TexasCHLforum.com

tallmike wrote:

johnson0317 wrote:

Oldgringo wrote:

alvins wrote:my father has one of this big pole lights on the side of his garage. it lights up the entire back yard near the house pretty well. they have about 1/2 acre yard.

That along with a BB gun to shoot out the peeper's eyes will do the trick, you betcha'.

Only problem with that is he would turn around and sue you, and then you would have to support him for the rest of his miserable life. If burglars successfully sue for falling through roofs, or cutting themselves on glass they broke, then they could nail you for that.

RJ

You are assuming he will some day get out of my basement dungeon to file that lawsuit...

Why do I have visions of the gimp from Pulp Fiction!?!?!?!?!

Make sure you post a sign prohibiting entry, using those exact words, or some people will say he wasn't trespassing.

Immediately, more than anything else, report it to the police so it will be in the system. NOW. If you don't, and later you're subject to legal action as a result of shooting him, it could really screw things up for your defense. I can't emphasize this strongly enough.

Ruark wrote:Immediately, more than anything else, report it to the police so it will be in the system. NOW. If you don't, and later you're subject to legal action as a result of shooting him, it could really screw things up for your defense. I can't emphasize this strongly enough.

Elaborate please. If you any case law demonstrating this liability please post those too.

gigag04 wrote:

Ruark wrote:Immediately, more than anything else, report it to the police so it will be in the system. NOW. If you don't, and later you're subject to legal action as a result of shooting him, it could really screw things up for your defense. I can't emphasize this strongly enough.

Elaborate please. If you any case law demonstrating this liability please post those too.

While I don't know of any case law in this type of event, I firmly believe documentation and past history is an important piece of showing justification and the events that preceded the final one. In this case, it would definitely help in his defense if they have past history logged by law enforcement. That would include tapes from 911 calls and testimoney and reports by responding officers.

An attorney could have a field day if there's no documentation. The first question would be if you notified the police. If you didn't, it would be a simple matter to make you look like a gunslinging vigilante.

...now that's just not so...a lot of cases resulting in shootings have no prior history to document...a lot of folks aren't astute enough to call in and document incidents such as this or relationship problems, so that the picture is clear if it does end up in a shooting someday...what might make you look like "a gunslinging vigilante" are if the facts about what happen during the incident don't add up to what the law says is a justifiable action by a reasonable individual...if there are no eyewitnesses to the contrary, and you don't shoot your mouth off in an ignorant manner, there would be no way for an attorney to make you look like a gunslinging vigilante...
...I've seen several shootings in Texas that I thought were borderline as far as justification...but the grand jury no-billed them...I see no reason to announce the sky is falling...

Ruark wrote:An attorney could have a field day if there's no documentation. The first question would be if you notified the police. If you didn't, it would be a simple matter to make you look like a gunslinging vigilante.

Probably not-- at least not in a more free state like TX. There are plenty of situations where there could not and would not be any prior documentation because it was the first contact between the two parties. As long as you are not being a gun slinging vigilante you are not likely to be perceived as such (at least in TX). Now in CA or NY there might be a problem, but prob not in TX.

Ruark wrote:An attorney could have a field day if there's no documentation. The first question would be if you notified the police. If you didn't, it would be a simple matter to make you look like a gunslinging vigilante.

Yes, of course I immediately contacted the police. See previous posts.

As far as documentation goes, I agree with Speedsix. I had no reason to shoot this man on this particular night. He did not pose an immediate threat. He was not breaking in my windows or doors, or anything of the like. He was simply peeping. It was disgusting, deplorable, illegal, and incredibly infuriating, but unless the guy is a credible threat to me or mine, there is no reason to shoot him. Chase him, yes. And if I would have caught him, I almost certainly would have used force (not deadly force) to keep him there until po-po arrived.

Ruark wrote:An attorney could have a field day if there's no documentation. The first question would be if you notified the police. If you didn't, it would be a simple matter to make you look like a gunslinging vigilante.

Are you in Texas?

pepper spray will suffice.

...wire brush on all exposed areas...THEN pepper spray might work better!!! a peeping tom's just a timid rapist, in my opinion...