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Old 05-18-2011, 04:51 PM
 
281 posts, read 383,877 times
Reputation: 263

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No, it's not, not even in Texas. Trespassing alone does not give you the right to use lethal force.

Quote:
According to Section 9.42 of the Texas Penal Code, a landowner can shoot at or use other deadly force against a trespasser if the landowner reasonably believes the land or property cannot be protected or recovered by any other means, or that the landowner himself would be exposed to substantial risk of death or serious bodily injury if the landowner does not use deadly force.
Don't bother with section 9.41, which describes force and not lethal force.

 
Old 05-18-2011, 05:14 PM
 
Location: Jacurutu
5,302 posts, read 4,010,077 times
Reputation: 601
Quote:
Originally Posted by trlhiker View Post
So what if it turns out that they were US citizens? Would it still be ok to shoot first and ask later?
The Texas Department of Public Safety press release reports that both are "legal residents of El Paso"...
 
Old 05-18-2011, 05:33 PM
 
Location: San Diego
32,799 posts, read 30,034,103 times
Reputation: 17687
Denton then took the injured men to the
Fabens Fire Department for medical attention, and both men were transported by ambulance to El Paso.

For what it's worth the guy did seek aid for them.
 
Old 05-18-2011, 06:33 PM
 
Location: Jacurutu
5,302 posts, read 4,010,077 times
Reputation: 601
Quote:
Originally Posted by 1AngryTaxPayer View Post
Denton then took the injured men to the
Fabens Fire Department for medical attention, and both men were transported by ambulance to El Paso.

For what it's worth the guy did seek aid for them.
Of course that makes things entirely right...

What if the shooting had been more successful* ?...

* The fundamentals of firing a gun at a person is to kill them...

Would Mr. Denton then just walked away from two dead bodies, or told a different story?...
 
Old 05-18-2011, 09:48 PM
 
47,576 posts, read 58,699,632 times
Reputation: 22158
Quote:
Originally Posted by Ripley6174 View Post
Who are these lunatics who believe trespassing gives you the right to use lethal force? That is not true in any state and in most of them it will get you murder charges instead.
It's unlikely they were just trespassing innocently.

Seriously some of you need to check out this part of the border before you judge what took place.

Keep in mind it's a very thin, mostly unenforced, wide open, fenceless border between this area and the most dangerous and violent part of the world.

Even the Mexicans who have recently relocated to there are nervous, they report being followed by black SUVs with no license plates, the cartel presense is very strong, and people have lots of reason to be afraid.
 
Old 05-18-2011, 10:02 PM
 
Location: Jacurutu
5,302 posts, read 4,010,077 times
Reputation: 601
Quote:
Originally Posted by malamute View Post
It's unlikely they were just trespassing innocently.

Seriously some of you need to check out this part of the border before you judge what took place.

Keep in mind it's a very thin, mostly unenforced, wide open, fenceless border between this area and the most dangerous and violent part of the world...
A 55-year old father and 32-year old son together in a vehicle does actually sound innocent to me. I've heard every length to defend a man shooting two people, including because the victims were Hispanic. Why isn't there the same suspicion of why Mr. Denton owns land in the area?
 
Old 05-18-2011, 10:05 PM
 
16,438 posts, read 18,513,116 times
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Quote:
Originally Posted by Oerdin View Post
Lock him in jail just like you would with any other criminal who shoots people without cause.
They were tresspassers on his land.
 
Old 05-18-2011, 10:19 PM
 
47,576 posts, read 58,699,632 times
Reputation: 22158
Quote:
Originally Posted by IBMMuseum View Post
The Texas Department of Public Safety press release reports that both are "legal residents of El Paso"...
Not citizens then. Exactly what were they doing in drug cartel controlled territory?

And there is this:

West Texas rancher shoots 2 men he alleges were trespassing, transports them to fire station | NewsOK.com


A spokesman for the Mexican Consulate in El Paso said the consulate had no information about the incident as of Wednesday afternoon.

Residents of the farming towns and desert communities east of El Paso have expressed fears about bloodshed across the Rio Grande in the Valley of Juarez.

The Valley of Juarez is a traditional smuggling hot spot that is disputed territory in a war between the Sinaloa and Juarez drug cartels.

The torching of homes, decapitations (two severed heads were left atop a wall on Tuesday in the village of Guadalupe) and disappearances are common in the valley of farming villages and towns east of Juarez.

During a town-hall meeting a year ago, Hudspeth County Sheriff West advised farmers in his county to “arm yourselves” for protection because of the danger across the border.

The violence has not always been contained to Mexico.

In January, rifle shots were apparently fired from Mexico across the border at four U.S. road workers in the ghost town of Fort Quitman. No one was injured.

The Valley of Juarez includes the town of Praxedis G. Guerrero, whose 21-year-old police chief, Marisol Valles Garcia, was hailed for her bravery in October when she took a job that nobody else wanted.

Valles had no law enforcement experience, didn't carry a gun and planned on tackling minor crimes and leaving the fight against narco-traffickers to state and federal authorities.

In March, Valles with her infant son, her husband and parents fled to seek political asylum in the United States after receiving death threats.



Read more: West Texas rancher shoots 2 men he alleges were trespassing, transports them to fire station | NewsOK.com
 
Old 05-18-2011, 10:23 PM
 
47,576 posts, read 58,699,632 times
Reputation: 22158
Quote:
Originally Posted by IBMMuseum View Post
A 55-year old father and 32-year old son together in a vehicle does actually sound innocent to me. I've heard every length to defend a man shooting two people, including because the victims were Hispanic. Why isn't there the same suspicion of why Mr. Denton owns land in the area?
Well yes, there are some off-the-grid type people living out there. And of course the cartel does it's heavy trafficking in that area. And as most of us have heard by now, the cartels are extremely violent, they'll kill anyone who gets in their way. They're kidnapping for ransom, and many people of East Juarez Valley have fled.

Have you tried poking around in East Juarez Valley anytime lately?
 
Old 05-18-2011, 11:14 PM
 
Location: Jacurutu
5,302 posts, read 4,010,077 times
Reputation: 601
Quote:
Originally Posted by malamute View Post
Not citizens then. Exactly what were they doing in drug cartel controlled territory?...
But they are U.S. citizens. Norangel Velez says that he and his father were driving around looking for land to buy, and made a wrong turn. Sounds very plausible to me.
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