Drive-By Shooting/Attempted Murder

[BangBang!!!]

They drove by my home, they threw rocks at my son's bedroom balcony, waiting about 15 minutes, then shot 2 shots with a double-barreled shot gun; put about 20 holes in my son's bedroom and the gym, where he works out at night; cops say its not attempted murder; trying to find the exact definition of attempted murder for the state of Texas. Thugs still running loose. Any help would be greatly appreciated.

 

[Shotgun Jeremy]

Get some of those hunting cameras and place them outside so you can see license plates of cars that may drive by as well as people on your property.

 

[itchin]

I'd bet money your son knows exactly who did it.

 

[TXARGUY]

I'd bet money your son knows exactly who did it.

+1

 

[fuelfather]

Location and time would help

 

[BangBang!!!]

I'd bet money your son knows exactly who did it.

Yes he does! So do I! So do the Cops! They just say it's circumstancial evidence... so far. They also say the Texas code is very specific for labeling it "attempted murder". They're calling it "criminal misconduct".

 

[BangBang!!!]

Get some of those hunting cameras and place them outside so you can see license plates of cars that may drive by as well as people on your property.

Thanks. Already have that taken care of.

 

[kusai]

Texas code is very specific for labeling it "attempted murder". They're calling it "criminal misconduct".

Drive by shooting is just a criminal misconduct ? seriously



Sent from the black hole

 

[GlockOwner]

This is the penal code to define "Attempt":

Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
(b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.
(c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
(d) An offense under this section is one category lower than the offense attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor.

This is the penal code for murder:

Sec. 19.02. MURDER. (a) In this section:

(1) "Adequate cause" means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
(2) "Sudden passion" means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation.
(b) A person commits an offense if he:
(1) intentionally or knowingly causes the death of an individual;
(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or
(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.
(c) Except as provided by Subsection (d), an offense under this section is a felony of the first degree.
(d) At the punishment stage of a trial, the defendant may raise the issue as to whether he caused the death under the immediate influence of sudden passion arising from an adequate cause. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the offense is a felony of the second degree.

Chapter 19 of the Texas State Penal Code is Criminal Homicide. You can read up on this here Texas Constitution and Statutes - Home

 

[carlosrowlett]

At least they were using what ole 2 blast biden told them to use.

 

[Mic]

Wow. That's some bad shit. Maybe you should have your son leave town for a while - go stay with some relatives elsewhere. Give whatever it is fueling this time to die off. Not gonna ask what it is, cause you'd have told us if you wanted us to know, but surely there have been some kind of interactions between your boy and these folks (and I'm not saying your boy did anything wrong or illegal). Get him away until you can figure out how to clear this up. The mindset I'd want to have in this situation is that they shouldn't be able to force my son to run and hide, but the consequences of him sticking around could well mean your boy is dead and you going to jail - not worth it.

 

[zembonez]

Yes he does! So do I! So do the Cops! They just say it's circumstancial evidence... so far. They also say the Texas code is very specific for labeling it "attempted murder". They're calling it "criminal misconduct".

Yip. Unless there is an obvious attempt on a visual target, that's exactly what it is. I hope they catch and prosecute these punks.

Like others have said. Your son knows who and why.

 

[shortround]

"Bang Bang" for a handle/screen name?

Four Posts.

No 10-40.

Unknown suspects are gunning for your boy.

Sorry, no help coming from this direction.

 

[Doc Roe]

"Bang Bang" for a handle/screen name?

Four Posts.

No 10-40.

Unknown suspects are gunning for your boy.

Sorry, no help coming from this direction.

You missed the fact that he just made the account earlier today. Entirely possible he's been lurking as a guest for a while, and that the drive-by is what spurred him into creating the account.

Also, for those of us who don't know police radio shorthand/code (I'm assuming that's what it is, correct me if I'm wrong), what does 10-40 mean?


OP, I honestly hope that the situation manages to work itself out without anyone getting killed. Not gonna lie, though, it won't surprise me if things end with a shootout and casualties, especially if this is gang-related. Saw a lot of gang violence when I lived in Michigan (Saginaw specifically, which is/was actually worse than Flint and Detroit), and more often than not the 'bangers and G's try to go out fighting.

Was hoping I had gotten away from this kind of shit when I moved back down here. It just isn't right, man... Just ain't right.

 

[Younggun]

He has a habit of giving new members a somewhat rude welcome and doesn't seem to consider that many may not be forum savvy.

 

[Doc Roe]

Yeah, so I've noticed...

 

[majormadmax]

Also, for those of us who don't know police radio shorthand/code (I'm assuming that's what it is, correct me if I'm wrong), what does 10-40 mean?

Official Ten-Code List

While the SAPD officially quit using 10-codes about five years ago, now preferring "common language;" many officers still use them.

 

[Younggun]

1040 is a tax form.


I was thinking he meant location but I believe that is 10-20, as in "What's your 20?", could be wrong.


They do vary by department.

 

[Doc Roe]

Official Ten-Code List

While the SAPD officially quit using 10-codes about five years ago, now preferring "common language;" many officers still use them.

Hmm, interesting. Thanks for the info.

 

[carlosrowlett]

i googled 10-40 apparently it means "Silent run -- no light, siren"