I STOPPED A ROBBERY LAST NIGHT

[WhoDat]

Outstanding! You defended your family, and the store, from a situation that could have gotten out of hand. Yeah, the perp got away. But you also avoided a any risk of a criminal or civil suit. Really, you handed the situation perfectly, given the circumstances. I'd like to think I would handle such a situation as well as you did.

[SQLGeek]

Everybody went home safely that night and for that, I can't fault you for letting him go. Lives were saved without a shot being fired.

Good on you, Javier. You faced the wolf and won.

[jamminbutter]

Well done!

One memory from my CHL class does come to mind...The instructor indicated not to use pronouns such as "you" when telling someone that you will shoot. The premise is that by doing so may be deemed a "threat" and you would be the one in trouble.

[CoffeeNut]

Job well done! Can't believe he stood back up at gunpoint.

[VMI77]

Reminds me of a story I heard years ago when I used to live in the RGV. A man caught a burglar in his country home around 2 AM, held him at gunpoint waiting for the Sheriff to arrive. He had to let him go when it became time for him to go to work and the Sheriff hadn't arrived. Don't know if it's true, could be an Urban Legend.

It's good it turned out well for you. I can't say if I'd have gone in if my wife had come out safely. For one thing, not having seen him enter I'd have wondered if he had accomplices in or outside the store. I'm still remembering the guy in Walmart who confronted the husband cop killer and got dropped from behind by the wife cop killer.

[johncanfield]

Well done!

One memory from my CHL class does come to mind...The instructor indicated not to use pronouns such as "you" when telling someone that you will shoot. The premise is that by doing so may be deemed a "threat" and you would be the one in trouble.

Yes indeed, well done .
Maybe those more eloquent and learned than me will chime in, but I think I remember if deadly force is justified, then a threat of deadly force is also justified.

[rtschl]

Well done sir!

[mr1337]

Glad no one got hurt, and you don't have to fight any legal battles. That guy knows who is out there now, and I'm betting he's going to think long and hard before he does that again.

[LAYGO]

You did a great job.

Had they caught the guy, would he have been with aggravated robbery because he "said" he would shoot?

[Steamboat]

Great job! Too bad he got away but the most important thing is no one got hurt.

[Jim Beaux]

In reading your story I first became very agitated that you told the guy to go - but on second thought it came to me - very good ending. Everyone came out a winner in every way - especially you. You gave a gift of life.

People complain about the high cost of college educations, but the most expensive education is one of experience. I think we all just got a bargain. (I wonder what the BG will take from this. Will he become a smarter thug or a better citizen?)

Thanks for sharing. If I ever find myself in a similar situation, I hope I benefit from your experience.

Congrats on a job well done.

[Keith B]

Well done!

One memory from my CHL class does come to mind...The instructor indicated not to use pronouns such as "you" when telling someone that you will shoot. The premise is that by doing so may be deemed a "threat" and you would be the one in trouble.

That would not apply to this case where the individual was already in the process of committing a felony crime. Justification for threat of use of force or deadly force was already in play.

[Keith B]

You did a great job.

Had they caught the guy, would he have been with aggravated robbery because he "said" he would shoot?

No. Texas has Robbery and Aggravated robbery. Threat only is still robbery until he actually produces a weapon

See the definitions below

§ 29.02. ROBBERY. (a) A person commits an offense if, in
the course of committing theft as defined in Chapter 31 and with
intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another; or
(2) intentionally or knowingly threatens or places
another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second
degree.

§ 29.03. AGGRAVATED ROBBERY. (a) A person commits an
offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first
degree.
(c) In this section, "disabled person" means an individual
with a mental, physical, or developmental disability who is
substantially unable to protect himself from harm.

[McKnife]

You did a great job.

Had they caught the guy, would he have been with aggravated robbery because he "said" he would shoot?

No. Texas has Robbery and Agrivated robbery. Threat only is still robbery until he actually produces a weapon

See the definitisons below

§ 29.02. ROBBERY. (a) A person commits an offense if, in
the course of committing theft as defined in Chapter 31 and with
intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another; or
(2) intentionally or knowingly threatens or places
another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second
degree.

§ 29.03. AGGRAVATED ROBBERY. (a) A person commits an
offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first
degree.
(c) In this section, "disabled person" means an individual
with a mental, physical, or developmental disability who is
substantially unable to protect himself from harm.

To me, it looks like the threat of a weapon implies a fear of imminent bodily injury, which would classify this as aggravated robbery.