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Old 02-04-2012, 09:30 AM
 
140 posts, read 134,593 times
Reputation: 92

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very sad for the victim and his family and friends

 
Old 02-04-2012, 09:33 AM
 
Location: Albuquerque, NM
664 posts, read 705,526 times
Reputation: 738
Shoot first ask questions later seems to be the feeling from some on this board. I would hate to have car troubles at night in Texas. Thank God for cell phones today, or you might get shot just approaching someone's door.

I remember about five years ago in Dallas some poor sod was drunk as h@ll and accidentally pounded on his next-door neighbor's door thinking it was his door. The neighbor shot his gun right through the door without opening it, killing the drunk guy immediately. The killer got off scott free.
 
Old 02-04-2012, 10:18 AM
 
Location: Avery Ranch, Austin, TX
5,327 posts, read 6,600,171 times
Reputation: 2008
Just think of the odds of a person who knows the area(lived nearby) A) Crashing on a benign stretch of familiar road; 2) Heading into a neighborhood instead of toward a commercial area and C) Ending up in front of the 'one' home occupied by someone predisposed to 'protecting' his property with lethal force? Wow

I can't imagine what the involved families must feel...including the shooter's wife and two kids.
 
Old 02-04-2012, 11:23 AM
 
105 posts, read 172,300 times
Reputation: 53
Quote:
Originally Posted by ScoPro View Post

Anyway, here's some more info from the AAS:
...
The homeowner sounds like a complete control-freak - do what I tell you, or I shoot you.

Also, I would be curious to know, if this guy already threatened earlier to kill anybody who steps on his property (neighbors? kids?), should have been police contacted before he shot anybody? I myself would be scared of a neighbor like that.

Last edited by whiterabbit2; 02-04-2012 at 11:46 AM..
 
Old 02-04-2012, 12:50 PM
 
Location: Austin, TX
3,770 posts, read 2,822,858 times
Reputation: 1817
Quote:
Originally Posted by tfresca View Post
I know this guy, the accused. Let's just say I'm not surprised he didn't choose a more diplomatic route but I hope this doesn't ruin his life. I also feel for the family of the victim.
He made choices, he needs to deal with the consequences. He may cause his family financial ruin. Maybe next time he'll think before he shoots first.
 
Old 02-04-2012, 01:13 PM
 
583 posts, read 665,991 times
Reputation: 305
Quote:
Originally Posted by sxrckr View Post
Whole story is weird (and tragic).
Quote:
Originally Posted by cBach View Post
He made choices, he needs to deal with the consequences. He may cause his family financial ruin. Maybe next time he'll think before he shoots first.
I'm not sticking up for the guy. He's probably one of the most consistently surly/angry people I've ever dealt with. I think some people gave him a pass for cultural reasons, he's either from Russia or Eastern Europe. I can't tell exactly with his accent and honestly I didn't want to engage with him in that long a conversation.
 
Old 02-04-2012, 04:24 PM
 
1,272 posts, read 932,995 times
Reputation: 643
Quote:
Originally Posted by OpenD View Post
Shooting someone for any reason other than self-defense is not only illegal, but typically is going to cost you a ton of money for attorneys, etc. And shooting someone in the back when they are running away from you pretty much guarantees you're going to lose everything you own.
Not true, actually, in Texas.
 
Old 02-04-2012, 04:32 PM
 
Location: United State of Texas
1,709 posts, read 2,558,527 times
Reputation: 2000
Quote:
Originally Posted by OpenD View Post
No, not so. Perhaps the saying should be "can get you hung" to be more accurate, but the principle is the same. If someone is running away from your residence and you shoot them in the back, your actions pretty strongly argue against your "perception" of being in imminent danger of personal harm.

I've heard three different attorneys discuss this on television news today, and they all said the same thing. Castle Doctrine does not give you a pass... you still have to behave responsibly.
In this case perhaps... But if the scenario includes someone intruding in your home, the gloves are off. Nobody here gets charged for killing an intruder unless there are obvious premeditated circumstances.

This guy was wrong flat out.

Now that we have had that discussion, it appears the guy was shot in the chest and leg according to local reports.

Still no excuse for the shooter.
 
Old 02-04-2012, 04:43 PM
 
1,895 posts, read 3,752,363 times
Reputation: 516
Quote:
Originally Posted by cBach View Post
He made choices, he needs to deal with the consequences. He may cause his family financial ruin. Maybe next time he'll think before he shoots first.
Unfortunately the victim can't live with the consequences.
 
Old 02-04-2012, 04:52 PM
 
Location: Austin, TX
14,534 posts, read 21,209,772 times
Reputation: 6519
Quote:
Originally Posted by OpenD View Post
Shooting someone for any reason other than self-defense is not only illegal, but typically is going to cost you a ton of money for attorneys, etc. And shooting someone in the back when they are running away from you pretty much guarantees you're going to lose everything you own.
Not entirely correct: If the kid was not attacking or threatening the homeowner, his family or breaking into the property and not clearly in the process of committing "aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery", then the homeowner had no right to use lethal force against him. Otherwise it is a legal defense in Texas.

Question is, why was the kid underneath the car? Was he trying to steal it? Was armed or did the homeowner have reason to fear that he was armed, then that would be robbery, which could be a defense for using lethal force.

Lots of "if's" here. Point is, be sure you are defending yourself or others before you use lethal force. I don't see shooting someone who is running away as fitting that criteria, unless I feared they were just trying to hid behind the car so they could shoot at me from cover. "Don't run or I will shoot you" might be reasonable in that case. It will take a jury to sort this one out.
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