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FLA Jogger wont be charged for shooting/killing attacker.

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  • #16
    Originally posted by Sgt Beavis View Post
    Maybe even more so because family members of the dead criminal would not be allowed to sue the person that was defending himself.
    Isn't that after a no-bill decision only though? Which I guess it really does not matter cause otherwise you'd be in jail for murder or otherwise.
    Originally posted by MR EDD
    U defend him who use's racial slurs like hes drinking water.

    Comment


    • #17
      Originally posted by Sgt Beavis View Post
      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.
      They can always bring a civil suit against the shooter, regardless of guilt.

      Comment


      • #18
        Originally posted by Vertnut View Post
        They can always bring a civil suit against the shooter, regardless of guilt.
        Technically a law was past a couple of years ago to negate that in Texas.

        Also, I guess some lawyers may still do it but the lawyer makes it clear the family (whoever) is responsible for all legal fees if it fails and that it likely will faily - so supposedly that also helps negate this happening.

        Edit: I'm just spouting off what the CHL instructor said about a year ago. So, I probably should verify it before pretending like it fact - but I do put some validity in his knowledge.
        Originally posted by MR EDD
        U defend him who use's racial slurs like hes drinking water.

        Comment


        • #19
          Originally posted by ceyko View Post
          Technically a law was past a couple of years ago to negate that in Texas.

          Also, I guess some lawyers may still do it but the lawyer makes it clear the family (whoever) is responsible for all legal fees if it fails and that it likely will faily - so supposedly that also helps negate this happening.

          Edit: I'm just spouting off what the CHL instructor said about a year ago. So, I probably should verify it before pretending like it fact - but I do put some validity in his knowledge.
          Maybe, but anybody can sue anybody, whether they can win or not. I got my carry license in '96, and I've always heard to carry a lot of liability insurance in the event you take someone out.

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          • #20
            Originally posted by ceyko View Post
            Technically a law was past a couple of years ago to negate that in Texas.

            Also, I guess some lawyers may still do it but the lawyer makes it clear the family (whoever) is responsible for all legal fees if it fails and that it likely will faily - so supposedly that also helps negate this happening.

            Edit: I'm just spouting off what the CHL instructor said about a year ago. So, I probably should verify it before pretending like it fact - but I do put some validity in his knowledge.
            The Texas castle doctrine is the law that amended sections 9.01, 9.31, 9.32, 30.01 and protects you from civil suit if you shoot someone in self defense under 83.001 of civil practices and remedy code. You can still be sued, because anyone can sue for anything, but the castle law makes it really easy to have the case dismissed.

            The law as it applies to killing another person, read below as it was enacted by the Texas legislature
            Men have become the tools of their tools.
            -Henry David Thoreau

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            • #21
              4 outta 8? time to hit the range!

              god bless.
              It is easier to build strong children than to repair broken men -Frederick Douglass

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              • #22
                Originally posted by MOSFET View Post
                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.
                According to my CHL instructor, it doesn't even have to be happening to you. You can just be witnessing those things, and use deadly force.

                Comment


                • #23
                  I think all the above is true, but remember anytime you shoot someone you're going to court and you're at the "mercy" of the court. (aka lawyers)

                  My family and I, no doubt I won't hesitate to protect us. Strangers? Some shit better be going down before I put myself at risk of never seeing my family again - so some stranger will see theirs. I don't trust our legal system at all.
                  Originally posted by MR EDD
                  U defend him who use's racial slurs like hes drinking water.

                  Comment


                  • #24
                    8 Shots!

                    Must've run out of bullets.

                    Comment


                    • #25
                      Originally posted by ELVIS View Post
                      4 outta 8? time to hit the range!

                      god bless.
                      was scrolling down hoping nobody beat me to it.

                      you win.

                      allah achbar.

                      Comment


                      • #26
                        Originally posted by StanleyTweedle View Post
                        According to my CHL instructor, it doesn't even have to be happening to you. You can just be witnessing those things, and use deadly force.
                        I'm no lawyer, but that sounds like a good way to get yourself in a world of legal trouble.

                        a CHL isn't a badge.. it's not a license to walk around and police society. sounds like a good way for a gung-ho prosecutor to make a martyr out of someone.

                        Comment


                        • #27
                          The law is the law. Its not the lawyers yall don't trust, its the judges. The lawyers can try to do whatever they will but its the judge who must interpret the law and make the call. Or jury, if that be the exact way that it goes down. Guess I'm just not a selfish guy, but if I saw some woman getting raped, some kid being abducted etc, yeah I'd fire. Or in my particular case, I may not actually have to fire. I'm not a braggart or anything but a good punch from a guy my size would probly get the message across well enough. Depends on the situation. In some cases I'd never get the chance.

                          And its not as if you'll be going to jail for murder one. That just ain't gonna happen. Period. You may get some kind of weakened manslaughter charge or something, but like I said I'd take it if I had to, to help someone who was about to be killed or whatnot.

                          Comment


                          • #28
                            Originally posted by StanleyTweedle View Post
                            And its not as if you'll be going to jail for murder one. That just ain't gonna happen. Period. You may get some kind of weakened manslaughter charge or something, but like I said I'd take it if I had to, to help someone who was about to be killed or whatnot.

                            About to be killed

                            Being raped

                            Kids being abducted (which on this one, how can you be sure the kid just is not being a brat, unless you know the parents and it is them trying to chase the kid down)

                            Anyway, a lot of those are more concerete then what a lot of people claim to be ready to pull the trigger for around here. All I know is I'm a lot less likely to pull the trigger for someone else then I am for my family and I.

                            No I don't trust lawyers, judges, jury or the court in general.
                            Originally posted by MR EDD
                            U defend him who use's racial slurs like hes drinking water.

                            Comment


                            • #29
                              There are many ways, out of many situations. You just have to know how to make the smartest decision, for that time. Take the kid being abducted for example. You have a strong suspicion, because a white van pulls up and grabs up a kid and the kid starts screaming. Then again, like you said, you never know that might be the kid not wanting to go home and its their dad's white work van. Who knows? If you are selfless, you can always just blow out the tire, and call the cops. They'll sort it out if the kid was being abducted, and the van ain't going nowhere. What do you get charged with then? Discharging a weapon when it wasn't called for? A lot better than killing someone...

                              Comment


                              • #30
                                Originally posted by StanleyTweedle View Post
                                There are many ways, out of many situations. You just have to know how to make the smartest decision, for that time. Take the kid being abducted for example. You have a strong suspicion, because a white van pulls up and grabs up a kid and the kid starts screaming. Then again, like you said, you never know that might be the kid not wanting to go home and its their dad's white work van. Who knows? If you are selfless, you can always just blow out the tire, and call the cops. They'll sort it out if the kid was being abducted, and the van ain't going nowhere. What do you get charged with then? Discharging a weapon when it wasn't called for? A lot better than killing someone...
                                sounds like a good way to get shot
                                http://www.truthcontest.com/entries/...iversal-truth/

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