FLA Jogger wont be charged for shooting/killing attacker.

[sc281]

Do we have anything like this in Texas?

Need to start looking into a CHL.

http://www.foxnews.com/us/2011/01/12/fla-jogger-wont-charged-shooting-teen/

A pistol-packing jogger in Florida won't be charged for shooting and killing a teenager who attacked him during a midnight run.

Prosecutors said Tuesday they are convinced Thomas Baker acted in self defense when he fired eight shots at 18-year-old Carlos Mustelier near Tampa in November .

Prosecutors say Florida's "stand-your-ground" law was a factor in their decision. The law, passed in 2005, gives people the right to use deadly force as long as they "reasonably believe" it is necessary to stop another person from hurting them.

Baker told police he reached for his gun when the teen punched him in the face. Baker has a concealed weapons permit.

The teen was hit four times in the chest, back and buttocks. He died at the scene.

Read more: http://www.foxnews.com/us/2011/01/12...#ixzz1ArzTkKkP

[helosailor]

+1 for the good guys!

[Kimmypie]

I love my CHL! Fuck a bunch of getting mugged or attacked.

[Forever_frost]

I love my CHL as well

[kingjason]

Good for them.

[JFurst]

needs to happen more often.

[Trip McNeely]

One less scumbag, and less money from the taxpayer for a dragged out trial and housing. Bravo.

[jakesford]

This is bullshit, I mean the poor kid was unarmed and was simply giving the violent gun nut a simple hello punch...

One more POS off the streets, good job!

[krazy kris]

1 less scumbag
I am surprised they didn't say something along the lines of he was shot in the back and ass so he was at that point no longer a threat he was trying to get away

[SMEGMA STENCH]

Kind of an odd law for florida. I wouldn't have expected them to be so smart there.

[BERNIE MOSFET]

My understanding of Texas Penal Code 9.32 is that it covers when you have a defense to using deadly force against another. There is no duty to retreat before using deadly force, but basically you [actually prosecutors after the fact, not you] have to reasonably believe that the person you are about to light up is committing or about to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Assault doesn't necessarily qualify for deadly force, but you can damn sure draw on someone who is assaulting you. That's covered under 9.31. 9.31(f) says you don't have to retreat first either.


I'm no lawyer though, and this isn't real legal advice.


Yes, you should definitely get your CHL.

[Vertnut]

I had to chuckle at, "four times in the chest, back and buttocks". So after four shots in the chest, the guy decides to run? Either that, or the shooter fired really fast!

[FATHERFORD]

"I was in fear of my life"

[ceyko]

Yeah, good for them. I'm not all for the equal force bullshit. If someone is putting the smackdown on someone else illegally (not self defense) - they deserve what they get.

[Sgt Beavis]

I'm not 100% sure on this but I think Texas' "Castle Law" provides for self defense away from the home (or your vehicle). I think a Texan would be similarly protected...

Maybe even more so because family members of the dead criminal would not be allowed to sue the person that was defending himself.