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Posted: 12/2/2021 3:02:32 PM EDT
[#1]
Quote HistoryQuoted: WTF is a Branca? |
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Posted: 12/2/2021 3:07:44 PM EDT
[#2]
Quote HistoryQuoted: Black shirt ex wife is a judge (most ex wife's don't help you out when you are the one who dumped them). All that the state does is bring in another judge from a different county to preside over the case. It isn't a big deal. It would be Black shirt's motion to move the case to a different county. Lubbock PD will be involved if there is a trial because they were the original investigator and report writers. Anything the state investigators do isn't original source material. They will just validate the existing reports to insure accuracy and if there is sufficient evidence to bring it in front of a grand jury. iirc, black shirt is still married to that judge and was cheating her |
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Posted: 12/2/2021 10:17:16 PM EDT
[#3]
Quote HistoryQuoted: In case there was any doubt you didn't read the thread. Quote HistoryQuoted: Quoted: WTF is a Branca? I never said that I read the thread. I only watched the same videos that everyone else watched. But I did read your recap of Brancas personal opinion. Just like every other post here, it makes some pretty great leaps and assumptions to get to a very specific conclusion. |
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Posted: 12/2/2021 10:28:22 PM EDT
[#4]
Branca gets it wrong because he doesn't read TX definition of a burglary close enough. By coming on the porch Chad legally is in the act of committing a burglary. Use of deadly force is legal in TX to immediately stop a burglary. Chad dies on the porch, still committing the burglary.
Kyle will walk. |
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Posted: 12/2/2021 10:29:12 PM EDT
[#5]
Quote HistoryQuoted: Every LTC class says otherwise. Hell even Law Shield covers warning shots under their three myths of self defense in TX and says they are a no go. Now I have no idea how this case will go but warning shots are not a thing you should do. Fear and Hearsay are more digestible to those that don't have time read and arm themselves with knowledge which esplains why Texas LTC instructors are hell bent on shilling it: Firearms instructors clash over whether Texans should be able to carry handguns without license |
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Posted: 12/2/2021 10:37:13 PM EDT
[#6]
Quote HistoryQuoted: Branca gets it wrong because he doesn't read TX definition of a burglary close enough. By coming on the porch Chad legally is in the act of committing a burglary. Use of deadly force is legal in TX to immediately stop a burglary. Chad dies on the porch, still committing the burglary. Kyle will walk. *As far as he can see in the video. If their was any further 'activity\gesture' it would be justified. |
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Posted: 12/2/2021 10:38:01 PM EDT
[#7]
Quote HistoryQuoted: iirc, black shirt is still married to that judge and was cheating her Their divorce was finalized 2 days after the shooting if I recall correctly. |
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Posted: 12/2/2021 10:40:19 PM EDT
[#8]
Quote HistoryQuoted: Branca gets it wrong because he doesn't read TX definition of a burglary close enough. By coming on the porch Chad legally is in the act of committing a burglary. Use of deadly force is legal in TX to immediately stop a burglary. Chad dies on the porch, still committing the burglary. Kyle will walk. Only Texas would have that dumb ass view of what a burglary is |
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Posted: 12/2/2021 10:45:21 PM EDT
[#9]
Quote HistoryQuoted: Only Texas would have that dumb ass view of what a burglary is |
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Posted: 12/2/2021 11:05:50 PM EDT
[#10]
Quote HistoryQuoted: Branca gets it wrong because he doesn't read TX definition of a burglary close enough. By coming on the porch Chad legally is in the act of committing a burglary. Use of deadly force is legal in TX to immediately stop a burglary. Chad dies on the porch, still committing the burglary. Kyle will walk. Does a non enclosed porch count as entering the building? Building is defined as an enclosed structure in the statute. |
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Posted: 12/2/2021 11:12:35 PM EDT
[#11]
Quote HistoryQuoted: Any structure attached to the house combined with an assault meets the definition of a burglary in TX. Chest bumping on the porch makes it burglary. Quote HistoryQuoted: Quoted: Only Texas would have that dumb ass view of what a burglary is Cite? Because the statute says enclosed. Using that definition of burglary, a driveway could be considered burglary. I seriously doubt the state would consider being in someone’s driveway as entering a structure. |
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Posted: 12/2/2021 11:13:57 PM EDT
[#12]
Quote HistoryQuoted: Any structure attached to the house combined with an assault meets the definition of a burglary in TX. Chest bumping on the porch makes it burglary. Like I said; only Texas would have something that stupid |
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Posted: 12/2/2021 11:14:38 PM EDT
[#13]
Quote HistoryQuoted: Does a non enclosed porch count as entering the building? Building is defined as an enclosed structure in the statute. |
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Posted: 12/2/2021 11:16:30 PM EDT
[#14]
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Posted: 12/2/2021 11:16:39 PM EDT
[#15]
Quote HistoryQuoted: Does a non enclosed porch count as entering the building? Building is defined as an enclosed structure in the statute. Quote HistoryQuoted: Quoted: Branca gets it wrong because he doesn't read TX definition of a burglary close enough. By coming on the porch Chad legally is in the act of committing a burglary. Use of deadly force is legal in TX to immediately stop a burglary. Chad dies on the porch, still committing the burglary. Kyle will walk. Does a non enclosed porch count as entering the building? Building is defined as an enclosed structure in the statute. Sounds similar to MI's Castle Doctrine statute. In MI, if the porch has a roof, it counts, if it doesn't have a roof, it doesn't count. |
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Posted: 12/2/2021 11:22:02 PM EDT
[#16]
Quote History$50m, where do these retard come up with these crazy lawsuit amounts? Kyle should counter-sue. |
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Posted: 12/2/2021 11:25:46 PM EDT
[#17]
Quote HistoryQuoted: $50m, where do these retard come up with these crazy lawsuit amounts? Kyle should counter-sue. Quote HistoryQuoted: $50m, where do these retard come up with these crazy lawsuit amounts? Kyle should counter-sue. For what? It's not the dead guy's fault that his peepee is small. Kharn |
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Posted: 12/2/2021 11:26:00 PM EDT
[#18]
Quote History
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Posted: 12/2/2021 11:31:53 PM EDT
[#19]
Quote HistoryQuoted: Sounds similar to MI's Castle Doctrine statute. In MI, if the porch has a roof, it counts, if it doesn't have a roof, it doesn't count. Quote HistoryQuoted: Quoted: Quoted: Branca gets it wrong because he doesn't read TX definition of a burglary close enough. By coming on the porch Chad legally is in the act of committing a burglary. Use of deadly force is legal in TX to immediately stop a burglary. Chad dies on the porch, still committing the burglary. Kyle will walk. Does a non enclosed porch count as entering the building? Building is defined as an enclosed structure in the statute. Sounds similar to MI's Castle Doctrine statute. In MI, if the porch has a roof, it counts, if it doesn't have a roof, it doesn't count. There’s no roof on that porch. |
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Posted: 12/2/2021 11:32:16 PM EDT
[#20]
Quote HistoryQuoted: wait, so now this happened outside of the ex wife's business and not black shirt's house? Hmmmm; if she was running a business out the house does that mean black shirt dosesnt have the authority to order green shirt to leave (along the lines of what I asked earlier) |
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Posted: 12/2/2021 11:33:08 PM EDT
[#21]
Quote HistoryQuoted: wait, so now this happened outside of the ex wife's business and not black shirt's house? Quote HistoryQuoted: wait, so now this happened outside of the ex wife's business and not black shirt's house? |
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Posted: 12/2/2021 11:39:40 PM EDT
[#22]
 Attached FileTake it with a grain of saltit's just an allegation made by an attorney. It may or may not be true. |
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Posted: 12/2/2021 11:41:09 PM EDT
[#23]
Quote HistoryQuoted: I think section B expands that and includes any attached structure. Quote HistoryQuoted: Quoted: Does a non enclosed porch count as entering the building? Building is defined as an enclosed structure in the statute. This is that curtilage argument that was discussed several times by the various lawyer videos linked. I’m not buying that stepping on an open front porch with no roof or even a railing is entering a building when building is specifically defined as enclosed. Driveways are often poured as part of a house’s slab. I doubt you could claim your driveway is part of the curtilage, and someone is burglarizing your home for walking on it. |
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Posted: 12/2/2021 11:47:32 PM EDT
[#24]
Quote HistoryQuoted: This is that curtilage argument that was discussed several times by the various lawyer videos linked. I'm not buying that stepping on an open front porch with no roof or even a railing is entering a building when building is specifically defined as enclosed. Driveways are often poured as part of a house's slab. I doubt you could claim your driveway is part of the curtilage, and someone is burglarizing your home for walking on it. Quote HistoryQuoted: Quoted: Quoted: Does a non enclosed porch count as entering the building? Building is defined as an enclosed structure in the statute. This is that curtilage argument that was discussed several times by the various lawyer videos linked. I'm not buying that stepping on an open front porch with no roof or even a railing is entering a building when building is specifically defined as enclosed. Driveways are often poured as part of a house's slab. I doubt you could claim your driveway is part of the curtilage, and someone is burglarizing your home for walking on it. (1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: (A) each separately secured or occupied portion of the structure or vehicle; and (B) each structure appurtenant to or connected with the structure or vehicle. (2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. |
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Posted: 12/3/2021 12:03:22 AM EDT
[#25]
Imagine if guy shot was black.
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Posted: 12/3/2021 12:13:11 AM EDT
[#26]
Quote HistoryQuoted: Sec. 30.01. DEFINITIONS. In this chapter: (1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: (A) each separately secured or occupied portion of the structure or vehicle; and (B) each structure appurtenant to or connected with the structure or vehicle. (2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. Quote HistoryQuoted: Quoted: Quoted: Quoted: Does a non enclosed porch count as entering the building? Building is defined as an enclosed structure in the statute. This is that curtilage argument that was discussed several times by the various lawyer videos linked. I'm not buying that stepping on an open front porch with no roof or even a railing is entering a building when building is specifically defined as enclosed. Driveways are often poured as part of a house's slab. I doubt you could claim your driveway is part of the curtilage, and someone is burglarizing your home for walking on it. (1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: (A) each separately secured or occupied portion of the structure or vehicle; and (B) each structure appurtenant to or connected with the structure or vehicle. (2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. Like I said, I read the statute. I think we’re talking sheds, garages, out houses, pool houses, gazebos, etc. The 6 foot open air porch with no roof in front of the house is really stretching the definition to the point of breaking. I found Supreme Court rulings where convictions were vacated based on that kind of definition. Unless you’re going to dig up some case law where people were convicted based on such a definition, I’m not buying it. |
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Posted: 12/3/2021 12:22:42 AM EDT
[#27]
Quote HistoryQuoted: There’s no roof on that porch. Quote HistoryQuoted: Quoted: Quoted: Quoted: Branca gets it wrong because he doesn't read TX definition of a burglary close enough. By coming on the porch Chad legally is in the act of committing a burglary. Use of deadly force is legal in TX to immediately stop a burglary. Chad dies on the porch, still committing the burglary. Kyle will walk. Does a non enclosed porch count as entering the building? Building is defined as an enclosed structure in the statute. Sounds similar to MI's Castle Doctrine statute. In MI, if the porch has a roof, it counts, if it doesn't have a roof, it doesn't count. There’s no roof on that porch. Yep. |
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Posted: 12/3/2021 12:42:29 AM EDT
[#28]
Quote HistoryQuoted: In case there was any doubt you didn't read the thread. I have read most posts and "Branca" means nothing to me. |
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Posted: 12/3/2021 12:46:56 AM EDT
[#29]
Quote HistoryQuoted: Any structure attached to the house combined with an assault meets the definition of a burglary in TX. Chest bumping on the porch makes it burglary. I hope this ends soon. What nonsensical laws. Chad grabbed his crotch after the gun swing (defensive maneuver). That justifies killing him. |
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Posted: 12/3/2021 12:49:57 AM EDT
[#30]
Quote History"Jennifer Marie Read filed the lawsuit saying she and Chad went to his ex-wife’s place of business in an attempt to find the whereabouts of Chad’s youngest son, the lawsuit said." Interesting if true. |
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Posted: 12/3/2021 12:53:35 AM EDT
[#31]
I'm just throwing this out there. I'm guessing that these two knew each other and obviously do not get along.
Is it possible that even if he is now trespassing, going inside to retrieve a firearm when no deadly (or bodily harm) force is shown could be intent to commit murder? Things did not escalate until the firearm was brought into the scene. |
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Posted: 12/3/2021 12:57:20 AM EDT
[#32]
Quote HistoryQuoted: There's no roof on that porch. Quote HistoryQuoted: Quoted: Quoted: Quoted: Branca gets it wrong because he doesn't read TX definition of a burglary close enough. By coming on the porch Chad legally is in the act of committing a burglary. Use of deadly force is legal in TX to immediately stop a burglary. Chad dies on the porch, still committing the burglary. Kyle will walk. Does a non enclosed porch count as entering the building? Building is defined as an enclosed structure in the statute. Sounds similar to MI's Castle Doctrine statute. In MI, if the porch has a roof, it counts, if it doesn't have a roof, it doesn't count. There's no roof on that porch. It's also not in MI. Half the porch is covered by roof. There is also a brick patio. Case law or sets it. |
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Posted: 12/3/2021 4:42:21 AM EDT
[#33]
Quote HistoryQuoted: "Jennifer Marie Read filed the lawsuit saying she and Chad went to his ex-wife’s place of business in an attempt to find the whereabouts of Chad’s youngest son, the lawsuit said." Interesting if true. I think it means Chad's whore ex-wife worked for Kyle. |
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Posted: 12/3/2021 5:24:54 AM EDT
[#34]
Quote HistoryQuoted: I'm just throwing this out there. I'm guessing that these two knew each other and obviously do not get along. Is it possible that even if he is now trespassing, going inside to retrieve a firearm when no deadly (or bodily harm) force is shown could be intent to commit murder? Things did not escalate until the firearm was brought into the scene. Sure, anything could be argued as showing intent. See Binger in the Rittenhouse trial. |
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Posted: 12/3/2021 5:51:47 AM EDT
[#35]
...
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Posted: 12/3/2021 5:57:36 AM EDT
[#36]
Quote HistoryQuoted: In Texas your front porch is, apparently, the same as your bedroom according to law. So the shooter might get off. I believe that the reason the Lubbock DA punted to the Texas AG was because of the political fall out of ruling Black shirt guy was within his rights to cap Green shirt guy. |
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Posted: 12/3/2021 8:11:03 AM EDT
[#37]
Quote HistoryQuoted: It's also not in MI. Half the porch is covered by roof. There is also a brick patio. Case law or sets it. Quote HistoryQuoted: Quoted: Quoted: Quoted: Quoted: Branca gets it wrong because he doesn't read TX definition of a burglary close enough. By coming on the porch Chad legally is in the act of committing a burglary. Use of deadly force is legal in TX to immediately stop a burglary. Chad dies on the porch, still committing the burglary. Kyle will walk. Does a non enclosed porch count as entering the building? Building is defined as an enclosed structure in the statute. Sounds similar to MI's Castle Doctrine statute. In MI, if the porch has a roof, it counts, if it doesn't have a roof, it doesn't count. There's no roof on that porch. It's also not in MI. Half the porch is covered by roof. There is also a brick patio. Case law or sets it. Unless someone can produce some case law that a half covered unenclosed porch is considered inside the habitation, I don’t believe it. Texas just passed a law in 2019 that made stealing packages off people’s porches a state crime instead of mail theft. According to everyone with the burglary theory, cops could have been prosecuting porch pirates under the burglary statute. Instead, they couldn’t do anything and punted it to the feds, which meant package theft wasn’t really punished at all. |
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Posted: 12/3/2021 8:13:07 AM EDT
[#38]
Quote HistoryQuoted: I think it means Chad's whore ex-wife worked for Kyle. Quote HistoryQuoted: Quoted: "Jennifer Marie Read filed the lawsuit saying she and Chad went to his ex-wife's place of business in an attempt to find the whereabouts of Chad's youngest son, the lawsuit said." Interesting if true. I think it means Chad's whore ex-wife worked for Kyle.  Attached File |
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Posted: 12/3/2021 8:55:31 AM EDT
[#39]
Quote HistoryQuoted: I believe that the reason the Lubbock DA punted to the Texas AG was because of the political fall out of ruling Black shirt guy was within his rights to cap Green shirt guy. DA punted because Black shirt’s ex wife is a State Judge in Lubbuck. He was married to her when he shot Green shirt |
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Posted: 12/3/2021 9:05:36 AM EDT
[#40]
Quote HistoryQuoted: I doubt it will happen in Lubbock. With Black Shirt's wife being a judge, and the state taking everything over; look for a significant change in venue. Locals are all out of this. States investigation, state prosecutor (think Austin), Grand Jury (Austin !!!!!, that would be bad for Black Shirt) Quote HistoryQuoted: Quoted: The case will still potentially go to a grand jury in Lubbock, and if goes to trial it will be in Lubbock, TX 0.0% chance of conviction IMHO. Now ya'll can jump in and tell me why my opinion is wrong and ya'lls are right I doubt it will happen in Lubbock. With Black Shirt's wife being a judge, and the state taking everything over; look for a significant change in venue. Locals are all out of this. States investigation, state prosecutor (think Austin), Grand Jury (Austin !!!!!, that would be bad for Black Shirt) 0.0% chance of that. Trying a crime 300 miles away isn't a thing |
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Posted: 12/3/2021 9:06:33 AM EDT
[#41]
Quote HistoryQuoted: You keep saying this without thinking through the fact that the State AG has this whole case now. Lubbock no longer matters here. No Lubbock PD, No Lubbock Prosecutor, likely no Lubbock GJ. The decisions will be made In Austin for reasons that make sense in Austin. Quote HistoryQuoted: Quoted: That's literally maybe the worst example possible to use. Luckily ya'lls opinions matter as much as mine. Citizens in Lubbock Texas will decide this, and yes I know them better than anyone posting in this thread. You keep saying this without thinking through the fact that the State AG has this whole case now. Lubbock no longer matters here. No Lubbock PD, No Lubbock Prosecutor, likely no Lubbock GJ. The decisions will be made In Austin for reasons that make sense in Austin. Trial will be in Lubbock unless the defendant cannot receive a fair jury trial there. |
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Posted: 12/3/2021 9:08:07 AM EDT
[#42]
Quote HistoryQuoted: I’d be curious to know the make up of people who are one other side of the discussion as to their experience in deadly force confrontations or gunfights. The shooter was never in jeopardy in my opinion….which is based of actual experience. I believe manslaughter at a minimum is appropriate if not second degree murder. Being stupid is not justification for killing someone. If it were the USA would have a population of right around 900k……China would have thousands of residents and the Middle East would be a barren wasteland. He intentionally shot him, in TX its murder or justified murder (self defense) |
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Posted: 12/3/2021 9:12:11 AM EDT
[#43]
Quote HistoryQuoted: That was a warning shot. I am not sure why so many posters are changing the event to defend the guy in the black shirt. Quote HistoryQuoted: Quoted: Quoted: I googled warning shots in Texas and I found many lawyers saying they are illegal, and that was definitely a warning shot. You either need to use deadly force or you don’t. Shooting at someone and missing hitting them is deadly force also. That was a warning shot. I am not sure why so many posters are changing the event to defend the guy in the black shirt. Show me the penal code for warning shot |
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Posted: 12/3/2021 9:18:43 AM EDT
[#44]
Quote HistoryQuoted: I'm just throwing this out there. I'm guessing that these two knew each other and obviously do not get along. Is it possible that even if he is now trespassing, going inside to retrieve a firearm when no deadly (or bodily harm) force is shown could be intent to commit murder? Things did not escalate until the firearm was brought into the scene. Having a gun does not prove intent. You can open carry any gun on your own property |
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Posted: 12/3/2021 9:20:44 AM EDT
[#45]
Quote HistoryQuoted: I believe that the reason the Lubbock DA punted to the Texas AG was because of the political fall out of ruling Black shirt guy was within his rights to cap Green shirt guy. Quote HistoryQuoted: Quoted: In Texas your front porch is, apparently, the same as your bedroom according to law. So the shooter might get off. I believe that the reason the Lubbock DA punted to the Texas AG was because of the political fall out of ruling Black shirt guy was within his rights to cap Green shirt guy. Nope. They recused themselves as their colleague would be called to testify and that's a reason to let another district Court deal with it |
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Posted: 12/3/2021 9:22:30 AM EDT
[#46]
Quote HistoryQuoted: Show me the penal code for warning shot Dude, lawyers say not to do it and ccw instructors also. Doesn't have to be in the penal code. |
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Posted: 12/3/2021 9:28:46 AM EDT
[#47]
Quote HistoryQuoted: Show me the penal code for warning shot Quote HistoryQuoted: Quoted: Quoted: Quoted: I googled warning shots in Texas and I found many lawyers saying they are illegal, and that was definitely a warning shot. You either need to use deadly force or you don’t. Shooting at someone and missing hitting them is deadly force also. That was a warning shot. I am not sure why so many posters are changing the event to defend the guy in the black shirt. Show me the penal code for warning shot Penal code? People are arguing it was a miss. It wasn’t, it was a warning shot. Lots of people here are misrepresenting the events that are clearly shown in the videos. |
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Posted: 12/3/2021 9:28:49 AM EDT
[#48]
Quote HistoryQuoted: Having a gun does not prove intent. You can open carry any gun on your own property Geez; the mental gymnastics |
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Posted: 12/3/2021 9:31:40 AM EDT
[#49]
Quote HistoryQuoted: Dude, lawyers say not to do it and ccw instructors also. Doesn't have to be in the penal code. Quote HistoryQuoted: Quoted: Show me the penal code for warning shot Dude, lawyers say not to do it and ccw instructors also. Doesn't have to be in the penal code. Except black shirt was attacked by green shirt and lethal force was legal for self defense at that instance. The fact the shot he fired missed does not make that shot meet the defination of a "warning shot". 
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Posted: 12/3/2021 9:32:07 AM EDT
[#50]
Quote HistoryQuoted: Dude, lawyers say not to do it and ccw instructors also. Doesn't have to be in the penal code. Quote HistoryQuoted: Quoted: Show me the penal code for warning shot Dude, lawyers say not to do it and ccw instructors also. Doesn't have to be in the penal code. Sorry I'm new to guns 
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