Nebor
Lifer
- Jun 24, 2003
- 29,582
- 12
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Originally posted by: RightIsWrong
Originally posted by: Nebor
Originally posted by: umbrella39
Originally posted by: Nebor
Under Texas law, this guy walks. Deadly force is authorized to stop a felony in progress. Same in most states. Why do you people think criminals have rights during the commission of their crimes?
Honestly? I think a better question is why do you think you have the right to kill someone for stealing? Are you a SUPER-UBER cop? Because cops don't even have that authority. The show COPS would be pretty boring if we lived in the world you envision. There would be no chases, no foot pursuits, just "Hey that guy is running out of the bank, shoot him!" It is a rhetorical question tbh having read many of your recent posts on a variety of topics. I almost get the impression you are a parody poster as no one can be that skewed.
I am not buying that it is OK in Texas for the police let alone the average Joe to gun down fleeing criminals unless their lives are in danger first. Having read what DM copied and pasted about Texas law pertaining to 3rd parties and the actors committing the crime, I am not reading where it says it is OK to shoot and kill them. Only that the 3rd party is to be held to the same laws as the actual homeowner being robbed would in defending the property. Sheesh.
§ 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
You're obviously not familiar with free states, like Texas, Florida, Virginia, New Hampshire, Nevada, New Mexico, etc. Deadly force to stop a felony in progress, or damage or theft of property is authorized. That applies to crimes as petty as criminal mishief. That's right, you can be shot and killed legally for spray painting someone's wall.
I promise you what this guy did is ok by Texas law. Why do you think the police didn't arrest him? From everything I've heard, they patted him on the back and have said he was "just defending his neighbors property." Most people are widely supporting his actions.
I wish he was my neighbor. :thumbsup:
Uh....since when is criminal mischief a felony? Just asking cause that is one of the requirements for the use of deadly force.
Uh, no it's not. Did you read what I posted? I highlighted it for you.