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Lubbock TX video of shooting

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  • Sasquatch

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    Happened here in Texas, I didn't see another thread on this.

    Guy goes to pick up his kid, gets in an argument with his ex because the kid isn't there when he's supposed to be. Her new guy decides to be Mr. Manly-Man and comes out with his carbine, winds up killing the kid's dad.

    Lots of bad decisions here, but the dad - from what we see on camera - was NOT posing a violent threat. He's yelling because mom wasn't upholding the visitation agreement. Step-dad or boyfriend or WTF ever he is went way over board. I see this as murder, flat out. There was zero reason to go get a gun and come back out. Call the cops and let them sort that shit out, or grab your woman and retreat into the house until the cops arrive, but this dumbass needlessly escalated a verbal argument into a deadly force encounter. Shooter might not get the death penalty, but I'd be voting to put him away for a long, long time if I'm on that jury.
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    ZX9RCAM

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    Moonpie

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    Gunz are icky.



    Happened here in Texas, I didn't see another thread on this.

    Guy goes to pick up his kid, gets in an argument with his ex because the kid isn't there when he's supposed to be. Her new guy decides to be Mr. Manly-Man and comes out with his carbine, winds up killing the kid's dad.

    Lots of bad decisions here, but the dad - from what we see on camera - was NOT posing a violent threat. He's yelling because mom wasn't upholding the visitation agreement. Step-dad or boyfriend or WTF ever he is went way over board. I see this as murder, flat out. There was zero reason to go get a gun and come back out. Call the cops and let them sort that shit out, or grab your woman and retreat into the house until the cops arrive, but this dumbass needlessly escalated a verbal argument into a deadly force encounter. Shooter might not get the death penalty, but I'd be voting to put him away for a long, long time if I'm on that jury.


    F5F5E081-596C-4992-B087-5EC0613F5042.gif
     

    Renegade

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    He didn't know he'd need the cops before he got there.

    How would he get his kids if he stayed home?

    From what I gather, dad had legal right to be there, legal right to get kid. When shooter refused to produce kid (which was not his AFAIK) he ventured into unlawful restraint. When he got gun to prevent dad from getting kid he lawfully was entitled to, it got worse.

    Sec. 20.02. UNLAWFUL RESTRAINT. (a) A person commits an offense if he intentionally or knowingly restrains another person.
    (b) It is an affirmative defense to prosecution under this section that:
    (1) the person restrained was a child younger than 14 years of age;
    (2) the actor was a relative of the child; and
    (3) the actor's sole intent was to assume lawful control of the child.
    (c) An offense under this section is a Class A misdemeanor, except that the offense is:
    (1) a state jail felony if the person restrained was a child younger than 17 years of age;
    (2) a felony of the third degree if:
    (A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;


    Jacking rounds and shooting back at the house seems to "exposes the victim to a substantial risk of serious bodily injury;"
     

    Renegade

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    The dead guy should have come with cops, or stayed home.
    Sorry, I don't agree with bad shooting.
    A guy has to be able to defend his home.

    This wasnt a trespasser breaking into home.

    This was a dad with court-ordered legal right to be there and get kid. Homeowner, who was not even relative of kid, knew this. Using deadly force to prevent that, well he is phucked.
     

    Brojon

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    I dunno. I saw a belligerent, unwelcome visitor throwing around threats and trying to intimidate the residents, and refusing to leave. When a weapon was brought out, he got belligerent, doing that immature chest-pressing thing (unwanted physical contact can be considered assault), and then attempting to wrestle the shotgun out of the resident's hand while issuing threats. I think the resident has a pretty strong legal defense based on both videos.

    If he had a valid reason to be there, then the local law should've been called instead of his chest-thumping antics. And trying to wrestle a shotgun away from the homeowner? That'll get you shot.
    He fired a "warning shot" at the guys feet. HUGE no-no. That indicates he did not feel in immanent danger for his life.
    The dumbass thing was the overwrought man tried to take it away from him. At that point he *might* have a claim but overall he just landed himself a manslaughter rap at minimum. Of course I'm armchair lawyering at this point. ;)
     

    Renegade

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    I read on another forum kid was not there, and this is not the first time they played that trick.

    Also, wife of shooter has filed divorce proceedings since shooting. Guess she wants to get away from him and protect what assets she might have.

    Anyway, these are not verified facts. just what was reported on another forum by a Lubbock member.
     

    Renegade

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    The dumbass thing was the overwrought man tried to take it away from him. At that point he *might* have a claim but overall he just landed himself a manslaughter rap at minimum. Of course I'm armchair lawyering at this point. ;)

    If someone starts shooting at you, you can defend yourself with DF. Shooter had rifle, you cannot outrun a bullet. You are unarmed and gun is under armpit, trying to disarm is all you have left. Didnt work for Arbery either, but McMichaels was convicted (and McMichaels did not even shoot a warning shot).

    Tough stretch IMO to claim "Self-Defense" when YOU introduce a firearm to a verbal argument, then shoot and kill unarmed person when he tries to prevent getting shot again.
     

    Axxe55

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    Trying to be objective, I'm seeing wrong committed by all parties involved.

    Man had a right to visitation as ordered by the court. That is legal degree handed down by a judge. Failure to comply is contempt of court.

    I understand he was probably very angry with his ex-wife for not producing the child. But, getting angry, shouting and making threats wasn't the proper way to handle that situation. Best course of action he could have taken was to step off the property and call for LE back-up to diffuse the situation and to make the ex-wife comply. Then he should have also contacted his lawyer, and have his ex-wife drug back into court for failing to comply with a court order. Judge would probably threaten her with contempt of court charges for failure to comply.

    Step-parents, boyfriends and girlfriends of the ex's should keep their noses out of it. If the boyfriend felt he was being threatened by the father, he should have retreated back into the home and called LE to handle the situation.

    It's a situation that got out of hand more than likely due to raw emotions. It shouldn't have. It didn't need to happen.
     

    Axxe55

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    he did not know in advance, but as you can hear on video, he had called police and also directed them to where he thought kids were being hidden (grandmas house).
    I understand he was angry and upset, but he should have just waited. Emotions were probably running high, so I also understand that would have been difficult.
     

    Renegade

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    I understand he was angry and upset, but he should have just waited. Emotions were probably running high, so I also understand that would have been difficult.

    He was waiting. And when shooter went into house, it looked like cooler heads prevailed, and all would wait for cops to come sort it out.

    Then he pops out with a gun, and ruins a dozen lives.
     
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