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Posted: 11/27/2007 5:09:10 AM EDT
I just heard on Dallas 570 AM there would be no charges filed against the guy who whacked the burglars. That report stated they were on his property and lunged at him with weapons. I love this state.

I just emailed the talkshow guy that reported it to get more details and will pass it on when received.
Link Posted: 11/27/2007 5:10:01 AM EDT
[#1]

Quoted:
I just heard on Dallas 570 AM there would be no charges filed against the guy who whacked the burglars. That report stated they were on his property and lunged at him with weapons. I love this state.


sweet!
Link Posted: 11/27/2007 5:11:16 AM EDT
[#2]
Well friggin good!  I miss Texas......  





-K
Link Posted: 11/27/2007 5:13:32 AM EDT
[#3]
Props to O_P, I didn't think it would really go this way and he did.

Wonder if the wifey would consider a move to the south?
Link Posted: 11/27/2007 5:14:03 AM EDT
[#4]


Link Posted: 11/27/2007 5:15:44 AM EDT
[#5]
Wow, cool!

Don't mess with Texas!
Link Posted: 11/27/2007 5:17:46 AM EDT
[#6]
God bless that state!   Glad to hear a good guy isn't going to have to face a trial.
Link Posted: 11/27/2007 5:19:35 AM EDT
[#7]
Wait, are we talking about the old dude that shot the 2 burgulars comming out of his nieghbors house while he was on the phone with 911?
The "bang your dead" guy?

Link Posted: 11/27/2007 5:19:53 AM EDT
[#8]

Quoted:
I just heard on Dallas 570 AM there would be no charges filed against the guy who whacked the burglars. That report stated they were on his property and lunged at him with weapons. I love this state.



The case still has to go to a Harris County Grand Jury, but I do think he's going to be okay on this one.

I sent him a "Thank You" card for his service to the community.  

CMOS
Link Posted: 11/27/2007 5:19:58 AM EDT
[#9]
Good job to the Grand Jury!
Link Posted: 11/27/2007 5:20:29 AM EDT
[#10]
Link Posted: 11/27/2007 5:21:08 AM EDT
[#11]
Just to be clear, was this the guy that was on the phone to 911 when he shot the two guys coming out of his neighbor's house, or the guy who shot two burglars at his junkyard?
Link Posted: 11/27/2007 5:22:09 AM EDT
[#12]
I love a happy ending
(link to the original thread?)

www.ar15.com/forums/topic.html?b=1&f=5&t=640348&page=1
Link Posted: 11/27/2007 5:22:13 AM EDT
[#13]
Excellent!

Link Posted: 11/27/2007 5:22:14 AM EDT
[#14]
+1000  
Link Posted: 11/27/2007 5:22:18 AM EDT
[#15]
Good News

For Once
Link Posted: 11/27/2007 5:22:43 AM EDT
[#16]

Quoted:
Just to be clear, was this the guy that was on the phone to 911 when he shot the two guys coming out of his neighbor's house, or the guy who shot two burglars at his junkyard?



+?
Link Posted: 11/27/2007 5:22:47 AM EDT
[#17]

Great
Link Posted: 11/27/2007 5:23:32 AM EDT
[#18]

Quoted:
Just to be clear, was this the guy that was on the phone to 911 when he shot the two guys coming out of his neighbor's house, or the guy who shot two burglars at his junkyard?


The guy who shot the guys robbing the neighbors house.
Link Posted: 11/27/2007 5:24:51 AM EDT
[#19]

Quoted:

Quoted:
Just to be clear, was this the guy that was on the phone to 911 when he shot the two guys coming out of his neighbor's house, or the guy who shot two burglars at his junkyard?


The guy who shot the guys robbing the neighbors house.


Oh yeah!  You can hear the sound of bad guy buttholes puckering all over the state of Texas right now.  
Link Posted: 11/27/2007 5:24:57 AM EDT
[#20]

Quoted:
Just to be clear, was this the guy that was on the phone to 911 when he shot the two guys coming out of his neighbor's house, or the guy who shot two burglars at his junkyard?





Someone pleae clear this up for us.
Link Posted: 11/27/2007 5:25:02 AM EDT
[#21]
Haha.

I figured that's what it would turn on.

Score. I bet the burglary rate goes down in that town.
Link Posted: 11/27/2007 5:25:41 AM EDT
[#22]
trust but verify..





not calling BS but,,,having heard the tape...

I dont know..cant see a NO Bill..
Link Posted: 11/27/2007 5:26:36 AM EDT
[#23]
Did this go to a grand jury without anyone in the MSM knowing it?

Link Posted: 11/27/2007 5:26:46 AM EDT
[#24]
Link Posted: 11/27/2007 5:27:03 AM EDT
[#25]

Quoted:

Quoted:
Just to be clear, was this the guy that was on the phone to 911 when he shot the two guys coming out of his neighbor's house, or the guy who shot two burglars at his junkyard?


The guy who shot the guys robbing the neighbors house.




Well shave my ass and call me Francis;  I thought for sure he would have done some time for that one.  Good for him, Im glad he walked.   If he starts posting here, I'll buy him a membership.
Link Posted: 11/27/2007 5:27:44 AM EDT
[#26]
Now we take bets on the civil suit.
Link Posted: 11/27/2007 5:28:23 AM EDT
[#27]

Quoted:
Haha.

I figured that's what it would turn on.

Score. I bet the burglary rate goes down in that town.


In HOUSTON? Naaaa.......the rate of ARMED burglars will probably go up
Link Posted: 11/27/2007 5:29:51 AM EDT
[#28]

Quoted:
Wow, cool!

Don't mess with Texas!




That term kinda carries a little weight now don't ya think.
Link Posted: 11/27/2007 5:30:11 AM EDT
[#29]
Seems kind of quick for it to be taken to the GJ. Didnt the event occur something like 2 weeks ago?
Link Posted: 11/27/2007 5:31:38 AM EDT
[#30]

Quoted:
Now we take bets on the civil suit.


Not in Texas
Link Posted: 11/27/2007 5:32:30 AM EDT
[#31]

Quoted:
Now we take bets on the civil suit.



Texas has implemented civil protections for justifiable force.

Boy, lots of people are gonna eat crow on this one.
Link Posted: 11/27/2007 5:33:03 AM EDT
[#32]
any news link?  i didn't find any reference on google news.
Link Posted: 11/27/2007 6:04:07 AM EDT
[#33]
He should get a bounty.
Link Posted: 11/27/2007 6:10:58 AM EDT
[#34]
Nice
Link Posted: 11/27/2007 6:34:21 AM EDT
[#35]
Link anyone?

I would prefer to know for certain which case we are discussing.


Link Posted: 11/27/2007 6:35:12 AM EDT
[#36]

Quoted:
Link anyone?

I would prefer to know for certain which case we are discussing.




I havent seen anything on it yet other than this thread
Link Posted: 11/27/2007 6:36:57 AM EDT
[#37]
About time
Link Posted: 11/27/2007 6:37:08 AM EDT
[#38]
Excellent news.  Post news links if any mention this wonderful bit of info.
Link Posted: 11/27/2007 6:39:59 AM EDT
[#39]

Quoted:

Quoted:
Now we take bets on the civil suit.



Texas has implemented civil protections for justifiable force.

Boy, lots of people are gonna eat crow on this one.


Point to the statute that indicates that, please.

I will be surprised if you find one, as the statute for justification as a defense to the use of deadly force SPECIFICALLY DISCLAIMS any immunity from civil remedies.

To wit:


§ 9.06. CIVIL REMEDIES UNAFFECTED.  The fact that conduct
is justified under this chapter does not abolish or impair any
remedy for the conduct that is available in a civil suit.


Straight from the horse's mouth.
Link Posted: 11/27/2007 6:46:46 AM EDT
[#40]
Good news.

Where are all the non-Texan posters that proclaimed in the earlier thread that the guy would be convicted of murder and go to jail forever?


<crickets chirping>
Link Posted: 11/27/2007 6:50:37 AM EDT
[#41]

Quoted:

Quoted:
Now we take bets on the civil suit.


Not in Texas


Here's an example where a little knowledge is a dangerous thing.  The change in law everyone is referring to that provides "immunity" to a civil suit can be found in:


TEXAS CIVIL PRACTICE & REMEDIES CODE


CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON


§ 83.001. AFFIRMATIVE DEFENSE.  It is an affirmative
defense to a civil action for damages for personal injury or death
that the defendant, at the time the cause of action arose, was
justified in using deadly force under Section 9.32, Penal Code,
against a person who at the time of the use of force was committing
an offense of unlawful entry in the habitation of the defendant.


Unfortunately, our hero isn't going to be able to rely on Section 9.32 (as he was defending the property of a third party and therefore must rely on Section 9.43).

Oops.

Even if he had relied on Section 9.32 here he is not covered as he is not responding to an "offense of unlawful entry in the habitation of the defendant."  (i.e., this isn't a home invasion).

So I repeat:  Time for bets on the civil suit.
Link Posted: 11/27/2007 6:52:12 AM EDT
[#42]
Taggarino.
Link Posted: 11/27/2007 6:52:31 AM EDT
[#43]
Link Posted: 11/27/2007 6:53:00 AM EDT
[#44]
Link Posted: 11/27/2007 6:55:39 AM EDT
[#45]

Quoted:

Quoted:
Just to be clear, was this the guy that was on the phone to 911 when he shot the two guys coming out of his neighbor's house, or the guy who shot two burglars at his junkyard?





Someone pleae clear this up for us.


I love the fact that it happens enough that there is confusion over which "guy shooting 2 bad guys" incident we're talking about.
Link Posted: 11/27/2007 6:57:48 AM EDT
[#46]

Quoted:

Quoted:
I just heard on Dallas 570 AM there would be no charges filed against the guy who whacked the burglars. That report stated they were on his property and lunged at him with weapons. I love this state.



The case still has to go to a Harris County Grand Jury, but I do think he's going to be okay on this one.

I sent him a "Thank You" card for his service to the community.  

CMOS


What are you talking about? IF he was in fact "No Billed", that IS from a Grand Jury.

I myself will wait until I actually see it in writing before declaring a win for our side.
Link Posted: 11/27/2007 7:03:05 AM EDT
[#47]
Wow, I'm surprised. I guess it was Texas though...

Good for him. I certainly think he made some major mistakes, such as remaining on the phone with dispatcher so long and explaining his intentions at length. And we could debate all day long about the value of life (even of criminals) vs. the value of your neighbor's property. BUT at the end of the day the world is a better place without two thieving bastards, and no one innocent was hurt, so he did good.

Plus he gave good ammo (no pun intended) to the whole "shotgun is a horrible self defense weapon" debate.
Link Posted: 11/27/2007 7:03:45 AM EDT
[#48]
Great news.   In the good states, a no-bill is common within a few days for a justifiable shoot.
Link Posted: 11/27/2007 7:03:47 AM EDT
[#49]

Quoted:

Quoted:

Quoted:
Now we take bets on the civil suit.


Not in Texas


Here's an example where a little knowledge is a dangerous thing.  The change in law everyone is referring to that provides "immunity" to a civil suit can be found in:


Ah, I take it back!

Texas hasn't updated their online statutes.  SB378 passed and is effective.  It reads:


Sec. 83.001.  CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A defendant who uses force or deadly force that is justified under Chapter 9. Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.


I stand corrected!

Our hero skates in civil court too, I suspect!


Link Posted: 11/27/2007 7:10:36 AM EDT
[#50]

Quoted:
Wow, cool!

Don't mess with Texas!


you got that right!!!!
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