Phucked around and found out thread. Stories of dirtbags doing dirtbag things and taking dirtnaps or finding out the reward isnt as they thought.

[Eastexasrick]

Except 9.42 talks about in the nighttime, and the grill was not stolen in the nighttime, and the owner chased and hunted down the thief in the daylight. Do you have another section of the penal code that says you chase and hunt down and kill a thief in the daytime?

I know the Texas Penal Code, and I work in the court system and I see how juries react. Juries do not like vigilantes. Just a fact.

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If you work in the Harris County court system, your personal view of what juries will do is not applicable to 95% of what occurs in this State. We kept volumes of trial results and subsequent jury poles. Your statement as a " fact" is quite incorrect based upon my review of thousands of results, all over this State.

 

[Eastexasrick]

He did not meet the definition of a vigilante, he was a victim.

vig·i·lan·te
[ˌvijəˈlan(t)ē]

NOUN

1. a member of a self-appointed group of citizens who undertake law enforcement in their community without legal authority, typically because the legal agencies are thought to be inadequate.

So Cali

 

[OneGunTX]

If you work in the Harris County court system, your personal view of what juries will do is not applicable to 95% of what occurs in this State. We kept volumes of trial results and subsequent jury poles. Your statement as a " fact" is quite incorrect based upon my review of thousands of results, all over this State.

So, you think a jury will ignore the condition in Penal Code 9.42 regarding in the nighttime? What Section of the Penal Code says that you can hunt down a thief after they leave your premises and use deadly force?

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[Eastexasrick]

So, you think a jury will ignore the condition in Penal Code 9.42 regarding in the nighttime? What Section of the Penal Code says that you can hunt down a thief after they leave your premises and use deadly force?

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Jury instructions are clearly spelled out by the Judge. Usually included is the admonishment to only consider the facts. The applicable Penal code will be given. What they chose to apply is nebulous at best. Unlike you, I do not know what their verdict will be.

I do know your labeling a victim as a vigilante clearly shows who you are.

 

[popsgarland]

So, you think a jury will ignore the condition in Penal Code 9.42 regarding in the nighttime? What Section of the Penal Code says that you can hunt down a thief after they leave your premises and use deadly force?

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It's in the real small print at the bottom of the last page.It's hard to read, but I believe
it states that your allowed to shoot a thief during the day time as long as you don't
shoot a bystander.

 

[msharley]

It's in the real small print at the bottom of the last page.It's hard to read, but I believe
it states that your allowed to shoot a thief during the day time as long as you don't
shoot a bystander.

Gut shoot?

Heard the pigs like their feed a squealing.....

 

[Johnny Diamond]

Hogs don't mind, long as your leakin and caint move too much or fast.

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[WT_Foxtrot]

Just waiting for some criminal sympathizer to troll along and say that the girl used excessive force over getting splashed with a little lemonade and she should have called 911 for the assault.

Hell, I just love the absolute mess that must have been made in that bitch's car getting everything soaked, forcing her to go home and clean the shit up. Maybe she took that time to rethink her actions, but I doubt it. What a dipshit.

 

[OneGunTX]

Jury instructions are clearly spelled out by the Judge. Usually included is the admonishment to only consider the facts. The applicable Penal code will be given. What they chose to apply is nebulous at best. Unlike you, I do not know what their verdict will be.

I do know your labeling a victim as a vigilante clearly shows who you are.

The fact that you are unable to have a conversation or debate without making insults just shows your insecurities.

I do not agree with you. But I know the Penal Code. PC 9.42 does not apply to the daytime and not the case at the center of this discussion. I disagree with you that the grill owner is a victim when he chased and hunted down and killed the thief in broad daylight. I wager he will be charged or indicted.

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[WT_Foxtrot]

Are you going to shoot someone in the back and claim self defense? In today's social climate, how do you think a jury will respond?

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Only person I know other than LEO or military who's shot someone is a lifelong friend who did so once in the stomach and once in the back after the shit for brains kicked in his door and broke in his house in the middle of the night. Dude died on his sidewalk in front of his house. Not only were there no charges or even the thought of such, but the LEO thanked him for defending his property.

Oh, and before you say it, this ain't in some backwater town, but a major city.

 

[OneGunTX]

Only person I know other than LEO or military who's shot someone is a lifelong friend who did so once in the stomach and once in the back after the shit for brains kicked in his door and broke in his house in the middle of the night. Dude died on his sidewalk in front of his house. Not only were there no charges or even the thought of such, but the LEO thanked him for defending his property.

Oh, and before you say it, this ain't in some backwater town, but a major city.

Ok

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[Cool 'Horn Luke]

It's sad how some people live their lives in victimhood status.

 

[hornetguy]

I did a simple goober search, and found this on a Texas lawyer's website, in answer to a question much like this one....
In his opinion, daylight vs.night time is a big part of the "legality" of it.
I don't have a dog in this one, but I'm curious as to "real world" examples here in Texas. Growing up here, I've heard all kinds of "facts"... and I know that a lot of the laws have changed over the years, particularly concerning the "castle doctrine"... here is what one lawyer said about a hypothetical situation where a bad guy was trying to steal a bicycle from a guy at night....

"We haven’t seen this defense used effectively in my practice. Because that determination will come down to a jury of twelve people, and it is very fact-dependant. In most situations, a jury will feel that a person’s life is more valuable than property. The law states there must not be any other means to recover your property, and the theft must occur at nighttime.

The government may argue you could have called the police and allowed them to recover the bike. Additionally, if you were to walk out and see the bike thief in the middle of the day versus at night, there would be no defense to using deadly force against the perpetrator to protect your property."

 

[Army 1911]

This is texas. Take a man's wife and he may thank you. Take a man's horse and you may get out after 20 years of good behavior. Take a man's dog or grill and shooting is Justified.

That's BBQ law south of the Red River.

 

[Lead Belly]

Are we talking about a $300 Pellet Boss smoker....or was it a commercial-quality trailer-mounted setup that could have been his livelihood? MSM likes to twist the narrative to paint firearms in a bad light at every opportunity, disregarding the gravity of the situation. I find it hard to believe that someone would try to steal a little home BBQ as there is little pawn value there.

 

[cycleguy2300]

There are several problems. First, by chasing the thief, the owner became the aggressor. Second, the owner was not in immediate danger until the owner created the situation. Third, the jury is going to be asked if the value of a grill is worth a man's life.

The owner should have called 911 and reported the thief's location, continued following, and let the police make the stop.

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The thief was the aggressor because he was thieving.

Owners should be allowed to chase and retrieve their property and it Texas it is allowed (generally)

Thirdly, while my property IS probably more than a your life, the death occurred because the aggressor was reasonably believed to have retrieved a weapon, putting the owner in am immediate danger.

The thief created the situation that lead to his death. His choice to steal, then threatening someone lawfully protecting their property lead to his death.

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[cycleguy2300]

but you can't bring the dead back to life.

Thankfully...

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[cycleguy2300]

While I am 100% in favor of thieves getting what they deserve, I agree with this strategy. Given our law system, chasing someone down in your car and shooting them would likely result in jail time. Following and getting someone on 911 is a wiser move.
Personally, I would hate to kill someone over "stuff".... although at the time, I would be sorely tempted.

Your and ogt's attitude is why this "attitude" towards a man doing the right thing could bring harm to himself at the hands of the system that should PROTECT him.

Police shouldn't replace you doing what needs to be done, they should be there to help you. If you aren't willing to shoot someone if they need shooting why call someone to do it for you?

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[cycleguy2300]

The fact that you are unable to have a conversation or debate without making insults just shows your insecurities.

I do not agree with you. But I know the Penal Code. PC 9.42 does not apply to the daytime and not the case at the center of this discussion. I disagree with you that the grill owner is a victim when he chased and hunted down and killed the thief in broad daylight. I wager he will be charged or indicted.

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People like you are the problem with juries today...

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[OneGunTX]

The thief was the aggressor because he was thieving.

Owners should be allowed to chase and retrieve their property and it Texas it is allowed (generally)

Thirdly, while my property IS probably more than a your life, the death occurred because the aggressor was reasonably believed to have retrieved a weapon, putting the owner in am immediate danger.

The thief created the situation that lead to his death. His choice to steal, then threatening someone lawfully protecting their property lead to his death.

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We shall see which one of us is right. The owner will either be charged or indicted or not.

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