TexasCHLforum.com

A Galveston County grand jury declined to accept charges against a 75-year-old man police accused of pulling a gun on relatives of a pilot who died after his plane crashed.

[The defendant’s] case on June 22 went before a grand jury, which declined to charge the man with aggravated assault with a firearm for medical reasons, Ted Weems, misdemeanor division chief with the Galveston County District Attorney’s Office, said.

[The defendant] said he has Alzheimer’s disease. A doctor submitted a letter to the grand jury detailing [the defendant’s] condition, he said.

What was curious about was how many other cars or news vans were parked in the area and had anyone else tried to park in his driveway.

Did the article say how long after the plane crash that this press conference took place?

boomerang wrote:Isn't it the same time requirement as 30.06?

TxD wrote:Or do you think that the arresting Officer talked with the parties involved, interviewed a few other witnesses, and spoke to his supervisors before he placed Decherd under arrest?

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another ...;
(2) intentionally or knowingly threatens another with imminent bodily injury...; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.

casingpoint wrote:The problem with pulling a gun on somebody without cause and then not using it, is they might pull one on you and use it with the cause you provided.

PC 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force...
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

PC 30.05. (d) An offense under this section is:
(3) a Class A misdemeanor if:
(B) the person carries a deadly weapon during the commission of the offense.

When the couple returned to their truck about 2:50 p.m., a man who was riding a John Deere lawn mower approached [them} and yelled at them to get their truck off his property.

When [the vehicle owner] explained why they had parked there, the man pulled a gun from his shorts.

[The vehicle owner's wife] was in the truck and began honking the horn.

Her husband moved the truck into the road.