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Abilene TX: man killed in conflict over trash

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  • jordanmills

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    Isn't what the father and son were doing considered brandishing? For handguns, my understanding was that it should stay tucked away until I was ready to use it. Then, it should only clear the holster just prior to my booger hook pressing the bang switch.
    There's no brandishing in Texas. And display of a firearm to discourage imminent threat to your life (or something along those lines) is protected by law.
     

    OFFascist

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    Isn't what the father and son were doing considered brandishing? For handguns, my understanding was that it should stay tucked away until I was ready to use it. Then, it should only clear the holster just prior to my booger hook pressing the bang switch.

    When they start charging police officers with brandishing for pulling their gun prior to any indication of a threat then I'll apply that same standard to citizens. It seems like he didn't aim his gun at the mental guy until he used it, which is more than can be said for some in law enforcement.

    While this is not an ideal case of self defense if I were on a jury I would acquit. The guy in orange had mental issues, a long criminal history, and was practically begging for what happened. I would be fine if the DA let these two men plea it down to misdemeanor for discharging a firearm in public.
     

    dfwpi

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    When they start charging police officers with brandishing for pulling their gun prior to any indication of a threat then I'll apply that same standard to citizens. It seems like he didn't aim his gun at the mental guy until he used it, which is more than can be said for some in law enforcement.

    While this is not an ideal case of self defense if I were on a jury I would acquit. The guy in orange had mental issues, a long criminal history, and was practically begging for what happened. I would be fine if the DA let these two men plea it down to misdemeanor for discharging a firearm in public.
    Read the post above your post about "brandishing." Geez, where are some of you people getting this info? Makes it sound like you are from California or the Northeast where they want abolish firearms.

    Sent from my SM-G965U1 using Tapatalk
     

    OFFascist

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    Read the post above your post about "brandishing." Geez, where are some of you people getting this info? Makes it sound like you are from California or the Northeast where they want abolish firearms.

    Sent from my SM-G965U1 using Tapatalk

    In Texas when someone refers to brandishing they are generally talking about disorderly conduct.
    https://codes.findlaw.com/tx/penal-code/penal-sect-42-01.html
    (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;
     

    dfwpi

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    In Texas when someone refers to brandishing they are generally talking about disorderly conduct.
    https://codes.findlaw.com/tx/penal-code/penal-sect-42-01.html
    Well, call it what it is and not something else....

    I mean, when I had to write arrest warrant affidavits, it was disorderly conduct blah blah blah...

    That's almost like calling a winnie wagger a person who was brandishing his pecker.

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    Moonpie

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    Gunz are icky.
    Been reading Mr. Orange Shirt had been arrested almost 300 times?!?!?!?

    Hory Clap! Why wasn’t the crazy in prison?????
     

    Sock Puppet

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    There's no brandishing in Texas. And display of a firearm to discourage imminent threat to your life (or something along those lines) is protected by law.

    Okay, "disorderly conduct", "threat with a deadly weapon", or whatever. I'm thinking of Texas Penal Code §42.01(a)(8). Seems like they are provoking the apparent nutjob...not that the apparent nutjob was innocent in the situation.
     

    jordanmills

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    In Texas when someone refers to brandishing they are generally talking about disorderly conduct.
    https://codes.findlaw.com/tx/penal-code/penal-sect-42-01.html

    https://statutes.capitol.texas.gov/SOTWDocs/PE/htm/PE.9.htm

    Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
     

    vmax

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    Been reading Mr. Orange Shirt had been arrested almost 300 times?!?!?!?

    Hory Clap! Why wasn’t the crazy in prison?????
    And the irony is that the police chief had the Millers re-arrested and bonds raised because he was concerned that they were out in the community...
     

    Moonpie

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    Gunz are icky.
    What a shite show.
    Maybe the po-po were just fed up with dealing with this guy? When the call came in it was Oh Its Crazy Orange Shirt. Again. For the eleventythousnadth time. We will go over there later.
     

    jordanmills

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    What a shite show.
    Maybe the po-po were just fed up with dealing with this guy? When the call came in it was Oh Its Crazy Orange Shirt. Again. For the eleventythousnadth time. We will go over there later.
    If you read between the lines in their facebook press release, they basically said they didn't have the resources to respond, if someone had called. Assuming the call even made it through.
    On this note, by the time I walked into Dispatch 9-1-1 in response to this violence, I noticed all of our telecommunicators were emotionally impacted. They were simply overwhelmed. Between 7 am this morning and noon, they have received 255 calls, including a possible self-inflicted death investigation, on top of the murder. In 45 minutes alone, they handled 57 calls, and they simply ran out of officers, adding to their stress.
     

    craigntx

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    Cypress, Tejas
    2j4f0xz.jpg
     

    Grundy1133

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    My opinion is based on the facts that I saw from the video. not what people heard happened... remember this is what i saw in the video i watched. nothing more nothing less. what i saw in the video was that a guy who had a baseball bat was repeatedly threatened to kill both of them. Not only was he threatening their lives but he had to means to take their lives and was an immediate threat to their well being. Which in my opinion would warrant use of deadly force. If someone is standing in front of me with a baseball bat and said I'm gonna kill you. im gonna bash your head in. etc etc, my life would feel in danger and I would defend myself accordingly. Repeatedly you hear the older man tell him to back off and to step back to which the guy with the bat just continues to threaten to kill them and from what i couuld tell the guy started to make advancement toward them. Also I heard the guy with the bat say at one point to someone"go get my BB gun from the house". I would assume the guy with the baseball bat didn't own a gun other than a BB gun and from the sound of it he intended to shoot them with whatever weapon he had. IANAL but I would say justified. It'll be interesting to see how this one turns out.
     
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