Would you kill a man who's robbing you? (long)

nef · #1 12-19-2005, 06:57 PM

[ QUOTE ]
in texas i think you may have been charged. there was a somewhat similiar case here in austin about 10 years ago and the woman was convicted (although i forget the exact offense).

[/ QUOTE ]

I don't remember Big Steve's case, but the requirements for using deadly force in Texas are about as favorable to the victim as any state. It is legal to use deadly force to prevent theft as well as bodily harm, and if someone is in your home. In other words, you can shoot people who need shootin'. I paraphrase below.

Deadly Force- It is a defense to prosecution that the conduct in question is justified under this chapter.

* § 9.21. Public Duty.
* § 9.22. Necessity.
* § 9.31. Self-Defense.
* § 9.32. Deadly Force In Defense Of Person.
* 9.33. Defense Of Third Person.
* § 9.34. Protection Of Life Or Health.
* § 9.41. Protection Of One's Own Property.
* § 9.42. Deadly Force To Protect Property.
* § 9.43. Protection Of Third Person's Property.
* § 9.44. Use Of Device To Protect Property

http://www.capitol.state.tx.us/statutes/pe.toc.htm

As a response to the OP, yes I would shoot someone who threatened me with a knife in my bedroom unless he surrendered immediately upon seeing my gun. Once the guy leaves, [censored] it, I grab my gun and make sure he left. Im not leaving my house to chase a criminal and I'm not shooting anyone running away with my stuff.

Bottom line, shooting a guy who is robbing you in your room at knifepoint is a good shoot. Be happy it didn't escalate and this guy wasn't psycho. Shooting someone to defend yourself will probably ruin your life, at least financially, possibly psychologically as well. Expect to get sued civilly and possibly prosecuted. If you do have a gun in your room for a situation like this, know your laws, and get some training.

Also, all of this shooting to wound / warning shots is hollywood crap.

Blarg · #2 12-19-2005, 07:38 PM

Expect to be visited by the gun wielding scumbag friends and relatives of the scumbag. This will happen when the police have already confiscated your gun. This is why it's good to have a second gun that you are also very familiar with if you have a first. Expect vandalism, threats, etc. (This according to Masaad Ayoob, who often writes of such scenarios from his experience as a law enforcement officer and professional witness in court cases.) If I were a renter, I would give my notice and move as soon as possible.

Regarding shooting in defense of one's property, I don't think that's legal in every state.

nef · #3 12-19-2005, 07:44 PM

[ QUOTE ]

Regarding shooting in defense of one's property, I don't think that's legal in every state.

[/ QUOTE ]

Yes, I worded that poorly. I meant Texas has *more* favorable laws than about any state.

bwana devil · #4 12-20-2005, 12:19 AM

good research nef. appreciate the work.

the issue i raised in bigsteve's case though is he left the house and went outside to see what the noise was. someone was in his exterior garage and he shot him there. i believe steve was standing out completely outside the garage also but i may be mistaken on that.

had steve been in texas and the person walked into the house, steve could have shot him no problem. the sticky situation arises that steve left his house w/ gun in hand to investigate the noise.

ill explain the other case i mentioned in a bit. multi tabling right now.

bwana

bwana devil · #5 12-20-2005, 01:08 AM

the local story i know of happened about 12 years ago in austin. woman lived in europe and had a stalker there. she went to grad school at the U of Texas and the guy moved to Austin to follow her. she had a restraining order w/ the austin police against him i believe.

one night she heard something outside her apartment window and she went outside w/ gun in hand to investigate. it was this guy hiding in her bushes. she shot and killed him. she was charged and convicted of the killing. dont remember what degree she was charged w/.

bwana