Nope, he dropped the gun.KBCraig wrote:I doubt it.txinvestigator wrote:In Texas that would guarantee Cegon a trip to the Pen.
The BG was on the floor with the pistol he was carrying when he broke into the home and smashed down the bedroom door; he was alive and alert enough to speak, and could certainly be perceived as a continued threat.
Cegon said "I didn't want him to get up again." I wouldn't either. His very recent history demonstrated his intent and ability to kill everyone in the house. Were it me, I'd do as Cegon did: shoot until he was completely incapacitated.
I'd be very surprised if 99% of Texas DAs would push for an indictment in an identical shooting. I'd be even more surprised if a jury would convict. If there's ever been a clear case of "He needed killin', yer honor!", this was it.
Kevin
Deadly force is NOT justified base don what someone "might" do in some future encounter.A loaded gun fell from his hand.
Do the words 'immediately necessery" ring a bell?
The guy was shot, laying on the floor, with no weapon. He even had time to speak. Cegon executed him with a coup de grace.
"he needed killin" is not a justification. The criminal justice system is in place for a reason, and our laws are to allow us to defend ourselves. It does not allow us to murder people who are evil, done evil things or might come back and do evil things again.
Were I a DA I would ask for an indictment. I imagine most DA's would follow the law and do the same.