I carry concealed but know when I should not shoot. The mugger was on his way out with the gun by his side (not raised or pointed at anyone) when the first two or three shots were fired.
The only thing that is closed is your mind. A man who had dropped his change and a necklace and gotten completely away circled around and killed his assailant because he himself had a gun and could. Had he not had a gun and training he would have been gone in the crowd. For you your gun religion rights of self defense is more important than a human life. And you have no idea how sad that is.
He threw his stuff on the ground and turned to walk away, the mugger was busy picking up the items, he was no longer in a imminent danger of being shot. A jury is not likely to see this as either self defense or standing one's ground.
Self defense is often as much about defending your property as defending your health. He was under no obligation to submit his property except under threat to his well-being, so it is still defense. Having an advantage is the point, so acting like he has to take a more risky position to return fire is misguided. It isn't about fairness.
Tell that to a judge or jury when the evidence shows you shot/killed a person after you turned away, returned to shoot while their weapon was no longer being pointed at you. I do not believe your lawyer can prove it was self defense at that point nor a case of "Standing your ground".
So, with the understanding we're on the same side...
Texas uses the "reasonable person" yardstick, the expectation is not that you're a lightning draw, and that's what would have been required in this case. You're not expected to draw your weapon while you have a gun pointed at you. His draw was near perfect, as was his evaluation of the setting after the incident.
Keep in mind there are 90 year olds in TX with CC permits, so reasonable person is a pretty wide set of behaviors
Also, in Texas, you're allowed to use deadly force when there's a reasonable expectation that your property will not be recovered during a theft, our cop had no reasonable expectation for the return of his property.
I've sat through the TX CC class 2x, and have lots of police friends, and I pick their brains about this stuff all the time. In all honesty, I'd likely not be able to pull off what that officer did in that setting.
Yes moonie, we all know. You really don't even have to post.
Apparently he does.
Keep on believing it wouldn't go before a grand jury or jury trial. The mugger no longer was pointing his weapon at the person and was shot while his head was down This more than likely will not pass muster for self defense or standing ones ground in most states.
His head was not down when he was shot. He was upright gun in hand moving toward the man he had just robbed. You are not obligated to retreat in that situation anywhere. Not only had the mugger threatened the man with deadly force everyone around them was also under threat. In every state that my cpl is recognized in you may come to the aid of others under threat of deadly force or great bodily harm with deadly force. There is no obligation to retreat in that situation. Retreat where required is only when it is reasonable to do so. All the other people under threat instantly made it unreasonable to do so in addition to the robber being upright gun in hand moving toward the shooter. No DA that values his win loss record would ever take that to a grand jury after viewing that video.
Texas is one of the few states that you're allowed to protect your property. That being said you may get lucky in Texas but in many other states I think the person would be charged and more than likely convicted based on what was seen in the video.
Your wrong again protecting property would not even be a question here. The robber had a gun in hand and used it as a threat of deadly force in the furtherance of the robbery. That instantly became a threat of deadly force as soon as the robber pulled the gun. If someone commits violence against you with a gun like in this case armed robbery then that is a threat of deadly force.
I initially though his head was down but no doubt the gun was by his side when the first few shots were fired, he attempted to bring it up after those shots but collapsed after the final two shots. A DA would take it to a Grand Jury in most states.
Keeping on thinking I'm wrong, the video does more to prove he came back to shot the person and when the gun was no longer being brandished.
Keeping on thinking I'm wrong, the video does more to prove he came back to shot the person and when the gun was no longer being brandished.
But I already know I'm crippled with overwhelming self hate! His reminding me is a trigger.
You could sit on my couch and talk about it if you like. Consider it a safe space.
Zero sympathy for the mugger who lost his life by committing a crime. Good riddance.
I had a friend in high school who lost her brother from a motor vehicle accident. I think he was going about 25 MPH over. Sad story.
Tell you what, you live in a relatively small town, go ask your police department to watch the video and ask if they think charges would be filed. It'd be a reasonable thing to ask them as a CCW permit holder.
In my experience, living in TX for 20 years, they'd want to give the guy an award.
He was going over the speed limit? No sympathy.
The police officer (Houston PD) who lives across the street said based on the video that the person would more than likely be charged as they disengaged and then re-engaged which negates self defense.