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by Charles L. Cotton
Thu Jul 19, 2012 10:56 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Can you shoot someone in the back that turns there back to y
Replies: 53
Views: 17085

Re: Can you shoot someone in the back that turns there back

As others have mentioned, Texas law does not address which part of the body can be shot, only when you can shoot. In your scenario, there are two questions that must be answered; 1) has the threat ceased; and 2) in defending yourself, did you do something that will be viewed as "unacceptable" by those who get to evaluate your action (police, prosecutor, grand jury, judge, and jury)?

"Has the threat ceased" can be an incredibly difficult question to answer, especially under these circumstances. Merely turning their back on someone does not mean the threat has ceased. However, as a general statement, society does not approve of shooting people in the back so you better be able to explain your actions in a way that make the people who are evaluating your actions change their mind about what is acceptable and what is not.

The same analysis would hold true if we’re talking about shooting someone multiple times, shooting someone who is 25 or 30 feet away and who is armed only with an edged weapon or an impact weapon (Tueller Principal), or taking any other action that society would not expect to see in a self-defense situation. Obviously, LEO’s and prosecutors will have much more information and knowledge about such events than will the general public. Their testimony to a grand jury will be influential and will help educate these laymen issues that are beyond the common knowledge of the general population. But if it does not go well for the defendant to this point and he or she has been unable to convince more knowledgeable people that their actions were justified, then convincing people on the jury will likely be even more difficult.

Chas.

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