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Old 06-21-2015, 12:16 AM
OldeTSgt OldeTSgt is offline
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Okay before I start this discussion I live in Texas and we have a Castle Doctrine

This morning I found my beautiful little palomino filly (14 months old) dead in her pen - we checked her out and found she had a small gunshot wound (17 or 22 cal) above her left eye - we have a rough idea when it happened

Around 9:30 pm our kennel dogs started raising hell (we can hear them from the house) but we thought it was the guy that rents the small house next to our kennel coming home - my wife said she heard gunshots (small caliber)

The scene shows that someone pulled in close to the pen - grass was laid down and this would be the perfect place to fire the shot - our filly was friendly and often would stand in that corner of the horse pen and hang her head over it - we believe that someone probably jack lighted her to make the shot.

Had I seen this I could have blocked the way out (only one road behind the pen) and had I done so - calling the police while I blocked the road - would this be okay - keeping my pistol out and hidden by the door frame in case he tried to ram my vehicle or otherwise tried to escape - on the right of the road is the horse pen on the left is a deep tank - hence why they had to turn around in the 20 or so feet from the road to the fence in the horse corral.

We waited to see for a hour or so in case they came back tonight - I have 3 other horses in the corral. In order to get to where we believe the shot was fired they have to come down a gravel road about 300 ft or so - so this is impossible for it to be an "accidental" shooting trying to poach a deer or something

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Old 06-21-2015, 12:43 AM
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Block the driveway? Sorry, they would be shot dead on sight. Castle doctrine means you can use nessecery force to protect life and property. Someone shooting your livestock means lethal force is used.
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Old 06-21-2015, 12:46 AM
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911 my ***.......................1911 for sure!
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Old 06-21-2015, 01:01 AM
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I actually sat on a jury in MI dealing with not the same thing but the same argument was made. The Judge informed us that there was absolutely NO STATUTE IN MICHIGAN FOR DEFENSE OF PROPERTY!!!! After the trial he spoke with us and asked if we had any questions. Explained that destruction of your personal property is a matter for civil court. U can't attack/accost someone for damaging your property. (This was damage to a vehicle and a fight ensued). Now seeing as your horse was shot i'm sure there were laws broken (In the laws eyes a criminal/police matter). Even castle doctrine is for defense of yours and others (HUMAN) lives. Yours and others states may vary. Now if said horse killer turned gun on you then it's fair game while they are on your property. I guess what I am saying and very poorly is u can't shoot someone for destroying your property. It is a police matter criminal wise and a civil matter money wise. DISCLAIMER: I AM NOT A LAWYER NOR HAVE EVER PLAYED ONE IN A MOVIE

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Old 06-21-2015, 01:27 AM
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Not sure what central Texas looks like but I'd be up on my roof with a flood light and something in 30 cal with at least a 08 behind it. A whole bunch of nails up and down the driveway wouldn't hurt but I live alone so I'd know where not to drive.

Seriously though I'd have motion activated flood lights up the driveway but still be up with something that means business even in Africa. A 375H&H up the tail pipe will get the point across

To me it sounds like a bunch of doofus' looking to kill something for a good time.

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Old 06-21-2015, 03:02 AM
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I'm sorry for the heartache, the anger and the edginess of knowing someone is out there, with a gun, capable of doing it again.

It is, as you say, your castle. Use every tool at your disposal to protect you and yours.

I pray he's caught.
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Old 06-21-2015, 03:13 AM
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Sorry for your loss. I was going to ask if you filed a report with the local police but you may be the local police...

Short of having evidence as to who committed the crime, it seems your only recourse is more security measures, like lighting and cameras. I don't know TX law in this regard but a legal opinion is probably easy to obtain in your situation. Finally, someone who is sick enough to shoot your animals may be capable of worse acts...stay safe.
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Old 06-21-2015, 03:16 AM
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Many western states have a different law regarding protection of livestock than they do for other sorts of "personal property" and you often have much more legal latitude in dealing with it. You might want to look into that. People who kill animals like that are often in the process of escalating and can turn out to be very dangerous indeed.
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Old 06-21-2015, 04:15 AM
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OldeTSgt,

There is an important flaw in this thread. You are asking people who live in other, mostly unidentified, states to inform you about local law. Pay attention to where members who respond are from and what legal expertise they have.

For example, in some states blocking the criminal in after he/she shoots another horse could get you prosecuted for kidnapping, false imprisonment or something along those lines. In your community you might get paraded through the streets as a hero ... or not.

That said, the first thing that comes to mind is a steel gate set in concrete that is strong enough that a large pick-up can not push it over. Cameras are great but only if you can get the sheriff to spend man hours on the crime.
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Old 06-21-2015, 05:30 AM
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I'm sorry for your loss. That's a low, low thing for a person to do.

I won't claim to know your local laws,

But I would advise against blocking them in if they reappear.
If the situation escalates, you want them to have an easy way out, for both legal and defensive reasons.

You don't want it to look like you either baited them in and trapped them, or that you were more concerned about killing them than saving your own life.
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Old 06-21-2015, 06:25 AM
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It's so sad that this is even a question. Coming on to a mans land should be all bets are off. But in this litigious society we live in, a man investigating a disturbance on his own property while armed is the bad guy.

Last winter was a bad one here in PA. One day, I hear shoveling in my driveway. I look outside and see a truck and two dirty looking people,'a man and a woman. I stick a gun under my shirt and step onto my porch. I td them to get off my property and the man said "you have to pay us for shoveling before we go". I start taking video with my phone and tell the guy that I have him and his girlfriend, and their truck's license plate, on video and it's not gonna end well for him if he takes another step. I never displayed my gun. They left.

But it's sad that if I had, that I would have been the aggressor because I left my house to tell two trespassers to get off my property.

As for calling the cops, in good weather they are an hour away. During a snowstorm, they're not showing up.
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Old 06-21-2015, 07:57 AM
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I too am sorry for your loss. I'm from NY and we do not have a castle doctrine. We may not use deadly force to stop a property crime except for arson of an occupied dwelling.

My thoughts are that someone went out of his way to destroy your horse and the shot did not come from a public roadway, ruling our a random act. Perhaps you may need to examine your social interactions during the past few months to ascertain if you may have pissed someone off badly enough for him to engage in an act of retaliation.
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Old 06-21-2015, 08:05 AM
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Quote:
Originally Posted by robertrwalsh View Post
Many western states have a different law regarding protection of livestock than they do for other sorts of "personal property" and you often have much more legal latitude in dealing with it.
Not an expert but this sounds plausible. And if any state had such laws, I'd think Texas would be one of them.
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Old 06-21-2015, 08:15 AM
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I was in police work in Washington - not Texas - Washington does not have a castle law - and you actually had a duty to retreat at one point - not sure if it is like this now - I have a vague understanding of castle doctrine.

I lease the farm - I train and kennel my dogs there - we have ran off people that are trespassing on the place (in a nice way mostly) - I have absolute right to be there - I often carry a gun - shoot squirrels, turkeys etc on the place there is one road to access the place one in the driveway it splits goes up the hill to the kennel in order to get to the stable you have to drive in take the road to a left drive past the live oak tree concealing shading the stable past the barn to make the shot and there is a small 20 to 30 ft grass strip between the stable fence and the deep tank they actually drove up the small incline and either turned around or fired the shot there - there is a area that looks like she fell there struggled up and moved another 10 ft to where we found her.

The police in my town are not very responsive and although I am sure they try - I have no suspects nor can I point them in any direction to go - in short reporting it would be not very productive

My understanding is that in Texas shooting a horse is a serious felony (don't think it is a capitol offense anymore though) that they have a firearm (they had just shot my horse) and that it was at night and that there would not be a reasonable expectation of the getting the criminals in custody - how am I gonna stop them otherwise - anyway just curious - her momma (horse momma) is heartbroken - she had just weaned her and Lacy stood there by her pen (we had separated them by putting the little horse in a smaller pen stall from her momma and the two geldings) and lacy stood there while we loaded her with an excavator and buried her - I am not very happy and neither is my wife - this was our first baby we foaled on the farm and a beautiful gentle filly
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Old 06-21-2015, 08:29 AM
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I'm not sure about the law in TX & I'm not an attorney, but I was a cop in VA for 30 years. A jury in my jurisdiction (politically liberal) might see this as escalating the situation needlessly when you could have called 911 (police response here is very good) and things might not go well for you.

The person who did this is a real low life and I hope they will be caught soon. Thanks for posting and good luck in prosecuting this bum.
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Old 06-21-2015, 08:29 AM
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A terrible situation. Still, educating yourself on TX state law and filing a report seems prudent. If you find trespassers again on your property who happen to have a .17 caliber rifle and they are arrested, that may be something the local police would have to act upon.
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Old 06-21-2015, 08:33 AM
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In Okla, I think animal cruelty can be filed as a felony, depending on the circumstances. In your matter, the shooting appears intentional and with other livestock present, who is to say that the killing would stop with the colt unless they were confronted? And who would be foolish enough to do that unarmed? My point is, I think most any jury (especially in Texas) would not convict you for using deadly force in this matter (stopping the threat). Of course my goal is to stay outta court in the first place but if I had to go, I'd certainly want acquitted.
As is always the case and I'm sure you're aware, internet legal advise can be a topic of conversation (as in this thread) but that should be all.
I am sorry to hear about your loss.
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Old 06-21-2015, 08:40 AM
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Sorry for your loss.

We had a case in MN involving property theft. A youth, in the process of turning his life around, took a purse by pistol whipping a little old lady. A legally armed gentleman attempted to recover the ladies purse. The youth objected and pointed the pistol at the gentleman, who drew and shot accurately. In MN, you are allowed to attempt to recover property, and can give chase. If the BG points a weapon at you, you may protect yourself. Two separate events, under our laws. The youths family objected, and his sister was really vocal. As she was tried as a participant in the robbery, we ignored her.

Apparently, under MN law, you can get between the BG and property. You can run him down and catch him to recover the property. If he pulls a weapon, it becomes self defense. A legally separate act.

Just guessing, but I would think that if you caught the misguided (expletive deleted) in the act, you could arrest him. If he objected and showed a weapon, you could defend yourself. If he just kept running, you would probably have to use 911.

We have similar acts in MN once in a while. There are a number of human behaviors I just plain don't understand.
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Old 06-21-2015, 08:44 AM
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Several years ago in my state, a man was convicted of murder for killing a man who was stealing his ATV. Best check your local laws.
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Old 06-21-2015, 09:02 AM
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I am not a lawyer or legal expert. It appears OldeTSgt is pondering whether or not he could have legally blocked the driveway to block the escape of the person who likely shot his horse? I think most of the other posts have opined that OldeTSgt could NOT have legally blocked the driveway to prevent escape and based on the below Texas Penal Code I would agree. If the perpetrator had been trying to flee with property then I think the phrase "from escaping with the property" would apply and it would have been legally justified to block him but since they were merely fleeing I doubt OldeTSgt would have been legally justified from blocking him on the driveway. On the other hand if OldeTSgt had blocked the perpetrator and no harm to them then I doubt OldeTSgt would have suffered any legal repercussions HOWEVER if the situation deteriorated and OldeTSgt had shot the perpetrator after blocking his exit who knows what legal trouble OldeTSgt may have faced?
According to Section 9.42 of the Texas Penal Code:
A person is justified in using deadly force against another to protect land or tangible, movable property:
1 - if he would be justified in using force against the other under Section 9.41; and
2 -when and to the degree he reasonably believes the deadly force is immediately necessary:
A. to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
B. to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
3 - he reasonably believes that:
A. the land or property cannot be protected or recovered by any other means; or
B. the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
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Old 06-21-2015, 09:04 AM
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The first thing you want to do is consult with an attorney familiar with self defense laws in TX to determine the legal limits of what you can and can't do.

At a minimum, you'll want to give this section a read and be sure you fully understand it:

PENAL CODE CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

------

Generally speaking, in most jurisdictions, the use of deadly force is not justified for the defense of property. The use of physical force is usually allowed, but the use of deadly force is usually either proscribed, or is limited by certain very specific conditions.

TX for example, has language at Sec. 9.42.(A) in the statute linked above to the effect that the use of deadly force is limited to preventing property from the crimes of "arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;" along with several other limiting criteria that must be met first.

In most jurisdictions confining an assailant longer than is necessary to ensure your own (or your family's) safety is generally not legal. An armed citizen is not a police officer and in most jurisdictions an armed citizen is not empowered to detain or apprehend a suspect if that suspect is trying to retreat/escape. You have to remember that in many jurisdictions even an aggressor regains HIS right to self defense if he is trying to retreat, and simply being a suspect in a crime does not automatically remove that right.

There was a recent video of a man detaining an attempted car jacker. It was apparently legal to do attempt to do that in his jurisdiction, but that's not the case everywhere. It's also likely that actually shooting him if he tried to escape would not have been justifiable.

In some states expressing your conditional intent to use deadly force "if necessary" and even producing a firearm to underscore the point does not rise to the threat or use of deadly force (and it extends to both parties). In other states, simply producing a firearm (often called brandishing) is enough to constitute a threat. It's important to understand the limits that apply in your particular state.

As alluded to above you also need to be familiar with whether you have a duty to retreat, and whether an assailant regains the right to self defense if he retreats or attempts to retreat. This is where shooting or threatening to shoot someone who is trying to disengage or leave your property can land you in a lot of trouble.

If your state has a castle defense law, know what it means and what the limitations are. For example, NC has a limited castle defense law that extends to your residence and your vehicle if someone enters your residence (not just your property) or your car, or tries to remove you from your residence or vehicle, the castle defense applies - but it's a limited form of castle defense with very specific limitations.

-----

As for police response time, the opinions you'll get in a urban area are a lot different than the opinions you'll get in a rural areas.

In general police departments have more of a "wait until we get there" approach, even though an 8 minute response time is considered good and a 12 minute response time is probably closer to the average. In suburban areas, its even slower. For example my security alarm at home went off while I was in a gun shop about 8 minutes away (I was notified by text of the alarm and the the security company also called me by phone.) I still arrived at home and had the house cleared (false alarm) before the police arrived - about a 15 minute response time.

Sheriffs departments are a lot more realistic given longer response times due to more rural settings, (and the fact Sheriffs are elected rather than appointed by liberal mayors) and will explain to you that they'll never arrive in time to prevent anything and that self defense is your responsibility.
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Old 06-21-2015, 09:12 AM
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I wish I hadn't clicked on this thread. My day began so well, but this puts a big dark cloud over it. I am so sorry to hear of your loss, just makes me incredibly sad, as I'm sure it does you. It seems there is no limit to human perversion and depravity.

I wish you had caught the person or persons who did this. Maybe you will. I hope so. Or maybe they'll come back and you'll be ready. Just take whatever steps you need to take to avoid any "laying in wait" type of scenario. All I can say is do what you have to do. I would. Whoever did this deserves to be taught a lesson, perhaps the last lesson of their miserable life.

I hope you never have to go through anything like this ever again.
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Old 06-21-2015, 09:14 AM
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Texas has the Special Rangers which investigate crimes against livestock and they take this kind of thing VERY seriously.

With regards to castle doctrine - you have the right to protect your property at night with deadly force (in daylight, it is just force alone). There are some special rules that apply to livestock and especially horses - you would be best to look up the most recent revisions as they tend to change over time.

I can say that if someone was actively harming MY animals (cows, horses, dogs) there would be no hesitation to intervene (911 response here is measured on a calendar, not a stopwatch) the individual(s) would NOT be free to leave and the end result would have to be based on his/her/their actions. I can say for certain that if their vehicle was actually on my property and has passed my barriers (fences cut, gates opened, ect) that it would remain right there until a court ordered me to return it (or I could borrow a backhoe and give it a proper burial - tools/instruments of a crime probably should be logged into evidence, but I would do my best to remove it from further use).

Now, back to the issue of the innocent equine - I have been around horses for the better part of my life. Some of them were more like family than most can realize. If I were to witness someone recklessly or maliciously shoot or injure one of mine, the police would be the least of their worries. I hope that you can track down the offending parties and make them subject to the fullest force of law both criminal and civil.

If you need help tracking down one of the special rangers, shoot me a PM (they should be easy enough to find through the SW Cattle raisers assn., or if all else fails contact the local TX Ranger's office - they will know what needs to be done).

....sorry for the long winded post - things like this really chap my rear. Be certain to read, re-read, and understand the use of force laws for Texas - you have lots of options, know what, when and how to employ them so that you stay on the correct side of the gray bars.

good luck, and I don't have any great words to make the grief less....
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Old 06-21-2015, 09:17 AM
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Do whatever TX law allows--no more/no less.
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Old 06-21-2015, 09:30 AM
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It would be best to consult with someone who is an expert in these matters. An attorney or even just dropping an email to someone like Massad Ayoob. With that being said, I think it ethical and prudent to avoid a confrontation if possible no matter what the law is where you live. You may do something you believe is permissible under your local law based on your interpretation of that law, but later learn your perspective was wrong or at least some authority(perhaps even federal) says you acted unlawfully and decides to charge you just to make an example of you for political reasons.
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Old 06-21-2015, 09:42 AM
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"Texas has the Special Rangers which investigate crimes against livestock and they take this kind of thing VERY seriously."

While true, unless you are a member of TSCRA,(Texas and Southwestern Cattle Raisers Association), don't hold your breath for these guys to even return your call. Don't get me wrong, the cattle rangers are good, well trained and professional, but they work for their members.

This is a hearbreaking story that makes me angry and frustrated at the senselessness of it. I'm sorry it happened to you.

Even if you think the local police are unresponsive or inept, I'd encourage you to report the problem anyway. The cops certainly can't address the problem if they don't know about it.
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Old 06-21-2015, 09:44 AM
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Sorry to hear about your filly, it takes a very special kind of sub human piece of filth to do something like this. It's also a fact that many serial killers start with domestic animals. So, whoever did this need to be caught and IMO it would be a good thing if they were killed while resisting detention.

Now, as I understand it Texas is unique in that it is the ONLY state that permits Castle Doctrine to extend to Property. So, in Texas you CAN use lethal force to defend your propertyy. However, not being either a Lawyer or Texas resident I would advise you to confirm this. Here in Michigan we also have Castle Doctrine but it specifically only allows someone to use lethal force to protect the People within a home or business.

So, what to do.

First, motion detectors and cameras are now very affordable in comparison to the value of that filly of yours. In fact you could probably put in a pretty advanced system with high resolution cameras for your feed costs of a year or two. So, step one is to install an alert and monitoring system. Because the odds are quite good that monster will be back.

Second, after confirming that I am correct about Texas permitting the use of lethal force to defend your property I would go to a potential confrontation well armed. My choice would be the AR15 in 300 Blackout I just finished putting together. The larger bullets at 900-1200 ft.lbs of energy in combination with reliable 30 round magazines makes this a nearly ideal intermediate and short range defensive weapon. What you get is a hard hitter that will only carry about 500 yards maximum when fired at level. I would also take some heavy duty zip ties for use in the event this monster decides to surrender. Note, if he does surrender it will be best to have one person to to the zip ties and another to keep him covered. I'll also advise you to pull those zip ties good and snug, because you won't want him to be able to squirm loose. Naturally, if he decides to try and shoot it out you are then free to demonstrate your choice of superior firepower and superior firearm skills.

Finally, if this person does surrender it will probably take some time for the police to arrive. Personally I would spend that time verbally expressing the various means that I could use to make this monster completely disappear.
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Old 06-21-2015, 11:06 AM
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Some states allow for a "citizens' arrest" of someone caught in the act of a felony.
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Old 06-21-2015, 11:21 AM
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Put up cameras, good cameras and watch your dogs
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Old 06-21-2015, 12:40 PM
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Default Texas Law on Force and Deadly Force to Protect Property

SUBCHAPTER D. PROTECTION OF 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.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
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Old 06-21-2015, 01:37 PM
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This doesn't sound like a random act - it sounds like revenge.

Have you done anything in the last couple of years to anyone that could have led to the shooting of your horse? Evicted a tenant, reported a drug dealer, called the police to remove trespassers, etc.? If so, you might want to pass that information along to the police investigating this incident.

If you encounter an armed person on your property at night, I'd be real surprised if Texas required you to read his mind or allow him to shoot at you or your livestock before you defended yourself. It might be prudent to first order the armed person to drop his weapon, but you don't have to give him five minutes to think about it.
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Old 06-21-2015, 02:10 PM
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" to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime "

I would definitely consider shooting livestock at night " criminal mischief during the nighttime". My advice would be to talk to a lawyer on the subject and know what you can and can't do to protect your family and property.
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Old 06-21-2015, 03:42 PM
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Discharging a firearm on my property will result in immediate defensive action. I can't afford to place my family at risk of another shot. However, I probably wouldn't attempt to block their escape. My sincere condolences on your loss
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Old 06-21-2015, 04:16 PM
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The problem with trying to apply a situation to a certain set of statutes, unless you are an attorney or otherwise schooled in this area, is that courts of appeals have subsequently defined what those terms do and do not mean, and the end resulting definitions, in my humble experience, often surprise and confuse the average Joe . . .

Talk to a good lawyer
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Old 06-21-2015, 06:27 PM
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I actually sat on a jury in MI dealing with not the same thing but the same argument was made. The Judge informed us that there was absolutely NO STATUTE IN MICHIGAN FOR DEFENSE OF PROPERTY!!!! After the trial he spoke with us and asked if we had any questions. Explained that destruction of your personal property is a matter for civil court. U can't attack/accost someone for damaging your property. (This was damage to a vehicle and a fight ensued). Now seeing as your horse was shot i'm sure there were laws broken (In the laws eyes a criminal/police matter). Even castle doctrine is for defense of yours and others (HUMAN) lives. Yours and others states may vary. Now if said horse killer turned gun on you then it's fair game while they are on your property. I guess what I am saying and very poorly is u can't shoot someone for destroying your property. It is a police matter criminal wise and a civil matter money wise. DISCLAIMER: I AM NOT A LAWYER NOR HAVE EVER PLAYED ONE IN A MOVIE
You are correct about Michigan law, but the State of Texas DOES allow protection of property with lethal force.
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Old 06-21-2015, 07:12 PM
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Castle Doctrine or not, you shoot my horses and your *** belongs to me.
Shoot quick and dig deep.
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Old 06-21-2015, 07:36 PM
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Quote:
Originally Posted by Muss Muggins View Post
The problem with trying to apply a situation to a certain set of statutes, unless you are an attorney or otherwise schooled in this area, is that courts of appeals have subsequently defined what those terms do and do not mean, and the end resulting definitions, in my humble experience, often surprise and confuse the average Joe . . .

Talk to a good lawyer
You may also find clarification letters and summaries of relevant court rulings on state police or state attorney general websites. Those can often be very instructive.
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Old 06-21-2015, 07:39 PM
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Quote:
Originally Posted by 16thVACav View Post
This doesn't sound like a random act - it sounds like revenge.

Have you done anything in the last couple of years to anyone that could have led to the shooting of your horse? Evicted a tenant, reported a drug dealer, called the police to remove trespassers, etc.? If so, you might want to pass that information along to the police investigating this incident.
It does sound like there is more to this story than we know here.
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Old 06-21-2015, 07:47 PM
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Sir, you have my deepest sympathies. A great sadness is upon us.
You have been given plenty of advice, I have nothing to add, other than my prayer.
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Old 06-21-2015, 07:56 PM
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I move my horses each night to my back pasture just to get them out of sight. I just don't trust people's behavior. You mess with my horses I will do everything I can to dole out justice to you. So sorry for loss. Horses are noble animals and should be treated with respect.
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Old 06-21-2015, 08:48 PM
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It does sound like there is more to this story than we know here.
I am a dog trainer - all my clients are pretty happy with me - I have run some trespasser off but in a mostly nice way - did not call the police - I keep to myself and mind my own business -

Why anyone would do that to this little horse is beyond my comprehension

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Old 06-21-2015, 09:00 PM
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Just FYI....trespass with a firearm is a Felony in Texas (day or night, that is part of the new'ish laws against poaching). I would not hesitate to confront an armed individual on MY land day or night. We can still hang horse thieves and cattle rustlers here - shooting them is a waste of a good round

Any confrontation of an armed person (whether they are knowingly committing a crime or not, is a risky endeavor - USE YOUR COMMON SENSE - take cell phone video and audio and stay out of range is the best bet - BE A GOOD WITNESS, cadavers are not very good witnesses)
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Old 06-21-2015, 09:06 PM
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"While true, unless you are a member of TSCRA,(Texas and Southwestern Cattle Raisers Association), don't hold your breath for these guys to even return your call. Don't get me wrong, the cattle rangers are good, well trained and professional, but they work for their members.
They are commissioned PEACE OFFICERS in the State of Texas, they can not serve only a PRIVATE interest. They can, and do, investigate any crime within their jurisdiction (and that DOES NOT include just the T&SWCRA membership).

Any sworn officer who refuses to do their duly sworn duty is subject to disciplinary action through the TX Commission.
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Old 06-21-2015, 11:03 PM
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Quote:
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They are commissioned PEACE OFFICERS in the State of Texas, they can not serve only a PRIVATE interest. They can, and do, investigate any crime within their jurisdiction (and that DOES NOT include just the T&SWCRA membership).

Any sworn officer who refuses to do their duly sworn duty is subject to disciplinary action through the TX Commission.
Without getting into any particular disagreement, or drifting this thread too far, I'll just say, respectfully, that our experience and impressions of what TSCRA rangers do, clearly differs.
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Old 06-22-2015, 01:05 AM
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This is something an attorney or the local police/sheriff should answer. I try not to get my legal advice or shoes from the Internet.
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Old 06-22-2015, 03:54 AM
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Aloha,

Words can not express my feelings about your loss.

I will be sending this to my Wife.

I know what her reaction will be.

Please take necessary security measures to protect your castle against future intrusions.

I agree with other posters as to reporting what happened to police and a serious discussion should be had with them to clarify your rights and the use of (deadly) force.
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Old 06-23-2015, 04:21 PM
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Besides the very good advice to notify local authorities of the crime and to consult competent legal advisors, I'd suggest you also do so with respect to the term "Castle Doctrine".

In a great many states, that simply restricts the local prosecutors ability to turn justified defensive use of deadly force into homicide. It doesn't turn the home owner into judge, jury and executioner as some believe.

Last edited by WR Moore; 06-23-2015 at 04:22 PM.
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Old 06-23-2015, 08:09 PM
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I would absolutely contact TP&W. Right away. This is a violation of numerous laws, and the Game Wardens LOVE to track down poachers. If these knuckleheads will kill a pony they need the DPS on their butts, pronto.
I'm madder about this now that I'm done with the tears. This makes me hotter than 2 dollar pistol.
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Old 06-23-2015, 10:57 PM
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Okay - no where in my original post did I say I wanted to shoot anybody only block the only way out of the property while calling the police and waiting for them to arrive.

I did say that I would have my pistol out and hidden in case he tried to ram my vehicle thereby escolating it to a possible use of deadly force against me -
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Old 06-23-2015, 11:35 PM
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Okay - no where in my original post did I say I wanted to shoot anybody only block the only way out of the property while calling the police and waiting for them to arrive.

I did say that I would have my pistol out and hidden in case he tried to ram my vehicle thereby escolating it to a possible use of deadly force against me -
Well, you certainly have me wanting to shoot someone. There is no excuse for this.

Somewhere close to you is the answer. I agree with the others who have said this wasn't random.

As far as blocking the road, if you are on my property uninvited and fire a shot, you'd best do everything I tell you, exactly as I tell you, or your life of crime will be over.

And don't be caught after you intentionally shot my horse. You'd occupy the same hole.
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