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Old 06-07-2013, 09:27 AM
 
Location: Houston
26,979 posts, read 15,886,908 times
Reputation: 11259

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Quote:
Originally Posted by northnut View Post
Yes, I would be angry. Would I take out a gun & shoot you? No, I'm civilized.

There is a line between being civilized and being a patsy.
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Old 06-07-2013, 09:31 AM
 
50,768 posts, read 36,474,703 times
Reputation: 76574
Quote:
Originally Posted by Mashed Potatoes View Post
There is a valid argument as to whether this was theft, or breach of contract.

The jury determined it was theft, and as such, the shooter was within his rights to use lethal force.

Lethal force needs to be authorized in all states to stop theft of property.
So if you give a deposit to a contractor, and he never shows up to do the work, it's okay to drive to his office and shoot him?
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Old 06-07-2013, 09:34 AM
 
Location: Londonderry, NH
41,479 posts, read 59,778,277 times
Reputation: 24863
Apparently in TEXAS he has to drive to your home before you can shoot him.

I still do not have the right to shoot a fleeing person. In that circumstance I would call the cops.
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Old 06-07-2013, 09:35 AM
 
69,368 posts, read 64,101,577 times
Reputation: 9383
Quote:
Originally Posted by ocnjgirl View Post
So if you give a deposit to a contractor, and he never shows up to do the work, it's okay to drive to his office and shoot him?
Bet they wont do it again, thus keeping down crime..
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Old 06-07-2013, 09:35 AM
 
Location: Houston
26,979 posts, read 15,886,908 times
Reputation: 11259
Quote:
Originally Posted by ocnjgirl View Post
So if you give a deposit to a contractor, and he never shows up to do the work, it's okay to drive to his office and shoot him?
No.

Once again, the law in Texas:

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.


A person is justified in using deadly force against another to protect land
or tangible, movable property:





(1) if he would be justified in using force against the other under Section
9.41; and


(2) when and to the degree he reasonably believes the deadly force is
immediately necessary:


(A) to prevent the other's imminent commission of arson, burglary,
robbery, aggravated robbery, theft during the nighttime, or criminal mischief
during the nighttime; or


(B) to prevent the other who is fleeing immediately after committing
burglary, robbery, aggravated robbery, or theft during the nighttime from
escaping with the property; and


(3) he reasonably believes that:


(A) the land or property cannot be protected or recovered by any other
means; or


(B) the use of force other than deadly force to protect or recover the
land or property would expose the actor or another to a substantial risk of
death or serious bodily injury.
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Old 06-07-2013, 09:38 AM
 
Location: Houston
26,979 posts, read 15,886,908 times
Reputation: 11259
Quote:
Originally Posted by GregW View Post
I still do not have the right to shoot a fleeing person. In that circumstance I would call the cops.
No, you do not. I do. Different states, different laws; federalism in action.
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Old 06-07-2013, 09:40 AM
bUU
 
Location: Florida
12,074 posts, read 10,704,652 times
Reputation: 8798
Quote:
Originally Posted by whogo View Post
There is a line between being civilized and being a patsy.
But a rather clear line between being civilized and being barbaric. It's a shame so many people and even state governments have no compunction regarding prancing right over that line.
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Old 06-07-2013, 09:41 AM
 
Location: Londonderry, NH
41,479 posts, read 59,778,277 times
Reputation: 24863
Johnrex62 -

Would I be justified in shooting you for your attempt at a gratuitous insult?

Back to the point: I can see where a law like this could have developed in TEXAS as a response to cattle rustling or stealing oil from a well side tank or a similar theft. I still do not think that shooting a person to prevent a theft is justified whereas shooting someone violently assaulting you is.
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Old 06-07-2013, 09:41 AM
 
Location: california
7,322 posts, read 6,925,052 times
Reputation: 9258
If she gave the money to the driver it means a third party is involved ,and it is likely that a scuffle with the driver trying to recover the money, resulted in the hooker getting shot .
Just speculating
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Old 06-07-2013, 09:44 AM
 
7,541 posts, read 6,270,899 times
Reputation: 1837
the law was intended to protect property against those who would do harm to you and the property. NOT a hooker who takes you for your money. Like someone stealling your car by use of force (weapons) and the only way to retrieve the car is to shoot the theif.

Not an unarmed hooker. Was the man completely inept and weak that he couldn't handle a 150 lb. woman?

The jury in this case were complete morons.
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