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post #1 of 38 (permalink) Old 06-29-2010, 02:51 AM Thread Starter
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Another one for the good guys

long story short a good friend on mine was woken up early yesterday morning around 3am to some guy( African American) trying to kick in his front door. My buddy opened the door and fired 1 shot center mass and the rest is history. He is pretty fuck up about the whole thing, but I think he will be ok in the end. Oh ya this was in Garland.
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post #2 of 38 (permalink) Old 06-29-2010, 03:44 AM
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post #3 of 38 (permalink) Old 06-29-2010, 05:26 AM
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post #4 of 38 (permalink) Old 06-29-2010, 05:56 AM
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Why is he fucked up about this? Did he forget to double tap?

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post #5 of 38 (permalink) Old 06-29-2010, 06:05 AM
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post #6 of 38 (permalink) Old 06-29-2010, 06:47 AM
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long story short a good friend on mine was woken up early yesterday morning around 3am to some guy( African American) trying to kick in his front door. My buddy opened the door and fired 1 shot center mass and the rest is history. He is pretty fuck up about the whole thing, but I think he will be ok in the end. Oh ya this was in Garland.
Where in Garland?

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post #7 of 38 (permalink) Old 06-29-2010, 06:49 AM
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Why is he fucked up about this? Did he forget to double tap?
I think it's obvious that all the money he spent on a nice home protection piece has upset him do to the fact it had a FTF on the second round, and by the time he got it ready to fire again, the perp was already dead on the ground and missed his opportunity for the head shot.


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post #8 of 38 (permalink) Old 06-29-2010, 06:50 AM
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That's always a good thing to read

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post #9 of 38 (permalink) Old 06-29-2010, 07:01 AM
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Awesome, saved taxpayers a bunch of money and rid society of a pile of shit. Need alot more stories like this.
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post #10 of 38 (permalink) Old 06-29-2010, 07:21 AM
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Two thumbs up. I'd have to say if would have caught the thieves while they were stealing my iphone and ipod from my truck. I'd have shot them and not thought twice about it.

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post #11 of 38 (permalink) Old 06-29-2010, 07:42 AM
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Score one for the good side. I'm sure your buddy will get over it in time, just remind him that he and his are safe.

Remember, some people are alive simply because it is illegal to kill them.


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post #12 of 38 (permalink) Old 06-29-2010, 07:45 AM
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long story short a good friend on mine was woken up early yesterday morning around 3am to some guy( African American) trying to kick in his front door. My buddy opened the door and fired 1 shot center mass and the rest is history. He is pretty fuck up about the whole thing, but I think he will be ok in the end. Oh ya this was in Garland.

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post #13 of 38 (permalink) Old 06-29-2010, 07:51 AM
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Glad your friend is ok (in the alive sense).

No news story on this?

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post #14 of 38 (permalink) Old 06-29-2010, 08:27 AM
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Nice, although I am not sure I would have opened the door... I would have been waiting on the other side for him once he kicked it in.

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post #15 of 38 (permalink) Old 06-29-2010, 08:37 AM
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Nice, although I am not sure I would have opened the door... I would have been waiting on the other side for him once he kicked it in.

This

Heh, thought I was going to have one of these last night. Wife and I are on the couch watching a movie, hear a noise at the front door like something crashed, looked over at that security monitor and could swear a guy was flattened out against the wall.

False alarm luckily...
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post #16 of 38 (permalink) Old 06-29-2010, 08:42 AM
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This

Heh, thought I was going to have one of these last night. Wife and I are on the couch watching a movie, hear a noise at the front door like something crashed, looked over at that security monitor and could swear a guy was flattened out against the wall.

False alarm luckily...

it was me coming to steal your trailer!

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post #17 of 38 (permalink) Old 06-29-2010, 09:15 AM
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it was me coming to steal your trailer!

god bless.


Ha, it wasn't even here sucka!
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post #18 of 38 (permalink) Old 06-29-2010, 09:48 AM
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This story is racist!

Black people are in no way responsible for the majority of crime in America. It's all a consipiracy to imprison them all due to the white nature of owning slaves.

Your buddy killed an innocent brother trying to get ahead in life. I'm sure he was just looking for some money to buy books at Regent or Everest college so he could be a medical assistant.


That's the kind of shit people will say. Good kill for society if you ask me.

I hope your buddy won't have to deal with retaliation and the mob mentality that comes with that particular community.

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post #19 of 38 (permalink) Old 06-29-2010, 09:50 AM
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This story is racist!

Black people are in no way responsible for the majority of crime in America. It's all a consipiracy to imprison them all due to the white nature of owning slaves.

Your buddy killed an innocent brother trying to get ahead in life. I'm sure he was just looking for some money to buy books at Regent or Everest college so he could be a medical assistant.


That's the kind of shit people will say. Good kill for society if you ask me.

I hope your buddy won't have to deal with retaliation and the mob mentality that comes with that particular community.
Well, lets just hope he has his gun reloaded if they do!

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post #20 of 38 (permalink) Old 06-29-2010, 10:04 AM
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Sure doesn't seem like you see many of these stories on the news ever...
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post #21 of 38 (permalink) Old 06-29-2010, 10:10 AM
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Ha, it wasn't even here sucka!
Because I got there first.

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post #22 of 38 (permalink) Old 06-29-2010, 10:17 AM
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threads lacking details...........

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post #23 of 38 (permalink) Old 06-29-2010, 10:34 AM
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I'd be upset too. Ammunition is expensive these days.

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post #24 of 38 (permalink) Old 06-29-2010, 10:46 AM
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LE guys:

What are the rules on taking guns involved in shootings? By this was the firearm this guy used siezed by the police for "investigation"? I know it's automatic in suicides and the like, but if you are defending your property and shoot someone, is it protocol to take the weapon?
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post #25 of 38 (permalink) Old 06-29-2010, 11:51 AM Thread Starter
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post #26 of 38 (permalink) Old 06-29-2010, 11:55 AM
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LE guys:

What are the rules on taking guns involved in shootings? By this was the firearm this guy used siezed by the police for "investigation"? I know it's automatic in suicides and the like, but if you are defending your property and shoot someone, is it protocol to take the weapon?
I think it depends on the circumstances of the particular incident. If it's a clean cut case of self protection under the castle doctrine, then I would say no. But, if there are doubts as to the innocence of the shooter then I would say yes...

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post #27 of 38 (permalink) Old 06-30-2010, 11:15 AM
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The weapon is usually seized, an investigation conducted, and then a Grand Jury reviews the investigation and makes a recommendation for bill or no bill. There still was an offense of Murder. Now if it meets the required elements for self defense then there will be a no bill. After that is all over he will get the gun back and everything will be good to go, until the civil suits start rolling in.

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post #28 of 38 (permalink) Old 06-30-2010, 02:10 PM
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After that is all over he will get the gun back and everything will be good to go, until the civil suits start rolling in.
That's the good thing about Texas. If he's not charged then he is protected from any civil suits, meaning none can be filed against him for anything having to do with the self defense/killing of another....

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post #29 of 38 (permalink) Old 06-30-2010, 02:22 PM
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The weapon is usually seized, an investigation conducted, and then a Grand Jury reviews the investigation and makes a recommendation for bill or no bill. There still was an offense of Murder. Now if it meets the required elements for self defense then there will be a no bill. After that is all over he will get the gun back and everything will be good to go, until the civil suits start rolling in.

Eric

So it is seized regardless, meaning if a person only has one gun they would be defenseless until the process ran its course?
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post #30 of 38 (permalink) Old 06-30-2010, 04:39 PM
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That's the good thing about Texas. If he's not charged then he is protected from any civil suits, meaning none can be filed against him for anything having to do with the self defense/killing of another....
Yup, what he said...
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post #31 of 38 (permalink) Old 07-01-2010, 07:36 AM
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So it is seized regardless, meaning if a person only has one gun they would be defenseless until the process ran its course?
That is why you own 7...




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post #32 of 38 (permalink) Old 07-01-2010, 07:46 AM
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To start off, I think he did the right thing. Does anyone else think that if he had to open the door to shoot the guy then it could be argued in court that he wasn't defending himself? I'm curious as to how that would play out. For the record, I'd have done the same thing without thinking twice.

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post #33 of 38 (permalink) Old 07-01-2010, 08:21 AM
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To start off, I think he did the right thing. Does anyone else think that if he had to open the door to shoot the guy then it could be argued in court that he wasn't defending himself? I'm curious as to how that would play out. For the record, I'd have done the same thing without thinking twice.
Possibly, I am guessing that will be the defense. That, and I am sure he was just trying to sell girl scout cookies or something

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post #34 of 38 (permalink) Old 07-01-2010, 08:36 AM
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Possibly, I am guessing that will be the defense. That, and I am sure he was just trying to sell girl scout cookies or something


I'm pretty sure some CSI type stuff will come to play in here. They probably will pull the outline and tread pattern from the door and match it to his shoes he died in. That shows that his foot was making contact with the door.

Then they probably have taken photos of the damage to the door and frame, which will show that there was significant force everytime his foot hit the door.

To sum it up, he was trying to kick the door in. Justified killing as there is no need to kick the door in to sell cookies




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post #35 of 38 (permalink) Old 07-01-2010, 09:14 AM
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I'm pretty sure some CSI type stuff will come to play in here. They probably will pull the outline and tread pattern from the door and match it to his shoes he died in. That shows that his foot was making contact with the door.

Then they probably have taken photos of the damage to the door and frame, which will show that there was significant force everytime his foot hit the door.

To sum it up, he was trying to kick the door in. Justified killing as there is no need to kick the door in to sell cookies
But in the ghetto they just bust doors open to sell girl scout cookies, didn't you know?

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post #36 of 38 (permalink) Old 07-01-2010, 09:33 AM
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That is why you own 7...

Handguns? The number is actually a little higher than that but...


Seriously, anyone have a statute covering this? Or is it departmental policy that varies from muni to muni?
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post #37 of 38 (permalink) Old 07-01-2010, 12:12 PM
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That's the good thing about Texas. If he's not charged then he is protected from any civil suits, meaning none can be filed against him for anything having to do with the self defense/killing of another....
Then why is it when an LE officer has a deadly use of force and is cleared by Grand Jury they end up in court for a civil liability suit.

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post #38 of 38 (permalink) Old 07-02-2010, 08:43 AM
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Then why is it when an LE officer has a deadly use of force and is cleared by Grand Jury they end up in court for a civil liability suit.
Just a guess here, but probably because the castle doctrine doesn't extend to peace officer performing their job...If the cop shot somebody at his home off duty, then the castle doctrine applies...

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 9.01, Penal Code, is amended by adding Subdivisions (4) and (5) to read as follows:

(4) “Habitation” has the meaning assigned by Section 30.01.

(5) “Vehicle” has the meaning assigned by Section 30.01.

SECTION 2. Section 9.31, Penal Code, is amended by amending Subsection (a) and adding Subsections (e) and (f) to read as follows:

(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor [he] reasonably believes the force is immediately necessary to protect the actor [himself] against the other’s use or attempted use of unlawful force. The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.

(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.

SECTION 3. Section 9.32, Penal Code, is amended to read as follows:

Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:

(1) if the actor [he] would be justified in using force against the other under Section 9.31; and

(2) [if a reasonable person in the actor's situation would not have retreated; and

[(3)] when and to the degree the actor [he] reasonably believes the deadly force is immediately necessary:

(A) to protect the actor [himself] against the other’s use or attempted use of unlawful deadly force; or

(B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

(b) The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used [requirement imposed by Subsection (a)(2) does not apply to an actor who uses force against a person who is at the time of the use of force committing an offense of unlawful entry in the habitation of the actor].

(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

SECTION 4. Section 83.001, Civil Practice and Remedies Code, is amended to read as follows:

Sec. 83.001. CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A [It is an affirmative defense to a civil action for damages for personal injury or death that the] defendant who uses force or[, at the time the cause of action arose, was justified in using] deadly force that is justified under Chapter 9 [Section 9.32], Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s [against a person who at the time of the] use of force or deadly force, as applicable [was committing an offense of unlawful entry in the habitation of the defendant].

SECTION 5. (a) Sections 9.31 and 9.32, Penal Code, as amended by this Act, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for this purpose. For the purposes of this subsection, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

(b) Section 83.001, Civil Practice and Remedies Code, as amended by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. An action that accrued before the effective date of this Act is governed by the law in effect at the time the action accrued, and that law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2007.

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