FLAL1A, you are absolutely correct: Anytime someone gets run over or plugged, there is a LOT of splin'in to do Lucy!
a. It is defcon 1- launching nukes & Defcon 2, cocked & unlocked, bobmbers holding at failsafe:)
b. Criminal aspect: Officer, I didn't mean to run over the bro, he just jumped out in front of me. At this time, the cops are taking him to the hospital and then it will be on to the jail for outstanding warrants. His homies will have already been taken down for the same if they weren't shot by then for pressing the issue.
c. I have seen lots of pedestrian cases tried in Houston and MOST of them result in the jury finding no defendant negligence- the juries basically say that the stupid fucking pedestrian should not have stepped out in front of a moving car. I swear, it is scary to be aq plaintiff in Harris county.
d. The standard is would a reasonable person feel that his life was threatened? Probably- 4 brothers, in a bad neighborhood, moving from the shadows, into the intersection and blocking a lone car traveling down the street and positioning themselves in what was obviously a military encirclement maneuver?
Two relevant Texas Statutes:
§ 9.31. Self-Defense
(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force.
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;
(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);
(3) if the actor consented to the exact force used or attempted by the other;
(4) if the actor provoked the other's use or attempted use of unlawful force, unless:
(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts to use unlawful force against the actor; or
(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
(A) carrying a weapon in violation of Section 46.02; or
(B) possessing or transporting a weapon in violation of Section 46.05.
(c) The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.
§ 9.32. Deadly Force in Defense of Person
(a) A person is justified in using deadly force against another:
(1) if he would be justified in using force against the other under Section 9.31;
(2) if a reasonable person in the actor's situation would not have retreated; and
(3) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to protect 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 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.