TX man shoots men robbing his neighbors - Page 4
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Thread: TX man shoots men robbing his neighbors

  1. #31
    Join Date
    Sep 2007
    Location
    Parsons, TN
    Posts
    272
    While you may agree or disagree with what this guy did...or would or would not do it yourself (been in a long thread on another forum about the "morality" of it...and don't want to do it here) it looks like according to Texas law he may be within the law.

    Texas Penal Code 9.43 allows for deadly force to protect the property of a third person.

    § 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.

    For refrene 9.41 & 9.42

    § 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.


    § 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
    justified in using deadly force against another to protect land or
    tangible, movable property:
    (1) if he would be justified in using force against the
    other under Section 9.41; and
    (2) when and to the degree he reasonably believes the
    deadly force is immediately necessary:
    (A) to prevent the other's imminent commission of
    arson, burglary, robbery, aggravated robbery, theft during the
    nighttime, or criminal mischief during the nighttime; or
    (B) to prevent the other who is fleeing
    immediately after committing burglary, robbery, aggravated
    robbery, or theft during the nighttime from escaping with the
    property; and
    (3) he reasonably believes that:
    (A) the land or property cannot be protected or
    recovered by any other means; or
    (B) the use of force other than deadly force to
    protect or recover the land or property would expose the actor or
    another to a substantial risk of death or serious bodily injury.
    “Because when seconds count, the police are only minutes away”

    Posting in …….
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  3. #32
    Join Date
    Sep 2007
    Location
    Gray Court, SC
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    2,934
    It turns out that the two he killed were Illegal aliens with criminal records. Bill was talking about it on the O'Reilly Factor. Two dope dealers that were looking for some fast money.

    Bill's talking points. Click on 12-5 http://www.foxnews.com/video2/player...nion&198&&&new
    Last edited by Red Hat; 12-05-2007 at 11:30 PM.
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

  4. I gotta say "Wow" again! By reading the law, I think he will get off. I wonder if that law was written in a time when Texas was a little more than a frontier and urban centers were really nonexistant? That would make things a little different. Also, I am surprised that, due to the open nature of this law, there are not more shootings of this nature in Texas.

  5. #34
    Join Date
    Sep 2007
    Location
    Gray Court, SC
    Posts
    2,934
    Quote Originally Posted by eluno View Post
    I gotta say "Wow" again! By reading the law, I think he will get off. I wonder if that law was written in a time when Texas was a little more than a frontier and urban centers were really nonexistant? That would make things a little different. Also, I am surprised that, due to the open nature of this law, there are not more shootings of this nature in Texas.
    That is the new Castle Doctrine law that was just signed by the Governor last March.
    http://lonestartimes.com/2007/03/27/...gned-into-law/ Several states have signed a version of of this into law including my state SC. It gives us a lot more latitude in self protection and protecting private property. In my state and some others we have a clause that protects us from being sued in civil court also.
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

  6. #35

    Illegals

    Quote Originally Posted by Red Hat View Post
    It turns out that the two he killed were Illegal aliens with criminal records. Bill was talking about it on the O'Reilly Factor. Two dope dealers that were looking for some fast money.

    Bill's talking points. Click on 12-5 http://www.foxnews.com/video2/player...nion&198&&&new

    Isn't that a supprise. Our government can spend trillions in Iraq but they can not do anything to stop the influx of criminals into our country.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  7. Mexico will sue him for the familys

  8. #37
    Quote Originally Posted by HK4U View Post
    Isn't that a supprise. Our government can spend trillions in Iraq but they can not do anything to stop the influx of criminals into our country.
    What?


    And Joe Horn and these two Columbian criminals have What
    to do with the war on Terror?

    Come on and stay on topic.

    Tarzan
    1 Timothy 5:8

    "But if any aprovide not for his own, and specially for those of his own house, he hath denied the faith, and is worse than an infidel."

  9. The war on terror is the war against evil. This is what we are allowing into our country and who is to say what they believe.

  10. #39

    Terror

    Quote Originally Posted by Tarzan1888 View Post
    What?


    And Joe Horn and these two Columbian criminals have What
    to do with the war on Terror?

    Come on and stay on topic.

    Tarzan

    Silly me for thinking that a wide open border where anyone could come across day our night without impunity could have an affect on terrorists being able to get into our country.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  11. #40
    Fallguy

    Appreciate the inclusion of the law information. Great work
    My other car is an F22

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