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  • JADB

    Active Member
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    Nov 5, 2010
    634
    21
    DFW
    Saw this on the news last night. They stated that Mr. Smith was approaching the yard to retrieve his dog with his hands in the air and he yelled out, "if your going to shoot my dog, why don't you shoot me as well!" So he did. He obviously claims self-defense; at 25yds away? I'm curious to hear some of you guys responses and thoughts on this one. I don't personally think the man was justified in deadly force but being on his property this to me is a gray area as far as "legal" or "right".
     

    LilIrishTemper

    Active Member
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    Mar 20, 2011
    316
    1
    DFW - Sherman
    Yeah, I'm just guessing here, but I can see his lawyer play the "Castle Doctrine" card on this one. Just my 2¢. Now, if he was coming after me with a 9 iron, by all means fire away. Should be interesting to see how this one plays out.
     

    ryantx23

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    Jan 26, 2011
    81
    1
    North TX
    Saw this on the news last night. They stated that Mr. Smith was approaching the yard to retrieve his dog with his hands in the air and he yelled out, "if your going to shoot my dog, why don't you shoot me as well!" So he did. He obviously claims self-defense; at 25yds away? I'm curious to hear some of you guys responses and thoughts on this one. I don't personally think the man was justified in deadly force but being on his property this to me is a gray area as far as "legal" or "right".

    I'm a LEO and I can assure you that this was NOT a justified shooting. It wasn't even a justified shooting of the dog, let alone the human life that was taken over something so stupid. A lot of people are under the misconception that just because someone is on your property, it gives you the right to shoot and kill them for trespassing. That is NOT so. In order to use deadly force on someone, you have to be able to justify and articulate your actions. Had the golfer been charging the homeowner with a golf club for shooting his dog, yeah deadly force could have been an option. However walking towards someone, even pissed off with your hands up in the air and unarmed from 25 yards away does not justify using deadly force. There's no way this guy will get away with what he did.

    Senseless, stupid and tragic...
     

    ryantx23

    Member
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    Jan 26, 2011
    81
    1
    North TX
    Common sense is usually enough to keep someone on the right side of the law.... However, there are a lot of people out there lacking in that area! I feel for the guy for losing his wife recently, but that's NO excuse for what he did and he will pay for it rightly so.
     

    LilIrishTemper

    Active Member
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    0   0   0
    Mar 20, 2011
    316
    1
    DFW - Sherman
    It wasn't even a justified shooting of the dog.

    Senseless, stupid and tragic...

    Not trying to start an arguement with you but this happened in the unincorporated part of Denison. I also live in the unincorporated part and have had the same problem with dogs, coyotes, skunks with 3 kids in my house. According to Animal Control & the sheriff's Dept, they said since it was in the unincorporated part of town you are allowed to shoot the animal. Which I have done on two seperate occasions, I do give the SO a courtesy call in case someone reports gunshots.

    As to your second statement, I couldn't agree more.
     
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