You're on private property, *Beep*

[texas skeeter]

you have a point TC. cause im rude,direct and an a$$hole everyday!!

 

[MR Redneck]

How do I know he was an asshole? I saw him being one on live TV! His actions weren't "reasonable" as per texascop2's explanation, and if I sat on the jury I would convict him of assault and battery on the cameraman.

He was not being threatened, and it was only a matter of a second or two between when he told them to leave until he physically assaulted them. That is not "reasonable;" it's excessive and for that I know he's an asshole. I understand his irritation, but his actions were uncalled for!

It's similar to the guy who ran down the street shooting at a van because of some stolen shingles. Seriously, I understand the right to defend your property; but do you really consider this a reasonable response? Someone gets lost and accidentally drives down a dirt road that's on private property, is it reasonable to yell and start attacking them, or does it make more sense to inform them of the situation and give them time to leave? How long is reasonable? A minute? Two? Can you shoot them after three?

By the way, no one could hear the female news anchor's comments other than Marvin through his earpiece, it had nothing to do with the actual incident.

But man??? It's his property, so he can be whatever it is that floats his boat..
The parking lot in front of my place seems to be a public restroom for all the drunks. Does it mean Im a asshole because I have a parking lot sprinkler system? I have even been questioned by the laws about it...
The sprinklers help wash the parking lot off while the drunks are peeing on it!
Asshole or Not, it's my place and if people dont want to get soaked, PEE SOMEWHERE ELSE!!!
Kinda the same thing I say.
So, if you choose to allow people to run all over your property, Im cool with that because it's yours. The decissions others make are just as good because it is their decission to make.
What will we become if we cant controll the activity on our own private property?

 

[MR Redneck]

you have a point TC. cause im rude,direct and an a$$hole everyday!!

True, True...

 

[jocat54]

How do I know he was an asshole? I saw him being one on live TV! His actions weren't "reasonable" as per texascop2's explanation, and if I sat on the jury I would convict him of assault and battery on the cameraman.

He was not being threatened, and it was only a matter of a second or two between when he told them to leave until he physically assaulted them. That is not "reasonable;" it's excessive and for that I know he's an asshole. I understand his irritation, but his actions were uncalled for!

It's similar to the guy who ran down the street shooting at a van because of some stolen shingles. Seriously, I understand the right to defend your property; but do you really consider this a reasonable response? Someone gets lost and accidentally drives down a dirt road that's on private property, is it reasonable to yell and start attacking them, or does it make more sense to inform them of the situation and give them time to leave? How long is reasonable? A minute? Two? Can you shoot them after three?

By the way, no one could hear the female news anchor's comments other than Marvin through his earpiece, it had nothing to do with the actual incident.

I think I have to agree with majormadmax on this one. I think a little more time to retreat would be reasonable.

Sure seems to be a lot of bada$$'s around.

John

 

[M. Sage]

One other thing that's being overlooked here is that they were using his property, without permission let alone compensation, in a commercial venture. They were making money standing there.

reasonably being the key word. You cant legally beat the shit out of someone for not leaving fast enough. Keep reading through chapter 9 and it gets more detailed. Dont get me worng, we all have lots of rights when on our property. The news crew was out of line just inviting themselves to his place, but causing serious bodily injury or death becasue they arent leaving your yard fast enough wont fly.

No, but when they, like this news crew, simply stand there in the face of being told to leave and try to act like they haven't been told to leave, that's when the escalation comes into play according to the law.

There's also a law against assault, and I don't see any exceptions for being on private property.

I posted it. The exception is when you have a trespasser who digs in his heels at being ejected. If you tell them to leave and they don't, you can make them leave through a reasonable use of force. I'd stick to an LE style force continuum personally. Be kind of hard to call that unreasonable.

 

[M. Sage]

I think I have to agree with majormadmax on this one. I think a little more time to retreat would be reasonable.

Sure seems to be a lot of bada$$'s around.

John

Going by their immediate reaction, they don't seem to have been planning on leaving. It was pretty apparent that they planned on finishing what they were doing at the minimum.

 

[Texan2]

One other thing that's being overlooked here is that they were using his property, without permission let alone compensation, in a commercial venture. They were making money standing there.



No, but when they, like this news crew, simply stand there in the face of being told to leave and try to act like they haven't been told to leave, that's when the escalation comes into play according to the law.



I posted it. The exception is when you have a trespasser who digs in his heels at being ejected. If you tell them to leave and they don't, you can make them leave through a reasonable use of force. I'd stick to an LE style force continuum personally. Be kind of hard to call that unreasonable.

agreed. my point was directed more to the "if they are trespassing, shoot them" crowd

 

[TexasRedneck]

I think that was kinda someone spoutin' off....then again, ah'm rememberin' some of the garbage the media loves to post against guns.......

hmmmmmmm............<G>

 

[M. Sage]

agreed. my point was directed more to the "if they are trespassing, shoot them" crowd

I figured some of it was directed at me. I definitely wasn't saying that I'd go out and simply work the "camper" over with a bat. But if he resisted every other attempt, it would probably end up there.

 

[Texan2]

i agree with your force continuum suggestion....should be pretty safe with that. And most people will flee before you get too far up that scale.

 

[MR Redneck]

agreed. my point was directed more to the "if they are trespassing, shoot them" crowd

I think most people understand you cant shoot somebody for simply trespassing. What their doing while trespassing determines those actions.
HaHa, one time I had a Rancher lady stop me at gun point to simply ask " What are you doing on my property"!!! I said, the same thing I do everytime im on your property!!
I thought it was funny. Must have been something in the air???

 

[OldCurlyWolf]

"Tell him that's assault, don't touch you" hahaha

That is Criminal trespass. Removing them from his property after being told to leave is NOT assault.

Idiot Newsie.

 

[Alamo Ann]

Maybe, just maybe, the property owner thought the progressive leftist media was video taping something only God, the property owner, and an LEO officer with a warrant have the right to see if y'all get my drift.............so how 'bout those Mavs?

 

[SpikeSpiegel]

That is Criminal trespass. Removing them from his property after being told to leave is NOT assault.

Idiot Newsie.

haha yeah +1

 

[Texas1911]

There's also a law against assault, and I don't see any exceptions for being on private property.

Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

At the point they did not immediately leave, they then justified the above.

I'm sorry, but the news crew should have asked permission. He might have been completely open to them doing so, but I would have acted in the same manner when they decide to just do whatever they want.

 

[texas skeeter]

I would have acted in the same manner when they decide to just do whatever they want.

so you would have thrown the F-bomb on live T.V. and proceeded to grab/shut down their camera?? just curious..or would you have given them a few more minutes to pack up and leave?? cause no one really knows what happened in this video other than a so-called property owner walking up and asking them to leave and seemed to grab/shut down their camera all in about 60 seconds.

 

[ZX9RCAM]

That is Criminal trespass. Removing them from his property after being told to leave is NOT assault.

Idiot Newsie.

Winner Winner Chicken Dinner.....

 

[Texas1911]

so you would have thrown the F-bomb on live T.V. and proceeded to grab/shut down their camera?? just curious..or would you have given them a few more minutes to pack up and leave?? cause no one really knows what happened in this video other than a so-called property owner walking up and asking them to leave and seemed to grab/shut down their camera all in about 60 seconds.

From what I saw ... he walks up ... tells them to leave, and they then proceed to blow it off and continue, at that point I would have probably told them in rather colorful language and in a loud tone to leave or I was calling the police to remove them.

 

[texas skeeter]

From what I saw ... he walks up ... tells them to leave, and they then proceed to blow it off and continue, at that point I would have probably told them in rather colorful language and in a loud tone to leave or I was calling the police to remove them.

just for the record i would have proceeded the same way. and i really didnt think you'd get all commando on a news crew!! unless of course they were stealing your cows or something...

 

[Fisherman777]

Winner Winner Chicken Dinner.....

LOL