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11-30-2021, 02:52 PM
(This post was last modified: 11-30-2021, 02:53 PM by amlex.)
Domestic disputes can be a shite show… this one ends with the estranged husband of a sitting judge shooting the ex-husband of his girlfriend.
Warning: The link includes two unedited videos of the shooting.
https://mobile.twitter.com/RyanChandler9...wsrc%5Etfw
Based on the castle doctrine laws in Texas, this should be a clear cut case of self defense and likely won†t carry any charges.
Can the law — which necessarily requires the use of force — rationally be used for anything except protecting the rights of everyone? … A citizen cannot at the same time be free and not free.
- Frédéric Bastiat, The Law
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I don't know the Castle Doctrine of Texas , But i know in Ohio with a CCW you can't under any circumstance escalate a situation where you discharge your firearm because of that.
he confronted him, Had verbal words with him and fired a shot near his foot before firing and killing him. Those are all actions of escalating.
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(11-30-2021, 03:14 PM)TcSoup Wrote: I don't know the Castle Doctrine of Texas , But i know in Ohio with a CCW you can't under any circumstance escalate a situation where you discharge your firearm because of that.
he confronted him, Had verbal words with him and fired a shot near his foot before firing and killing him. Those are all actions of escalating.
Huntsville...
DC is a symptom, not the cause. The cause is basic voter stupidity and economic ignorance.
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This dude is going to prison
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I cant believe how calm everyone was while a man lays there dying. It was just like another Tuesday for them. Weird.
Self defense or murder? Hmm... another case, like Ala says, of idiot meeting stupid.
I lean to self defense since the man kept coming after him. Maybe manslaughter?
Ultimately the victim never thought the guy would pull the trigger and he was wrong.
Real loser is the son, who is now screwed up the rest of his life.
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11-30-2021, 04:40 PM
(This post was last modified: 11-30-2021, 04:40 PM by wydileie.)
I don't see this as self defense.
1. He went inside and got a gun when, IMO, the now-deceased guy had a legal right to be there. I think the court would agree with that. Therefore, castle doctrine shouldn't apply.
2. He shot a warning shot, which you are not allowed to do, and normally counts as provocation.
3. When the actual shooting happened, he backed up several feet, with the now-deceased guy not following him or threatening him. He squared up and shot him twice.
I would charge the guy with 2nd degree, and the ex-wife with an accessory charge.
The fact everyone was so calm after the fact is horribly troubling and makes me think this was conspiracy to commit murder, although that would be difficult to prove. The ex-wife didn't tell him his kid wasn't there (when he was legally supposed to be), combined with the guy going inside to get the gun in a seemingly completely unnecessary situation, and that he was so quick to shoot him, really seems like they had contrived this scenario to kill the ex-husband.
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(11-30-2021, 04:40 PM)wydileie Wrote: I don't see this as self defense.
1. He went inside and got a gun when, IMO, the now-deceased guy had a legal right to be there. I think the court would agree with that. Therefore, castle doctrine shouldn't apply.
2. He shot a warning shot, which you are not allowed to do, and normally counts as provocation.
3. When the actual shooting happened, he backed up several feet, with the now-deceased guy not following him or threatening him. He squared up and shot him twice.
I would charge the guy with 2nd degree, and the ex-wife with an accessory charge.
The fact everyone was so calm after the fact is horribly troubling and makes me think this was conspiracy to commit murder, although that would be difficult to prove. The ex-wife didn't tell him his kid wasn't there (when he was legally supposed to be), combined with the guy going inside to get the gun in a seemingly completely unnecessary situation, and that he was so quick to shoot him, really seems like they had contrived this scenario to kill the ex-husband.
I don't know all the legalize, but I would struggle to call that self-defense. The guy never verbally threatened anyone nor touched them with hostile intent. Reading some laymen's material, gives the impression the person is required to have entered your premises. Premises such as home or car. Â
I am astonished the guy is laying there dying and everyone continues to argue. kind of like 3rdgensooner does with every argument.
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11-30-2021, 04:57 PM
(This post was last modified: 11-30-2021, 04:58 PM by Syncro.)
Isnâ€t there already a long thread about this here?
Yes.
It shouldâ€ve never happened, but once the dead guy put his hand on the PCC it became a ‘mutual possession†situation…and that changes the legality of the shoot.
The whole thing is a sad sh*tshow but I doubt he gets convicted of anything serious.
Beyond that, there is some legal precedent to protect the shooter in defending his patio/porch. Castle doctrine extends beyond the walls of a house
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Looks to me like the woman carried out a successful plan to have the new guy eliminate her ex.
"Hightop can reduce an entire message board of men to mudsharks. It's actually pretty funny to watch."
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(11-30-2021, 04:57 PM)Syncro Wrote: Isnâ€t there already a long thread about this here?
Yes.
It shouldâ€ve never happened, but once the dead guy put his hand on the PCC it became a ‘mutual possession†situation…and that changes the legality of the shoot.
The whole thing is a sad sh*tshow but I doubt he gets convicted of anything serious.
Beyond that, there is some legal precedent to protect the shooter in defending his patio/porch. Castle doctrine extends beyond the walls of a house But he no longer was in physical contact with the guy with the gun (or even in really close proximity) when he was shot. He also only tried to grab the gun after a warning shot was made, which is provocation.
I also disagree castle doctrine applies because the guy was not trespassing, and was not committing a crime. He was legally there, by court order, to get his kid.
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The length of time mutual possession occurred is irrelevant. The initial contact proves intent. If the guy takes 2 seconds to step back and zip him itâ€s self defense…when combined with the fact that heâ€s on his own property, and after having told him to leave he will probably skate on charges.
Iâ€m all for more legal precedent to shoot people with justification.
This shouldâ€ve never happened, but I have no tears for the dude who got aired out. He f*cked around and found out.
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(11-30-2021, 05:11 PM)Syncro Wrote: The length of time mutual possession occurred is irrelevant. The initial contact proves intent. If the guy takes 2 seconds to step back and zip him itâ€s self defense…when combined with the fact that heâ€s on his own property, and after having told him to leave he will probably skate on charges.
Iâ€m all for more legal precedent to shoot people with justification.
This shouldâ€ve never happened, but I have no tears for the dude who got aired out. He f*cked around and found out.
Two policemen I know scoff at this being self-defense.
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