Woman indicted in fatal shooting after traffic accident - Houston

[Gramps]

Thank you Matefrio. I did read that but did not interpret that section as allowing "brandishing". Let it be known I am no lawyer and my definitions may be wrong!

 

[matefrio]

Hmm. I'm honestly not sure how that would go, Angelia.

Much better than if you stopped for a threatening person.

 

[alexrex20]

Leaving the scene of an accident could be a misdemeanor or felony depending on how much damage was caused. I would much rather fight a misdemeanor in court than be dead.

 

[txinvestigator]

Thank you Matefrio. I did read that but did not interpret that section as allowing "brandishing". Let it be known I am no lawyer and my definitions may be wrong!

Texas does not have a brandishing law. Chapter 9 does allow a person to use the threat of force when the use of force is justified. In the proper situation, the threat to use deadly force by producing a weapon is nother deadly force. I can think of many situations where one would display their handgun justifiably when there is no justification to shoot.

 

[txinvestigator]

Soooo, as a woman if a man is beating on my window, and trying to get my car door open...do I, our dont I have the right to shoot?

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Sorry to be vague, but depends on the totality of the circumstances.

 

[txinvestigator]

Without reference to any disagreements in this thread or referenced herein, I'd just like to say that the last time I flipped the bird at another driver (Dadgummit, his inattention and ridiculously extra-legal speed had just nearly killed 3 people!), I got a shotgun emptied in my general direction.

.

 

[stdreb27]

If you have a gun in the car your middle finger also needs to be concealed as well.

Holstering the middle finger may be the difference between jail and freedom after use of deadly force.

IF your incident had gotten to the point where you had to defend yourself with ANY deadly force, due to your middle finger,you may lose justification for use of force

This!

 

[Wild hair]

I vote try to drive off first.

Absolute avoidance of the situation, is always the 1st choice, stand and fight, if all other options are removed from equation....
We are in agreement, even if it means driving to the closest police station!

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[txinvestigator]

In that situation, I say draw first, give the person one verbal warning (something along the lines of "back the **** off or you're gonna get shot"), and if the person is still being aggressive, then you'd be well within your rights if you put onr in their chest.




Please, God, tell me that shotgun thing is an exaggeration... If not, then I hope the bastard got arrested for it.

Remember that your "rights" in this case are a defense to prosecution. Shooting someone is a crime. If you meet the requirements of chapter 9, then you have a defense as to why you should not be criminally responsible.

An unarmed guy? Give him a face full of pepper spray.

 

[Wild hair]

Remember that your "rights" in this case are a defense to prosecution. Shooting someone is a crime. If you meet the requirements of chapter 9, then you have a defense as to why you should not be criminally responsible.

An unarmed guy? Give him a face full of pepper spray.

Really? (I know, I know) but if a man is coming at me....dont I, as a member of the weaker sex, have the right to pop a cap in the idiot? Why did I get my chl if all I can do is use pepper spray?


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[Doc Roe]

Remember that your "rights" in this case are a defense to prosecution. Shooting someone is a crime. If you meet the requirements of chapter 9, then you have a defense as to why you should not be criminally responsible.

An unarmed guy? Give him a face full of pepper spray.

I prefer stun guns or tasers to pepper spray/mace, personally. Less risk of accidentally nailing yourself if the wind shifts, plus that crap would probably kill me anyway with my asthma.

But yeah, lethal force is always the last option.

And for clarification, when I answered WH's question, I assumed a worst-case scenario where driving off and other non-violent solutions had failed and the cops are still a few minutes away.

 

[txinvestigator]

I prefer stun guns or tasers to pepper spray/mace, personally. Less risk of accidentally nailing yourself if the wind shifts, plus that crap would probably kill me anyway with my asthma.

But yeah, lethal force is always the last option.

And for clarification, when I answered WH's question, I assumed a worst-case scenario where driving off and other non-violent solutions had failed and the cops are still a few minutes away.

In regards to intermediate force; stun guns are not effective. They cause local pain only, and not that bad, really. Yes, I am goofy and have "played" with them. TASERs, on the other hand, do work. My issue with them for civilian use is the expense and it's a one shot tool.

 

[Doc Roe]

Which is where crazy things like the X-REP come in handy (I think that's the name of it, may be wrong). IIRC it's the immobilizing effect of a TASER combined with the BFT of a rubber slug, packed into a standard 2-3/4 inch shotgun shell. Pity it hasn't really caught on yet last I checked.

 

[txinvestigator]

Which is where crazy things like the X-REP come in handy (I think that's the name of it, may be wrong). IIRC it's the immobilizing effect of a TASER combined with the BFT of a rubber slug, packed into a standard 2-3/4 inch shotgun shell. Pity it hasn't really caught on yet last I checked.

That thing is awesome.

 

[Doc Roe]

Agreed. IMHO, it'd be one of the best possible options for a home defense shotgun. Keep an X-REP chambered, then a load of low-recoil/low-power buckshot, and you're basically set.

Hijack over now, back on-topic.

 

[General Zod]

Much better than if you stopped for a threatening person.

I was referring to legal consequences if she was in a situation such as the one in the news article - accident has happened, no idea if the woman's vehicle was drivable so she may not have had an option to leave anyway...but legally, if you leave the scene and are on 911 with an operator, would you still be cited for leaving the scene? You may not be able to prove that you felt your life was in danger if you don't have witnesses saying the guy was trying to get in the car.

 

[benenglish]

Please, God, tell me that shotgun thing is an exaggeration... If not, then I hope the bastard got arrested for it.

No, it's not an exaggeration. No, the guy didn't get arrested. He just threw birdshot from a distance much too far away to be effective then drove off. It was also way out in the sticks and 1978, well before cell phones. A couple of hours passed before phone calls could be made and someone with a badge could arrive. By then, there was basically nothing they could do.

I felt right, justified, ethical, moral and it was probably legal for me to demonstrate my displeasure with the way the other driver had nearly caused an accident. However, I decided that being on the side of the angels isn't a good enough reason to do something that could cause another (irrational) person to try to send me along the path to joining them.

 

[TheDan]

If you imagine flipping the bird at someone will not enrage them then I don't know what to tell you.

That's a bit silly... I've been flipped the bird many times and I've never popped off in a fit of rage. Getting told you're #1 isn't justification for use of force either.

Smiling at them, then waving to them pisses them off the most.

lol, yeah.... That's what I generally do. The more pissed off they get, the more I laugh.

 

[Doc Roe]

No, it's not an exaggeration. No, the guy didn't get arrested. He just threw birdshot from a distance much too far away to be effective then drove off. It was also way out in the sticks and 1978, well before cell phones. A couple of hours passed before phone calls could be made and someone with a badge could arrive. By then, there was basically nothing they could do.

I felt right, justified, ethical, moral and it was probably legal for me to demonstrate my displeasure with the way the other driver had nearly caused an accident. However, I decided that being on the side of the angels isn't a good enough reason to do something that could cause another (irrational) person to try to send me along the path to joining them.

Oh, it was the 70s... 'Nuff said right there :P

 

[TheDan]

This is the one I got. Amazon.com: 2.5-inch HD Car LED IR Vehicle DVR Road Dash Video Camera Recorder Traffic Dashboard Camcorder - LCD 270 degrees whirl: Car Electronics

It's designed to be mounted inside the vehicle right? Do the IR LEDs actually do anything then? As soon as the IR hits the windows it would just reflect back and blind the camera.