Police Investigating Self-Defense in Murder Case

[txinvestigator]

I understand, I typed out a simplified scenario because I am on a phone. I'm asking just to clarify what I know, not because I am going to use your posts as legal advice. Just making conversation on an interesting topic. It is not so much what the law states, because it does state you can use deadly force to prevent imminent harm, but more on how good of an attorney you have and what the jury "feels" is appropriate. Thank you for the responses though.

No, chapter 9 does NOT say you can use deadly force to prevent imminent harm.

What the jury feels is not relevant, either.

 

[Wiked]

So then what does Sub chapter C, section 9.31 refer to?
Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

 

[Wiked]

Also in a case before a jury, does the jury not determine who is guilty or not guilty?

 

[txinvestigator]

So then what does Sub chapter C, section 9.31 refer to?
Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

It refers to exactly what it read, "FORCE". "a person is justified in using FORCE." Deadly force is not justified under 9.31

Force and deadly force are different. You think if a person is going to push you that you would be justified in shooting them?

Deadly force is defined in the code. See 9.01 for the definition of Deadly force, and 1.07(a)(46) for the definition of serious bodily injury.

 

[txinvestigator]

Also in a case before a jury, does the jury not determine who is guilty or not guilty?

A trial jury, yes. Not a grand jury.

 

[V-Tach]

Too many unknowns to make a determination of if he was justified to use deadly force....or not....

imho...

 

[OFFascist]

I heard an update on this in the news yesterday. The grand jury let him go.

Salazar Cleared of Murder Charge | Corpus Christi, TX | KRISTV.com |

Also apparently the initial reports had the wrong last name listed for him.

 

[ZX9RCAM]

Also, apparently the reporter got some details mixed up.....

"CORPUS CHRISTI - A man arrested earlier this year for shooting a coworker's ex-wife outside a business on Ayers is now clear of all charges."

 

[txinvestigator]

Important distinction: a grand jury no bill does not equal "being cleared of all charges".

Double Jeopardy does not apply in Grand Juries. A person no billed today could be true billed (indicted) at any later date, within the statute of limitations.

I am not suggesting that will happen in this case.