if they are running away I will be headed the opposite direction while maintaining cover. Hopefully the cops are in route.Javier730 wrote:Dont shoot if they are fleeing but make sure they are not just running for cover.
Shooting Intruder as they retreat?
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Re: Shooting Intruder as they retreat?
Life is tough, but it's tougher when you're stupid.
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Re: Shooting Intruder as they retreat?
Few years back in very similar scenario, A Dallas father and his son were acquitted of murder under the Texas laws (Castle doctrine). The father went to jail for for another charge, possession of firearms by a felon.Tic Tac wrote:A threat is a threat even if they're moving. However, Texas does not generally authorize deadly force to stop a criminal who is fleeing after their crime, even for heinous crimes.
Here is the story:
http://www.dallasnews.com/news/communit ... s-2976.ece" onclick="window.open(this.href);return false;
Beiruty,
United we stand, dispersed we falter
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United we stand, dispersed we falter
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Re: Shooting Intruder as they retreat?
It is my opinion that once the threat has been removed, the incident should be concidered over, as far as using deadly force is concerned. I know if it were me, I would have not shot. I feel that using that type of force to stop someone who is stealing my mower in the middle of the night, is not going to be worth the hassle of what's to follow. Now if they enter my home and or attack my family, I would use that force which "I" feel is necessary to stop the inturders advancement. Again this is just my opinion...
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Re: Shooting Intruder as they retreat?
Beiruty wrote:Few years back in very similar scenario, A Dallas father and his son were acquitted of murder under the Texas laws (Castle doctrine). The father went to jail for for another charge, possession of firearms by a felon.Tic Tac wrote:A threat is a threat even if they're moving. However, Texas does not generally authorize deadly force to stop a criminal who is fleeing after their crime, even for heinous crimes.
Here is the story:
http://www.dallasnews.com/news/communit ... s-2976.ece" onclick="window.open(this.href);return false;
No one was shot while retreating in that case. How or to what is this case similar?
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Re: Shooting Intruder as they retreat?
2 where shot and killed, as far I remember.jbarn wrote:Beiruty wrote:Few years back in very similar scenario, A Dallas father and his son were acquitted of murder under the Texas laws (Castle doctrine). The father went to jail for for another charge, possession of firearms by a felon.Tic Tac wrote:A threat is a threat even if they're moving. However, Texas does not generally authorize deadly force to stop a criminal who is fleeing after their crime, even for heinous crimes.
Here is the story:
http://www.dallasnews.com/news/communit ... s-2976.ece" onclick="window.open(this.href);return false;
No one was shot while retreating in that case. How or to what is this case similar?
Beiruty,
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United we stand, dispersed we falter
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Re: Shooting Intruder as they retreat?
Beiruty wrote:2 where shot and killed, as far I remember.jbarn wrote:Beiruty wrote:Few years back in very similar scenario, A Dallas father and his son were acquitted of murder under the Texas laws (Castle doctrine). The father went to jail for for another charge, possession of firearms by a felon.Tic Tac wrote:A threat is a threat even if they're moving. However, Texas does not generally authorize deadly force to stop a criminal who is fleeing after their crime, even for heinous crimes.
Here is the story:
http://www.dallasnews.com/news/communit ... s-2976.ece" onclick="window.open(this.href);return false;
No one was shot while retreating in that case. How or to what is this case similar?
I'm sorry, you will have to be more clear for my thick head....
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Re: Shooting Intruder as they retreat?
Don't know if it was while retreating, but one of the dead was shot in the back. Maybe that is what Beiruty is pointing out.jbarn wrote:Beiruty wrote:2 where shot and killed, as far I remember.jbarn wrote:Beiruty wrote:Few years back in very similar scenario, A Dallas father and his son were acquitted of murder under the Texas laws (Castle doctrine). The father went to jail for for another charge, possession of firearms by a felon.Tic Tac wrote:A threat is a threat even if they're moving. However, Texas does not generally authorize deadly force to stop a criminal who is fleeing after their crime, even for heinous crimes.
Here is the story:
http://www.dallasnews.com/news/communit ... s-2976.ece" onclick="window.open(this.href);return false;
No one was shot while retreating in that case. How or to what is this case similar?
I'm sorry, you will have to be more clear for my thick head....
TBMPolice believe one wound in his back was inflicted as Garcia lay on the ground.
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Final Shot Armory - Specializing in Firearms Sales & Transfers, NFA Sales
$20 Transfers for Current TX CHL Holders, Military, Teachers, LEO / $25 Everyone else
http://www.FinalShotUS.com" onclick="window.open(this.href);return false;
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Re: Shooting Intruder as they retreat?
Correct. I am not sure if they are retreating or not. But as mentioned, one was shot in the back. In any case, pursuing and shooting at someone is unwise and the only legal justifying is the case of after a theft of property at night where the property can't be retrieved with other means. In my book call your insurance co is a better choice. Your cost is at max is your deductible.
Beiruty,
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Re: Shooting Intruder as they retreat?
I would probably draw my weapon, and not shoot unless I had a life or death situation. Too many times I see scenarios where people are looking for a reason to shoot.( I'm not saying you are) but it does pop up here often enough to address it. I understand no one wants to make a mistake, that's why my personal policy is to never shoot, unless I have no other choice. Mistakes can happen easily. The other night I was talking on the phone and walking on the side of my house, when this young man parked in front of my house. He got out and ran up my driveway and was out of sight for a few seconds, when all of a sudden he ran back down my driveway carrying something in his hand. I shouted HEY, WHAT ARE YOU DOING? He informed me he was going to a hot tub party next door and made the mistake of being at the wrong house. He was wearing swim trunks and no shirt, and had a six pack of beer in his hands. I told him to have a good night.
IANAL
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Re: Shooting Intruder as they retreat?
If I have to shoot someone, I am counting on losing my house and at least one of my cars simply in legal fees. If it is a simple clear good shoot. So I will shoot if I have to, in order to protect my life and my kids lives because we are all worth more than a house or a car. However if his rear is showing I will probably keep a sight on him but I don't want to pull that trigger.
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"The women of this country learned long ago those without swords can still die upon them!" Eowyn in LOTR Two Towers