Real Situation - What If I Did Something Different? (Houston: safest neighborhood, to live)

[scotfordjakes]

This is the situation I was in today, in Houston, TX.

I stopped my bike at a park bench along a bike trial, very close to Velesco and Francis streets, not the safest neighborhood. I was looking for the source of a creak (turned out to be the chain in need of lube.) A pedestrian stops to inquire and seems to be offering assistance. In the course of this, he gets on my bike and starts riding away. I chased after him, caught up and began trying to get the bike from him. He swung a punch, barely hit me in the face. I was yelling for him to give my bike back, but I was not fully savage. He held the bike as a barrier between him and me, and yelled back it was his bike, repeatedly. About 5 people were within 50 yards, watching.

At that point, I considered going savage, but realized a gun could get involved, either from the thief or one one the people in the area, whose sympathies could have been for either one of us, I had no way to know. To avoid the risk of getting shot, I backed off and dialed 911, hoping a quick response would make it possible to chase the guy down. Cop got there in about 20 minutes, bike long gone.

The bike is a really nice racing bike, carbon fiber frame, with nice components and everything in perfect condition, the dry chain would have been fixed by now had it not been for this incident. Replacement cost is $2500.

MY QUESTION, WHAT IF, instead of backing off, I pulled a gun, shot the thief, then called 911 to report what had happened?

[Ghost Town]

Originally Posted by scotfordjakes

MY QUESTION, WHAT IF, instead of backing off, I pulled a gun, shot the thief, then called 911 to report what had happened?

Most likely jail and larger financial losses.

Sorry to hear about this.

How did the pedestrian look like?

[WRM20]

You would likely get away with it, but would spend $10k or more on legal fees, since all homicides are referred to a grand jury. You would also have to live with the guilt that comes with killing another human for a relatively trivial piece of property. Relevant statute is at https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm

[elnina]

Why would you shoot someone stealing your bike? I know bike thieves are scum, but shooting them is not justifiable because you were not in fear for your life, or defending yourself on your property.
Theft of a bicycle is a misdemeanor, and as such is not a death penalty case. You probably would be charged with murder.

In the future insure your expensive bicycle.

It was your own gullibility to let a stranger to take the bike from you. He didn't use any force, you practically handed it to him.

[scotfordjakes]

Originally Posted by elnina

Why would you shoot someone stealing your bike? I know bike thieves are scum, but shooting them is not justifiable because you were not in fear for your life, or defending yourself on your property.
Theft of a bicycle is a misdemeanor, and as such is not a death penalty case. You probably would be charged with murder.

In the future insure your expensive bicycle.

It was your own gullibility to let a stranger to take the bike from you. He didn't use any force, you practically handed it to him.

Are you sure the law concurs with your idea of "justifiable?"

I'd say punching me was using force. He also used fraud, pretending to provide assistance as cover for swiping and running. The law says deadly force is justifiable to prevent the robbery. The law says something about this being at night making a difference, I don't understand that.
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm

How about if I slugged him in the head with my D-lock I had in my backpack?

Clearly, the wise thing was to have been more protective of his access to my bike before he swiped it. That would avoided the situation completely.

[WRM20]

The law allows for use of deadly force at any time yo prevent a robbery. Deadly force can be used to prevent theft only when it occurs at night. The Penal Code has definitions of theft and robbery.

[detachable arm]

That’s the hood right by TSU. Makes me wonder why you’d ride a $2500 bike in the heart of the ghetto... that’s what the backup Huffy is for. So it sounds like you got taught a lesson, [Mod cut]
If you’re a white guy and shot him you’d be all over the news, because the guy stealing your bike was by default a good boy and dindu nothin’. If you were still alive, after a lot your money was burned I’m sure you’d get cleared, but someone would put a bounty on your head and you’d have to leave town. But whatever the case, if this story is not a daydream I hope this was a culturally enriching experience for you.

[scotfordjakes]

Originally Posted by detachable arm

That’s the hood right by TSU. Makes me wonder why you’d ride a $2500 bike in the heart of the ghetto... that’s what the backup Huffy is for. So it sounds like you got taught a lesson, [Mod cut] If you’re a white guy and shot him you’d be all over the news, because the guy stealing your bike was by default a good boy and dindu nothin’. If you were still alive, after a lot your money was burned I’m sure you’d get cleared, but someone would put a bounty on your head and you’d have to leave town. But whatever the case, if this story is not a daydream I hope this was a culturally enriching experience for you.

[Mod cut]

I was on a bike path from near where I live going to an office in the medical center. I thought it would be safer than streets with cars. I don't have a spare bike, do you?

TSU looks like a nice place to me.

Why have you brought race into this?

The only daydream is I wish I still had my bike.

[scotfordjakes]

Originally Posted by WRM20

The law allows for use of deadly force at any time yo prevent a robbery. Deadly force can be used to prevent theft only when it occurs at night. The Penal Code has definitions of theft and robbery.

According to Texas Penal Code § 29.02, a person commits robbery if, in the course of committing theft and with intent to gain control over someone else's property, they intentionally, knowingly or recklessly cause bodily injury to another or place another in fear of imminent bodily injury or death.

When the guy started throwing punches and the reaching for his pockets, I thought he might have a gun. That's why I stopped trying to get my bike from him.

Seems like borderline robbery. Not sure how that goes.

[detachable arm]

Originally Posted by scotfordjakes

[Mod cut]

I was on a bike path from near where I live going to an office in the medical center. I thought it would be safer than streets with cars. I don't have a spare bike, do you?

TSU looks like a nice place to me.

Why have you brought race into this?

The only daydream is I wish I still had my bike.

You obviously learned zero from this. Keep riding through the hood and see what else you lose next time, [mod cut]