I do understand the information you posted, and having taken one of Mr. Cotton's seminars many years ago, I already knew some of it. It just seems that a lot of definitions of things are out-of-date, or at least not taking current conditions into account. I'm not talking about two 1970s "good ol' boys" in a classic "barrroom brawl" after a few too many at the ol' beerjoint, nor two Victorian gentlemen settling a disagreement via fisticuffs and Marquess of Queensbury Rules. I'm talking about ruthless modern bad guys, many of whom are drugged up on who knows what all substances, trying to beat someone to death for "disrespecting them", or similar. I am certain that if a person knew where to look, they could find multiple instances of people being severely injured, or killed, by a single punch or kick. Again, I will state that no one should have to put up with someone attempting to beat them, and I simply feel that it is unreasonable to expect that. On the other hand, I do everything I can to avoid situations where that sort of thing becomes more likely to occur...but no one can avoid all trouble forever.srothstein wrote: ↑Sun Nov 28, 2021 11:05 pmIf it helps, here is the definition of serious bodily injury from the Penal Code Section 1.07(a)(46):K.Mooneyham wrote: ↑Sun Nov 28, 2021 8:26 pm In reply to "MikeS", please define the term "butt whooping". I am curious where the line is drawn and how beaten someone has to be before it's not just a "butt whooping". How injured does someone have to be before it becomes "serious bodily injury"? Why should anyone have to put up with having someone else attempt to beat them? I'm an aircraft mechanic, and not a weakling per se, but I'm also no longer a young man. Additionally, I don't have any particular hand-to-hand fighting skills, such as tae kwando, krav maga, or kung fu. How am I to know if someone assailing me does have those skills, before it might be too late? To paraphrase that famous John Wayne character, I don't put my hands on anyone else and I shouldn't have to put up with anyone else doing that to me.The way I was taught, permanent disfigurement means a scar or worse. Protracted loss or impairment of any bodily member or organ means a broken bone, a sprain, or similar injury. A big portion of the problem with this definition is that a lot of it depends what the DA will accept for it. In Bexar county, it was how I said above (at least while I was on the PD there). In Caldwell county, a lot more rural and conservative, the general rule was if it required medical treatment in the ER. Calling EMS was not enough but if they transported it was.(46) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
As to your question about the other person's skills, the answer is going to rely on common sense, unfortunately. There is a legal concept the courts have used called a disparity of force. For example, a 120 lb, 5'2" female can expect more injury and use more force against a 200 lb, 6'1" young male. Same for someone like me (a 65 year old in poor shape and with sever arthritis in multiple joints) against the 20 year old man who lifts weights and works out. In both cases, the opposite holds. The young fit male cannot escalate if fighting me or the small female.
I think Mr. Branca is correct when he says that the overriding legal theory is reasonableness. Is your behavior reasonable to the average person IF he was in that situation knowing what you knew then.
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Return to “TX: Lubbock potential self defense death occurs”
- Mon Nov 29, 2021 1:29 am
- Forum: The Crime Blotter
- Topic: TX: Lubbock potential self defense death occurs
- Replies: 64
- Views: 26608
Re: TX: Lubbock potential self defense death occurs
- Sun Nov 28, 2021 8:26 pm
- Forum: The Crime Blotter
- Topic: TX: Lubbock potential self defense death occurs
- Replies: 64
- Views: 26608
Re: TX: Lubbock potential self defense death occurs
In reply to "MikeS", please define the term "butt whooping". I am curious where the line is drawn and how beaten someone has to be before it's not just a "butt whooping". How injured does someone have to be before it becomes "serious bodily injury"? Why should anyone have to put up with having someone else attempt to beat them? I'm an aircraft mechanic, and not a weakling per se, but I'm also no longer a young man. Additionally, I don't have any particular hand-to-hand fighting skills, such as tae kwando, krav maga, or kung fu. How am I to know if someone assailing me does have those skills, before it might be too late? To paraphrase that famous John Wayne character, I don't put my hands on anyone else and I shouldn't have to put up with anyone else doing that to me.
- Fri Nov 26, 2021 9:09 pm
- Forum: The Crime Blotter
- Topic: TX: Lubbock potential self defense death occurs
- Replies: 64
- Views: 26608
Re: TX: Lubbock potential self defense death occurs
03Lightningrocks wrote: ↑Fri Nov 26, 2021 7:32 pmThat is a whole lot of assumption based off that one video. I will wait to see what shakes out before making my summation. As far as 2nd amendment proponents go, a kid shooting his cousin with a nerf dart gun will set them off. Personally, I'm not the type to whip out a gun to try and scare someone off so I start off thinking that was a bad move. I don't know if he did it because he was a coward or if he knows something about the guy he shot that we don't know yet. Who knows what kind of scary stories he has sat up late at night being told by the ex. We just don't know any of the details yet. I am as opinionated as you appear to be so I will spout mine off as soon as I get more details.Texas_Blaze wrote: ↑Fri Nov 26, 2021 6:25 pmA man, father and husband is dead, murdered by a coward that needed a gun to summon his courage. This is not exciting nor entertainment and only brings negative attention to 2A proponents.
You sort of covered what I was going to say. I'll add that thankfully, I've only been married to one woman for the majority of my adult life. Our kids were ours alone, and grown and moved off with their own lives. I have seen plenty of bad relationship and custody situations while in the USAF though, among those who served with me. There are a lot of details unknown here, and some that are muddy despite the news stories. Even though I've read a couple of news reports, I'm not even sure where the kid in question was at. There in the home, at someone else's home, or somewhere else entirely? I agree that we don't know the entire back story on this. We don't know if the biological dad was a good guy pushed too far, or a real cretin who was looking to cause trouble. We don't know if the boyfriend was a good guy genuinely worried, or a "tough guy" type. We don't know if the mom set up the situation to provoke a confrontation or not. Yes, sir, too many unknowns and variables to make a solid call on this one. There are many good reasons that police officers don't like going to domestic calls.