That's just ridiculous there. So, did that actually fly with the jury? If someone knows of this case specifically please provide a link, I would like to read up on this one.seamusTX wrote:
Hedging around phrases like "I didn't mean to kill him" is risky. Such phrases have been construed to mean that defender intended to fire a warning shot and hit the attacker by accident, making the incident aggravated assault or manslaughter.
- Jim
Scary Incident
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- shortysboy09
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Re: Scary Incident
Disclaimer for all my posts: IANAL
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Re: Scary Incident
I can't find the story, and I've spent all the time that I can spare this morning looking.shortysboy09 wrote:If someone knows of this case specifically please provide a link, I would like to read up on this one.
Probably, like most felony indictments that are not notorious, it ended with a plea bargain.
- Jim
- flintknapper
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Re: Scary Incident
Retrieverman,
PM me the name of the guy, his tractor business and where this occurred.
You and I both live in the county, so I want to know where to stay away from.
Tactically speaking, once the man demanded your friends keys and cell phone, he should have immediately instructed his wife to call 911 and report the incident.
I would not have been unarmed that time of night under those circumstances, but if I were...the least I would have had with me...is my knife. At the point of the struggle for the keys...I would have been cutting that nut off of me (carry a knife folks).
Once the guy had the keys and was heading back toward his vehicle your friend (if physically able) should have "bailed" and created as much distance as possible between himself and this nutcase. You don't want to remain a easy target in your vehicle.
I know the shock of it all...is what is responsible for how it all played out, but please....please, talk to your friend about being more proactive concerning his own safety. Deep East Texas is full of narrow, winding, dirt roads that you can NOT back up on...or turn around. Even though that wasn't the case here, more roads fit that description, than not.
The other thing to consider (and the most important) is the response time of LEO.
In rural areas... LEO WILL NOT BE THERE, until after everything bad has already happened.
If you live or travel through rural, isolated areas...then burn that into your brain! ^^^^^^^^^^
YOU are responsible for your own safety, prepare for it.
I am glad your friend is alright....but he was quite fortunate, because he did just about everything wrong.
There are plenty of crazy people out there, even in small town U.S.A. where you and I live.
Take care,
Flint.
PM me the name of the guy, his tractor business and where this occurred.
You and I both live in the county, so I want to know where to stay away from.
Tactically speaking, once the man demanded your friends keys and cell phone, he should have immediately instructed his wife to call 911 and report the incident.
I would not have been unarmed that time of night under those circumstances, but if I were...the least I would have had with me...is my knife. At the point of the struggle for the keys...I would have been cutting that nut off of me (carry a knife folks).
Once the guy had the keys and was heading back toward his vehicle your friend (if physically able) should have "bailed" and created as much distance as possible between himself and this nutcase. You don't want to remain a easy target in your vehicle.
I know the shock of it all...is what is responsible for how it all played out, but please....please, talk to your friend about being more proactive concerning his own safety. Deep East Texas is full of narrow, winding, dirt roads that you can NOT back up on...or turn around. Even though that wasn't the case here, more roads fit that description, than not.
The other thing to consider (and the most important) is the response time of LEO.
In rural areas... LEO WILL NOT BE THERE, until after everything bad has already happened.
If you live or travel through rural, isolated areas...then burn that into your brain! ^^^^^^^^^^
YOU are responsible for your own safety, prepare for it.
I am glad your friend is alright....but he was quite fortunate, because he did just about everything wrong.
There are plenty of crazy people out there, even in small town U.S.A. where you and I live.
Take care,
Flint.
Spartans ask not how many, but where!
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Re: Scary Incident
This site must have a bunch of attorneys or wannabes on it, and for the record, I hate word games.
If I am ever in a "situation" and have to call the cops, I believe I will just say "I was attacked by a man with a deadly weapon, but the late attacker's efforts proved unsuccessful".
If I am ever in a "situation" and have to call the cops, I believe I will just say "I was attacked by a man with a deadly weapon, but the late attacker's efforts proved unsuccessful".

Re: Scary Incident
Um, if you don't want opinions, maybe you shouldn't ask for them.
- Jim
- Jim
- shortysboy09
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Re: Scary Incident
seamusTX wrote:Um, if you don't want opinions, maybe you shouldn't ask for them.
- Jim
+1, Use the word "kill" if that unfortunate situations occurs and see what happens. You WILL be hung out to dry. We are on your side trying to help you.
Disclaimer for all my posts: IANAL
My setup:
Kimber Ultra Crimson Carry II or Bersa Thunder .380
Crossbreed Supertuck
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TSRA Member
My setup:
Kimber Ultra Crimson Carry II or Bersa Thunder .380
Crossbreed Supertuck
NRA Member
TSRA Member
Re: Scary Incident
I'm all for putting in the reminder about proper word choice when dealing with the police, but one or two reminder posts is enough. A 30 post discussion on it every single time it comes up is just not necessary.
- flintknapper
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Re: Scary Incident
Amen.MechAg94 wrote:I'm all for putting in the reminder about proper word choice when dealing with the police, but one or two reminder posts is enough. A 30 post discussion on it every single time it comes up is just not necessary.
Spartans ask not how many, but where!
Re: Scary Incident
On the OP, that is a scary situation. I honestly can't think of another response if I was armed. My assumption would have been that this guy was trying to rob me or something worse. I probably would have been thinking that as soon as I realized he was blocking the road in front of me.
I can't imagine why he would ask for keys and cell phone yet make no effort at all to 1) call the sheriff or at least 2) ask you what he was doing in the area. Fighting over the keys and putting the guy at gun point on a public road without even asking is nuts. Any normal person ought to know that will get them in trouble with the law.
The only other point is that rolling your window all the way down when someone walks up to your car is not a good idea.
I can't imagine why he would ask for keys and cell phone yet make no effort at all to 1) call the sheriff or at least 2) ask you what he was doing in the area. Fighting over the keys and putting the guy at gun point on a public road without even asking is nuts. Any normal person ought to know that will get them in trouble with the law.
The only other point is that rolling your window all the way down when someone walks up to your car is not a good idea.
Re: Scary Incident
It's not just rural areas. Even if you're surrounded by LEOs, a determined attacker will get his shots off first. Remember John Hinckley, Jr.? What about the Baton Rouge karate instructor who abducted a 10 year old boy and took him to California, where he reportedly abused him sexually?flintknapper wrote: In rural areas... LEO WILL NOT BE THERE, until after everything bad has already happened.
In case you've forgotten, you can be escorted by police through an airport, and still be taken out at arm's length by an attacker who is determined to fire one shot and then surrender:
http://www.youtube.com/watch?v=6nDXS_HJg8c" onclick="window.open(this.href);return false;
- The Annoyed Man
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Re: Scary Incident
Remember Jack Ruby? That one happened in the police station parking lot surrounded by a protective police detail.chabouk wrote:It's not just rural areas. Even if you're surrounded by LEOs, a determined attacker will get his shots off first. Remember John Hinckley, Jr.?flintknapper wrote: In rural areas... LEO WILL NOT BE THERE, until after everything bad has already happened.
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”
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Re: Scary Incident
You are too late, retrieverman. By the time this guy was stopped and out of his car blocking your way, you should be crouched defensively behind your door with a weapon on the suspect. At this point, you are justified in shooting him unless he retreats. His violent actions to detain you raise sufficient doubt as to your personal safety. This incident reads like a carjacking/robbery/kidnapping, all of which justify the use of deadly force in self defense under Texas law. Your friend was very, very lucky indeed.I would have killed the man when he approached me with the shotgun
Re: Scary Incident
The entire incident seems strange to me. Why did the individual not call the police ? What did he not beat a retreat ? AND WHY DID HE GO AND DO THE ELECTRICAL WORK WHEN CLEARLY THE WOMAN KNEW WHAT WAS GONG ON ?
- 03Lightningrocks
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Re: Scary Incident
I like the story about this guy building a fence across the road. That story explains everything, all by itself. 

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Re: Scary Incident
03Lightningrocks wrote:I like the story about this guy building a fence across the road. That story explains everything, all by itself.


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