Will he lose his chl and more?

[RACER X]

http://m.click2houston.com/news/cra...art/-/16714936/24453672/-/cusv5r/-/index.html

Craigslist deal goes south
Chl chases perp
In Wal-Mart parking lot
Fires a few rds
Hits nearby house, not perp

Good idea, NO
Legal to shoot at?

 

[grumper]

The robber used force (busted him in the head) to steal the victim's property so the return use of force is justified.

If the victim had no other way to prevent the robber from escaping with the stolen property and it was nighttime (article doesn't say) then under the law he's supposed to be in the clear. Probably just depends on whether he gets a DA out to advance his/her career at all costs or jury full of buttholes.

The law doesn't excuse his hitting everything other than the bad guy though.

 

[Acera]

My guess is yes, especially if one of the charges stick. Loss of a lot more if they prosecute the charge of deadly conduct as a felony. IMHO.

 

[TAVM]

The robber used force (busted him in the head) to steal the victim's property so the return use of force is justified.

If the victim had no other way to prevent the robber from escaping with the stolen property under the law he's supposed to be in the clear. Probably just depends on whether he gets a DA out to advance his/her career at all costs or jury full of buttholes.

The law doesn't excuse his hitting everything other than the bad guy though.

I agree. The use of deadly force is allowed under Texas law to prevent robbery at night. With his CHL he was allowed to carry on his person which I would think extends that to him. Where I think he went wrong was shooting amidst a lot full of people.

He's lucky he didn't hit any other people.

 

[London]

I agree. The use of deadly force is allowed under Texas law to prevent theft at night. With his CHL he was allowed to carry on his person which I would think extends that to him. Where I think he went wrong was shooting amidst a lot full of people.

He's lucky he didn't hit any other people.

FIFY. Deadly force is authorized to prevent robbery no matter what the hour.

 

[grumper]

FIFY. Deadly force is authorized to prevent robbery no matter what the hour.

Yeah, you're right. The nighttime condition only applies to theft and criminal mischief.

 

[Renegade]

Happened at 1030pm, not that it matters.

A cop in a similar situation would not be charged, the missed shots would be considered the responsibility of the thief.

 

[Acera]

A cop in a similar situation would not be charged, the missed shots would be considered the responsibility of the thief.

And there lies a problem.........................

 

[Renegade]

While I can see a case for careless, it is hard to show reckless.

 

[cbigclarke]

And there lies a problem.........................

Amen

Sent from my DROID RAZR using Tapatalk

 

[txinvestigator]

Happened at 1030pm, not that it matters.

A cop in a similar situation would not be charged, the missed shots would be considered the responsibility of the thief.

That is not necessarily true.

 

[cbigclarke]

That is not necessarily true.

But its more than likely

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[Ghosty1]

excuse me if im incorrect, but i would agree with txi, legally. intent of law doesnt affect letter of law.
nightime vs daytime, does in fact make a difference.
i dont believe it should, theft is theft, deadly force is deadly force, regardless of how many lumens a star is emitting at a given time.
law is not written that way.

btw, of topic alert, i got delayed again. and was told that you can no longer "line out" and initial on a 4473, nor are you permitted a new form. sounds hoaky to me. but im not an attorney...hint hint, TXI....

 

[Younggun]

excuse me if im incorrect, but i would agree with txi, legally. intent of law doesnt affect letter of law.
nightime vs daytime, does in fact make a difference.
i dont believe it should, theft is theft, deadly force is deadly force, regardless of how many lumens a star is emitting at a given time.
law is not written that way.

btw, of topic alert, i got delayed again. and was told that you can no longer "line out" and initial on a 4473, nor are you permitted a new form. sounds hoaky to me. but im not an attorney...hint hint, TXI....

That's way off topic, start a new thread.


As to day Vs night as it applies to use of force (unrelated to CHL), it is not about the theft, but the inability to determine if the criminal is armed under low light conditions. It allows more leeway to assume that the criminal is an imminent threat.

 

[TAVM]

That is not necessarily true.

Lol. Suuuuuure. Cops get away with entering the wrong houses, shooting family pets, shooting unarmed civilians in their cars, and any number of abuse cases where they're literally assaulting people who are doing nothing more than what they're told.

So the likelihood of a police officer being charged with "reckless discharge" that endangers other civilians while chasing a perp is essentially nil.

 

[TX69]

Lol. Suuuuuure. Cops get away with entering the wrong houses, shooting family pets, shooting unarmed civilians in their cars, and any number of abuse cases where they're literally assaulting people who are doing nothing more than what they're told.

So the likelihood of a police officer being charged with "reckless discharge" that endangers other civilians while chasing a perp is essentially nil.

Key difference is that those cops were killing dogs and citizens so they were hitting their targets.

 

[Mike1234567]

And if we hit a cop who's shooting at us or or family members... we didn't "hit our target"?

 

[V-Tach]

btw, of topic alert, i got delayed again. and was told that you can no longer "line out" and initial on a 4473, nor are you permitted a new form. sounds hoaky to me.

While I am not an attorney, we just had a BATFE audit this week, and that is certainly not the case. Lining out and initialing or signing your name over an error is still okay with them (at least with our Inspector)

 

[papalote]

I have to tune to this thread. I am LEO and if I did something as reckless as that I would be charged and fired. The badguy here was not armed as for as I could tell.

 

[matefrio]

If he was charged he's already lost his CHL.

Sec. 411.187. SUSPENSION OF LICENSE

(a) A license may be suspended under this section if the license holder:

(1) is charged with the commission of a Class A or Class B misdemeanor or an offense under Section 42.01, Penal Code, or of a felony under an information or indictment;