CHL holder shoots knife attacker...and getting charged for murder? - DFWstangs Forums
 
LinkBack Thread Tools Display Modes
post #1 of 28 (permalink) Old 01-11-2010, 09:26 AM Thread Starter
Token Troll
 
GhostTX's Avatar
 
Join Date: Nov 2004
Location: Sherman
Posts: 4,101
CHL holder shoots knife attacker...and getting charged for murder?

Anybody hear anything on this story? Apparently, its going to trial soon.

From what I understand, a guy was to attack/going to attack a person with a knife in Dallas. The person (who was CHL) pulled his gun and fired. For whatever the reason, the attacker got hit in the side. The CHL holder got charged with attempted murder. The charge is that only shooting someone in the chest is self-defense. Any other area (side, back, etc) is not in self-defense (I guess the attacker is supposedly fleeing?).

Anyway...just wanted to hear more information on this...or if anybody knew of anything more.

'05 Redfire Mustang

"Self-government won't work without self-discipline." - Paul Harvey
GhostTX is offline  
Sponsored Links
Advertisement
 
post #2 of 28 (permalink) Old 01-11-2010, 09:27 AM
GROWED UP WRONG
 
Chopped54's Avatar
 
Join Date: Apr 2001
Location: The Box Babies Come In
Posts: 7,413
Never heard it, and without some sort of proof dont believe it.
Chopped54 is offline  
post #3 of 28 (permalink) Old 01-11-2010, 10:02 AM
Rolling with the homies
 
evil jose's Avatar
 
Join Date: Apr 2000
Location: Oak Cliff... that's my hood...
Posts: 43,271
Same here. Just can't see this happening in Texas.




2008 Lincoln MKZ
1995 Mustang GT Convertible
2002 F-150 SuperCrew


1995 Ford Taurus SHO
2003 Yamaha R6

evil jose is offline  
 
post #4 of 28 (permalink) Old 01-11-2010, 10:27 AM
Lifer
 
03trubluGT's Avatar
 
Join Date: Jan 2003
Location: DFW
Posts: 12,430
Quote:
Originally Posted by GhostTX View Post
Anybody hear anything on this story? Apparently, its going to trial soon.

From what I understand, a guy was to attack/going to attack a person with a knife in Dallas. The person (who was CHL) pulled his gun and fired. For whatever the reason, the attacker got hit in the side. The CHL holder got charged with attempted murder. The charge is that only shooting someone in the chest is self-defense. Any other area (side, back, etc) is not in self-defense (I guess the attacker is supposedly fleeing?).

Anyway...just wanted to hear more information on this...or if anybody knew of anything more.
I call BS.

Using deadly force is justified in the defense of a third person. Nowhere in the Penal Code does it say you have to use force to the person's front. I have a friend that shot a man in the side of his neck and killed him. The guy was stabbing his "girlfriend" at the time.
03trubluGT is offline  
post #5 of 28 (permalink) Old 01-11-2010, 10:30 AM
Pushed to the limit
 
PWTRTXSS's Avatar
 
Join Date: Oct 2002
Location: In the shadow of a big mountain
Posts: 4,510
That's why you need to shoot people in the ass. There is no way they can call shooting someone in the ass attempted murder.

Buying dogs kills.
PWTRTXSS is offline  
post #6 of 28 (permalink) Old 01-11-2010, 10:31 AM Thread Starter
Token Troll
 
GhostTX's Avatar
 
Join Date: Nov 2004
Location: Sherman
Posts: 4,101
I'll admit this is second hand. Coworker was shooting at Bullet Trap with a friend who's in the Dallas CIS. This is what that guy told him.

'05 Redfire Mustang

"Self-government won't work without self-discipline." - Paul Harvey
GhostTX is offline  
post #7 of 28 (permalink) Old 01-11-2010, 10:33 AM
African Booty Scratcher
 
ELVIS's Avatar
 
Join Date: Nov 2002
Location: Uranus
Posts: 13,150
dont bring a knife to a gun fight is all i would say if i was the judge.

god bless.

You don't have to earn my respect, you have to earn my disrespect.

Quote:
Originally Posted by Sean88gt View Post
Standing in a cell with tears running down your face and blood down your legs is no way to protest.
ELVIS is offline  
post #8 of 28 (permalink) Old 01-11-2010, 10:33 AM
I Я Invizabul
 
Join Date: Sep 2006
Location: Candyland
Posts: 4,909
Quote:
Originally Posted by 03trubluGT View Post
I call BS.

Using deadly force is justified in the defense of a third person. Nowhere in the Penal Code does it say you have to use force to the person's front. I have a friend that shot a man in the side of his neck and killed him. The guy was stabbing his "girlfriend" at the time.
What he said.
Pokulski-Blatz is offline  
post #9 of 28 (permalink) Old 01-11-2010, 11:35 AM
Lifer
 
Join Date: Nov 2003
Location: Bagram Air Base, Afg
Posts: 2,094
I had seen somewhere that lots of individuals with side and rear entry wounds are a result of last minute turning to out run the bullet (in simple words).
sonic93 is offline  
post #10 of 28 (permalink) Old 01-11-2010, 11:39 AM
Every day is.............
 
cobrajet69's Avatar
 
Join Date: Sep 2003
Location: Keller
Posts: 9,150
Quote:
Originally Posted by sonic93 View Post
I had seen somewhere that lots of individuals with side and rear entry wounds are a result of last minute turning to out run the bullet (in simple words).
That would be my guess too.
Also, I don't remember seeing a section in the CHL handbook code that mentioned "must shoot for the chest area...".


David
cobrajet69 is offline  
post #11 of 28 (permalink) Old 01-11-2010, 11:44 AM
Lifer
 
Join Date: Nov 2003
Location: Bagram Air Base, Afg
Posts: 2,094
Quote:
Originally Posted by cobrajet69 View Post
That would be my guess too.
Also, I don't remember seeing a section in the CHL handbook code that mentioned "must shoot for the chest area...".


David
That and I am shooting multiply times, who knows which round impacted first? Gotta show that fear for my life.
sonic93 is offline  
post #12 of 28 (permalink) Old 01-11-2010, 12:01 PM Thread Starter
Token Troll
 
GhostTX's Avatar
 
Join Date: Nov 2004
Location: Sherman
Posts: 4,101
I won't argue it sounds like crap. Who know how the guy's gonna move trying to avoid be shot, or he's lunging or...any number of reasons why the round wouldn't hit the "chest area".

Was just curious if this story had any meat to it and it's sounding like it doesn't.

'05 Redfire Mustang

"Self-government won't work without self-discipline." - Paul Harvey
GhostTX is offline  
post #13 of 28 (permalink) Old 01-11-2010, 02:39 PM
Lifer
 
Hass's Avatar
 
Join Date: Aug 2008
Posts: 1,713
If I shoot myself in the leg while drawing my concealed handgun on a knife attacker, would I be charged with attempted suicide?
Hass is offline  
post #14 of 28 (permalink) Old 01-11-2010, 07:02 PM
que?
 
grove rat's Avatar
 
Join Date: Jun 2003
Posts: 21,662
Quote:
Originally Posted by Hass View Post
If I shoot myself in the leg while drawing my concealed handgun on a knife attacker, would I be charged with attempted suicide?
haha!
grove rat is offline  
post #15 of 28 (permalink) Old 01-12-2010, 08:31 PM
Time Served
 
Join Date: Apr 2009
Location: Arlington, TX
Posts: 962
That's weird. Cops have said you can do whatever you want when they are in your house. I bet it should be more open than your chest for self defense.

Mr_fiux is offline  
post #16 of 28 (permalink) Old 01-12-2010, 08:34 PM
Factory Issue
 
Yale's Avatar
 
Join Date: Sep 2003
Location: Shippensburg, PA
Posts: 12,295
If it's that big a deal, shoot him in the chest now. Fuck that scumbag.

Give me a dollar.
Yale is offline  
post #17 of 28 (permalink) Old 01-13-2010, 11:33 AM
Trust me!
 
Racewerx's Avatar
 
Join Date: Oct 2003
Posts: 2,179
Dead men tell no tails.

190 is my autobahn
Racewerx is offline  
post #18 of 28 (permalink) Old 01-13-2010, 11:38 AM
African Booty Scratcher
 
ELVIS's Avatar
 
Join Date: Nov 2002
Location: Uranus
Posts: 13,150
Quote:
Originally Posted by Racewerx View Post
Dead men tell no tails.
tales either!!!!!!!!!!

god bless.

You don't have to earn my respect, you have to earn my disrespect.

Quote:
Originally Posted by Sean88gt View Post
Standing in a cell with tears running down your face and blood down your legs is no way to protest.
ELVIS is offline  
post #19 of 28 (permalink) Old 01-13-2010, 12:43 PM
Lifer
 
Avery'sDad's Avatar
 
Join Date: Feb 2008
Location: Red Oak
Posts: 1,509
Quote:
Originally Posted by 03trubluGT View Post
I call BS.

Using deadly force is justified in the defense of a third person. Nowhere in the Penal Code does it say you have to use force to the person's front. I have a friend that shot a man in the side of his neck and killed him. The guy was stabbing his "girlfriend" at the time.
How the heck did that situation come about?

"If "pro" is the opposite of "con", is "progress" the opposite of "congress"? ...Gallagher
Avery'sDad is offline  
post #20 of 28 (permalink) Old 01-13-2010, 12:53 PM
Time Served
 
Join Date: Nov 2009
Location: NRH - again...
Posts: 755
If he's in my house, It would be a hole as big as my fist in his chest from the 12ga with 00buck. To hell with that leaving him alive to testify against me crap...

2010 GT - 5spd
Roush Extreme Cat-Back Exhaust
3.89 Gears and SCT tuner coming soon!
Future Mods: LCA's, UCA, CAI, Springs, Wheels & Tires, Cams, Blower...
2010BlackGT is offline  
post #21 of 28 (permalink) Old 01-13-2010, 12:58 PM
Mexican Crew
 
paul_376's Avatar
 
Join Date: Jul 2007
Posts: 4,612
Quote:
Originally Posted by PWTRTXSS View Post
That's why you need to shoot people in the ass. There is no way they can call shooting someone in the ass attempted murder.
Yeah they can, just ask one of my cousins
lol

Quote:
Check your self bro , you're not that cool.

paul_376 is offline  
post #22 of 28 (permalink) Old 01-13-2010, 01:15 PM
Lifer
 
03trubluGT's Avatar
 
Join Date: Jan 2003
Location: DFW
Posts: 12,430
Quote:
Originally Posted by Avery'sDad View Post
How the heck did that situation come about?
Got a call to a violent domestic, the guy was stabbing his G/F with a knife and when the officer got there and went into the house (because of the screaming) he saw the guy over her plunging the knife into her. He took the only shot he had as the guy was rearing back for another stab (he didn't want to hit the female).

The bad guy took one .357 Magnum to the neck/throat. End of story.
03trubluGT is offline  
post #23 of 28 (permalink) Old 01-13-2010, 02:25 PM
Lifer
 
Avery'sDad's Avatar
 
Join Date: Feb 2008
Location: Red Oak
Posts: 1,509
Quote:
Originally Posted by 03trubluGT View Post
Got a call to a violent domestic, the guy was stabbing his G/F with a knife and when the officer got there and went into the house (because of the screaming) he saw the guy over her plunging the knife into her. He took the only shot he had as the guy was rearing back for another stab (he didn't want to hit the female).

The bad guy took one .357 Magnum to the neck/throat. End of story.
I read the original completely wrong. I was thinking some stranger was stabbing your friends girlfriend and he shot the stranger. That's messed up either way.

"If "pro" is the opposite of "con", is "progress" the opposite of "congress"? ...Gallagher
Avery'sDad is offline  
post #24 of 28 (permalink) Old 01-13-2010, 05:15 PM
Got Lateral G's??
 
Join Date: Jan 2002
Location: Your mirror about to pass your ass!
Posts: 9,822
Plano officer told me one time you can't shoot them if they are fleeing and don't have your property in their hands anymore as the crime is no longer occuring.

if someone is being charged after a knife attack, I would imagine they chased the guy after he left, then shot them while they attacker was fleeing. That is NOT justified deadly force, unless there was a damn good indication of possible further fear of life. Fear of revenge 3 days later is also NOT a valid arguement for continued fear for life....so I have heard...not clear on that part.

Rules also change at night from what the officer told me. Validity of actual "fear for my life" is nearly 100% because why else would the clown be on your property after dark but to commit a crime....?

Fuck'em. We need more dead assholes!



Looking for sponsorships for 2010 on the car above... PM for details and schedule.

I'm a mod motor GOD! LOL!
aggie97 is offline  
post #25 of 28 (permalink) Old 01-14-2010, 07:46 AM
Every day is.............
 
cobrajet69's Avatar
 
Join Date: Sep 2003
Location: Keller
Posts: 9,150
Thumbs up

Quote:
Originally Posted by aggie97 View Post
Plano officer told me one time you can't shoot them if they are fleeing and don't have your property in their hands anymore as the crime is no longer occuring.


Rules also change at night from what the officer told me. Validity of actual "fear for my life" is nearly 100% because why else would the clown be on your property after dark but to commit a crime....?
Both of these statements are true.


David
cobrajet69 is offline  
post #26 of 28 (permalink) Old 01-14-2010, 07:51 AM
Lifer
 
FATHERFORD's Avatar
 
Join Date: Oct 2003
Location: Katy and Waco
Posts: 1,932
Quote:
Originally Posted by aggie97 View Post
Plano officer told me one time you can't shoot them if they are fleeing and don't have your property in their hands anymore as the crime is no longer occuring.

if someone is being charged after a knife attack, I would imagine they chased the guy after he left, then shot them while they attacker was fleeing. That is NOT justified deadly force, unless there was a damn good indication of possible further fear of life. Fear of revenge 3 days later is also NOT a valid arguement for continued fear for life....so I have heard...not clear on that part.

Rules also change at night from what the officer told me. Validity of actual "fear for my life" is nearly 100% because why else would the clown be on your property after dark but to commit a crime....?

Fuck'em. We need more dead assholes!
Who is to say they aren't running to their car to get a gun or what not...

Only mistake I see with this situation is the guy wasn't shot dead.

"His tricked out trans am guzzles every dime he brings home"

2004 RC SWB F150 5.4 - Saleen S/C'd 5.4 3V
1979 Pace Car - Not the usual mods
1984 Gt-350 - Trickflow'd 302
1992 Coupe - Vortech'd 393
1997 Viper GTS - H/C and Giggles

Buy my F-150 Vortech Setup! - Link
FATHERFORD is offline  
post #27 of 28 (permalink) Old 01-14-2010, 08:02 AM
None
 
Jedi's Avatar
 
Join Date: Jul 2000
Location: Anti-Newbie
Posts: 12,675
Be careful of blanket statements of what you can / can't do.

Joe Horn's case involved a fleeing suspect and another than challenged him, both were killed.

http://www.cbsnews.com/stories/2007/...=mostpop_story

This isn't a game - there are no rules in a gunfight. Nobody knows what the intentions of a fleeing suspect are at the time. Are they runnign around the corner to get away? or because there is a car there with a weapon inside? There is nothing to prevent the criminal from returning to the scene either.

When it comes to saving my own life, I respect the law but I will whatever it takes to protect my life at that moment. If I'm in fear of my life, the only judge I'm accountable to is God.
Jedi is offline  
Sponsored Links
Advertisement
 
Reply

Bookmarks

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the DFWstangs Forums forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes
Linear Mode Linear Mode



Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome