Legal shooting or not.

[philip964]

https://www.nbcnews.com/news/us-news/ma ... -rcna81956

So this was in mean streets of Houston. I thought it was cut and dry murder one.

But, a coworker was very sure it was with in Texas law to shoot and kill a fake parking attendant for fraudulently getting you to give him $40 to park in a lot and then when you find out inside the restaurant that parking was free, you leave your date inside, come out get your gun out of the car and confront the fake parking attendant about your money and he turns and runs away you back shoot him, put the gun back in the car and resume your date inside the restaurant.

It was at night. Not sure if he retrieved his cash from the dead man’s pocket.

To me it was a civil matter after you voluntarily turned over the money to the man. Can’t shoot someone over a civil matter.

Can’t say it’s self defense if you’re the one with the gun and the man runs away.

Supposedly a number of gun defense layers have said he was within his rights. I’ll see if I can find those.

If this was Austin I’m thinking the DA would want the death penalty. Going and getting your gun sounds like premeditation to me.

Uh oh out on parole. Not looking good.

My co worker also said there would be jury nullification.

His date turned him in.

[srothstein]

Technically, it was not a civil matter. Taking money from a person without their effective consent is theft under PC 31.03. Section 31.01 defines effective consent and specifically says that it is not consent if the permission was induced by fraud. Section 31.02 says that the charge of theft includes a bunch of other previously separate charges including theft by false pretext and swindling.

So it was theft. Chapter 9 allows deadly force to prevent the other from fleeing with the property after a theft at night. So it might be justified, but (and with the law there is always a but) the main question left is was it reasonable. He had to reasonably believe that the force was necessary to prevent the other from fleeing and that there was no other way to stop him.

I think that is going to be a hard row to hoe for the shooter. I have not heard anything about the shooter being on parole but that means he was a felon in possession of a firearm, which will get him put away even if the shooting is thought to be justified.

I think your coworker might be right about the increasing use of jury nullification in self defense cases, but I doubt it will happen in this case. The shooting just isn't going to be seen as a reasonable person from the circumstances. Going back in to eat and then leaving to eat somewhere else will hurt that case. A reasonable man who was in the right would have stayed there for the police (I think the jury will believe that).

[PriestTheRunner]

Theft at night with unlikelyhood of retrieving property will get him off of the murder charge....

Felon in possession (if true) will still land him in jail for the max sentence. I believe that is a 5 year min 20 year max now, but it depends on how the code is read and whether there is an increase due to the killing.

If this guy is white, this is also going to be an insane and Nationwide-reported court case.

[RoyGBiv]

$40 will be an expensive lesson for both of them.

One dead. The other suffering the many consequences.

#lessoninwhatnottodo

[OneGun]

$40 is not enough money to risk the legal expenses associated with defending myself from possible criminal charges. The cost/benefit analysis does not favor shooting an unarmed thief.

[C-dub]

Only $40 was stolen through fraud. Not the vehicle. The shooter went to the vehicle to retrieve the gun then shot someone running away that was no threat.

Dude’s going away for this one. I can’t see how he could get out of a murder conviction, but then I never thought that Army guy driving an Uber would be convicted either, so who knows?

[03Lightningrocks]

I have no intention of killing any human being over 40 bucks. Even if the scumbag deserves to die. That is Gods job to decide, not mine. Now if said scumbag threatens me with a weapon, he is going to be shot.

[philip964]

https://www.nbcmiami.com/news/local/lau ... o/3027015/

This one is pretty easy to decide. Walmart employee shoots and kills customer. He fired 10 times.

Cautionary tale.

[03Lightningrocks]

BLM

[RPBrown]

I have no intention of killing any human being over 40 bucks. Even if the scumbag deserves to die. That is Gods job to decide, not mine. Now if said scumbag threatens me with a weapon, he is going to be shot.