texas granny shoots intruder (i summon reno!)

Her story is also why I have an alarm system. Had she not awaken in the night to let her dog out it could have gotten ugly.
 
WarAngel said:
Is it legal in Texas to use deadly force when the other person isn't presenting a threat to you? No where did they even say he was armed.
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He turned around and gabbed the gun so she shot his ass. Also there is a make my day law in texas.
 
WarAngel said:
Is it legal in Texas to use deadly force when the other person isn't presenting a threat to you? No where did they even say he was armed.
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Yes, it is, when the other person is trespassing on your property after dark. You can shoot a person even if they're just in your front yard. This person actually invaded her house.
 
iNVAR said:
Yes, it is, when the other person is trespassing on your property after dark. You can shoot a person even if they're just in your front yard. This person actually invaded her house.
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no, they do have to present a threat.. but grabbing for the gun would be good enough
 
Gangrel said:
no, they do have to present a threat.. but grabbing for the gun would be good enough
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Are you sure about that? I found this:
http://uts.cc.utexas.edu/~yct/cgi-bin/yabb/YaBB.pl?board=texas;action=display;num=1092166396

I'm not sure what you mean, Brendan. Look at Secs. 9.41 (deals with the use of force to protect one's own property) and 9.42 (deals with the use of deadly force to protect one's property) of the Texas Penal Code.

Under 9.41, a person can use force to protect his property when and to the degree the person reasonably believes the force is immediately necessary to prevent or stop the other person's theft or trespass to land.

If the property has already been stolen, the person can use force to recover the property if the person uses the force immediately or in fresh pursuit after the theft and the person reasonably believes the thief had no claim of right to the property or the thief accomplished the theft by using force, threat, or fraud.

To use deadly force under 9.42, three requirements must be met. Is using a gun deadly force? If I am the prosecutor, I would argue that it certainly is.

First, the person must be justified in using force under Sec. 9.41.

Secnd, the person must reasonbly believe the deadly force is necessary to prevent the thief's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property.

Finally, the person must reasonably believes that the property cannot be protected or recovered by any other means or the use of force other than deadly force to
protect or recover the property would expose the person or another person to a substantial risk of death or serious bodily injury.
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chunky munky said:
not in texas. if they are on your property, they are basically fair game.
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wrong, they still have to present a threat to you or your property...

now, if you want to talk realistically.. no one is going to be alive to argue about it except you.
 
WarAngel said:
I dunno, she shot him through the door and we only have her word that he grabbed at the gun.
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the story was made clear afterwards. hindsight is 20/20. for all she knew, he did indeed have possession of some of her property and was attempting to flee.
 
Gangrel said:
wrong, they still have to present a threat to you or your property...

now, if you want to talk realistically.. no one is going to be alive to argue about it except you.
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you caught my drift. :)

after watching that vid... the woman seems to be a little too confident in herself. she made some serious tactical errors and the situation could have easily gone bad.
 
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