Man shoots robber, gives vics $ back, splits - Grand Jury update

[cycleguy2300]

She didn't have anything to do with it. In fact, she must have declined to prosecute for it to go to a grand jury in the first place. That's the way it works in Harris County.

The DA is the prosecution presenting the facts (only the facts most favorable to their position) to the grand jury.

The ONLY way for a case to go before grand jury is for the DA, or other "Attorney representing the State" to bring it.

CODE OF CRIMINAL PROCEDURE CHAPTER 20A. GRAND JURY PROCEEDINGS

Grand juries are essentially a secret kangaroo court where the DA, CDA or CA get to pick and choose facts and evidence to secure an indictment. Its a good system when there is an honest DA, who isnt politically motivated but in Travis County our DA is a straight up socialist who doesnt believe in the American system of justice and uses his position to persecute police

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[Renegade]

Good....now indict the DA for wasting everyone's time.

She didn't have anything to do with it. In fact, she must have declined to prosecute for it to go to a grand jury in the first place. That's the way it works in Harris County.

All homicides - justified or not - go to a grand jury in Harris County as a policy of the DA. That part is literally in the article linked in the OP. Kim Ogg probably popped a boner in her panties at the chance to charge someone for a defensive shooting, and probably wept when he was no-billed.

Texas law requires a Grand Jury Indictment before a felony can be charged.

DA has no choice, despite what DA said in that article.

 

[CavCop]

The Grand Jury had no choice. The man was still in the restaurant with a gun. He was threatening the customers. There are activists in Houston who are upset about the final headshot and think the Good Guy should be charged. These activists are upset about the Grand Jury's decision.

Now, the civil suits will be filed against the Good Guy. They are trying to "OJ" the guy.

If not found guilty, there is no civil charges in Texas.

CPRC §83.001 After 2007 wrote:
CPRC §83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable.

Joe Horn passed that test, when he shot two guys robbing a neighbors house. Shot one in the back.

 

[Glenn B]

Maybe someone else noticed it is one year to the day -today - from when he shot the robber. If someone else wrote about this already, whoops, but not going to read all the posts after reading the pertinent one about the GJ dismissal. I started to read some of the posts but after seeing the post saying that in Harris County, a case goes to the GJ after the prosecutor declines prosecution, I stopped reading them. Either that is the weirdest criminal court /rand jury procedure I have ever heard of after 32 years in LE (including several months working in TX and many more in several other states) and literally a few score of times testifying before grand juries - or - maybe someone in the peanut gallery does not quite get how it works. Even though a GJ is a right of the accused the grand jury ALSO is a key procedural tool for prosecutors to undertake in order to bring a prosecution and believe me they can get almost anyone indicted - that's the easy part , it is a conviction that needs a ton of work. A GJ does not come about because a prosecutor declines prosecution - that is because in the instance of a declination there is absolutely no prosecutorial need for the services of a GJ.

 

[Eli]

Now, the civil suits will be filed against the Good Guy. They are trying to "OJ" the guy.

As mentioned above, not in TX or a lot of other states. That was one of the reasons George Zimmerman was indicted, in order to allow civil suits.

Eli

 

[DoubleDuty]

If not found guilty, there is no civil charges in Texas.

CPRC §83.001 After 2007 wrote:
CPRC §83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable.

Joe Horn passed that test, when he shot two guys robbing a neighbors house. Shot one in the back.

That's how it should be everywhere no one should be able to be sued when they have acted properly in a shooting.

 

[DougC]

Read more at Red State blog;

The Harris County District Attorney’s Office mandates that all homicides be reviewed by a grand jury to allow members of the community to determine the appropriate outcome. This process ensures that all such cases are subject to community review at the grand jury and, if necessary, trial level....

It will be interesting to see if this policy of sending all homicides to a grand jury will survive this case, as it goes against so much of what [Harris County DA Kim] Ogg stands for. You have a literal "good guy with a gun." You have a racial minority criminal. The criminal had a fake gun. The number of shots and the firing sequence were in the red zone of the "permissible shooting"-meter. Rather than indict, you get the feeling that the grand jury would have carried the shooter down to the bar and bought him drinks all night.

Another look from the Tom Grieve channel;

 

[Renegade]

After the shooter turned himself in, the district attorney's office made the decision to send the case to a grand jury rather than making the charge/dismiss decision itself.

A lie told often enough becomes the truth?

 

[Major1510]

Cop want to "talk" to him. Drives a distinctive truck.
Many of these restaurants are posted. Hopefully our boy dont catch a catch

HPD: Customer shot suspect to death at Houston restaurant; wanted for questioning

Police say a customer shot a suspect who was robbing patrons in a restaurant, got their money back, returned it to the customers and then left the scene. He's wanted for questioning but is not charged.

www.fox26houston.com

Informative

 

[TheDan]

Informative

What do you have for sale?

 

[Texas Faust]

Man, justice was indeed served on all accounts.

 

[DougC]

The never ending story for lawyers is their take on a self-defense shooting. What they say is a bit different from other videos as their firm offers the Attorneys on Retainer for self-defense shooting and competition to concealed carry insurance programs from USCCA, US Law Shield, CCW Safe, etc. You can gain some insight into what juries and prosecutors decide in such incidents.

Bottom line for me: Situational awareness is the first defense for the fight avoided is the fight won.

Attorneys Marc J. Victor and Andy Marcantel provide a legal analysis of a shooting that occurred at a Houston Taqueria restaurant.

 

[CavCop]

FWIW Texas law is based on the view of the person using force, and if it’s justified under Texas law.

Regardless if a gun is real or fake, if a person feels there is imminent danger to themselves or other, deadly force is an option. Yes a Grand Jury usually is presented with all homicides (homicides are NOT murders).

I have worked cases with citizens and police who shot at people with fake/toy guns and where the gun was unloaded. While that attempt might be used in court to say it was not a deadly weapon, it’s irrelevant to what the person acting in self defense does. It’s a good shooting, if the fear was reasonable to the actor/shooter.

Texas law looks at the shooter doing what they felt was right in the split seconds they had to react to a perceived threat. It’s viewed by the shooter, not the suspect shot.

I have had many discussions over what I would do vs another officer or citizen, and that my training and experience is different than others, and that while we can all Monday morning quarterback an issue/shooting, it’s about the shooters mindset and their reaction under stress. Did the shooter act in self defense of a real perceived threat.

In this case with the restaurant, baring any questionable statements by the shooter, it looks like justified reasonable use of deadly force, under Texas law. The DA if honest should present the facts, the law, and get a no bill/clear the hero…

 

[benenglish]

The DA if honest should present the facts, the law, and get a no bill/clear the hero…

That's what happened.