Technically, based on the law, yes, that would be legal.
Once Again, Killing Thieves has Consequences
- Thread starter biku324
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Technically, based on the law, yes, that would be legal.
bulletslap
Member
I see a “ Beer desert”’ in this area of Dallas.
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OP
Good luck with that in court, and he's going there or he wouldn't be in jail. Glad it's not me.
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Back in the 60's when the Watts riots took place the only stores which were not looted were the ones where the store owner stood in the doorway with a loaded shotgun, rifle, pistol. Strange isn't it?? Same thing happened with the Rodney King riots.. In every case where riots took place (expect for the ones last year) a loaded firearm stopped the looting, and nobody was charged with a crime for protecting their property. Fastest way I know to stop a riot is to stack up the bodies.
I saw a totally fair and unbiased politician, he had his hand in his own pocket.
I saw a totally fair and unbiased politician, he had his hand in his own pocket.
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We've been through this.
The law is the law and the specific code(s) have been cited, under the law it is legal.
OP
It's truly nothing to me. Let's see what the outcome is over the several months.
Beemer-mark
Member
Whatever the real facts of the case the "Hill" from which this story is based on is a left leaning anti-gun rag. So I don't believe much they report. I read left leaning sites like the NYT, NPR, CNN, just to see what color glasses they see the woorld n today.
mscampbell2734
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According to the section your quoting no, you can NOT. You can shoot ROBBERS, not thieves.
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Probably rustlers!
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I think the clerk's problem is, an employee, it was not his personal property.
From an actual Texas lawyer's website:
Texas Law - Deadly Force Defense of Property - CCW Safe National | CCW Safe Weapon Liability | CCW Safe Defense Attorneys
Look up the case of Joe Horn. Shot a thief crawling out his neighbors window. After that my neighbors and I all gave each other written permission to defend each others homes. We called it the "Joe Horn Rules".
As a sidebar Joe Horn got off but it totally ruined his life.
From an actual Texas lawyer's website:
Texas Law - Deadly Force Defense of Property - CCW Safe National | CCW Safe Weapon Liability | CCW Safe Defense Attorneys
Look up the case of Joe Horn. Shot a thief crawling out his neighbors window. After that my neighbors and I all gave each other written permission to defend each others homes. We called it the "Joe Horn Rules".
As a sidebar Joe Horn got off but it totally ruined his life.
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It's a crime . Don't believe everything you read .
An inmate escaping from a prison stands a good chance of being shot in the back from the tower guard .
I was in a 1974 gunfight where one suspect was running away and shooting over his shoulder at pursuing officers. One cop shot him in the back and he turned up the next day @ a local ER seeking treatment for his GSW. Justified!
Marshal Tom
Member
It will be interesting to see how this washes out. Those who posted about knowing your states statutes regarding use of deadly force are completely correct as well as other states where you might travel armed. It occurred to me how often you see news outlets totally misstate the law while reporting which does nothing to assist the uneducated or uninformed make the correct decisions regarding these matters. They often refer to robbery when the crime is clearly theft or shoplifting, burglary when it is a case of theft of property or breaking and entering when it is a case of a home invasion. There are those who believe everything they see on the news. The bottom line is that unless you are someone else is in fear of eminent serious bodily harm, you best rethink applying deadly force.
OP
The Hill is a center-to-slightly right-leaning outfit, but in any case, here's where they got their info:
https://www.star-telegram.com/news/nation-world/national/article253280283.html
A Texas gas station clerk has been arrested and charged with murder after following a pair of shoplifters into the parking lot and shooting at them Wednesday night, according to Dallas police.
The clerk, 23-year-old Delon Johnson, called police, saying he had shot at two men. Officers arrived at the business along the 400 block of North Zang Boulevard around 11 p.m., DPD said.
According to investigators, the two men entered the 7-Eleven where Johnson was working and stole four cases of beer. Johnson followed and confronted them outside their vehicle, demanding they give the merchandise back.
Johnson then opened fire on the alleged beer thieves, fatally wounding one of them as they tried to escape.
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jlemay69
Member
Works in Texas after the sun goes down the rules change.
Oldsalt66
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The Florida Statues disagree:
CHAPTER 776
JUSTIFIABLE USE OF FORCE
Statutes & Constitution
:View Statutes
:
Online Sunshine
You need to read the statute more carefully.
I know what the law is in Texas. To paraphrase Dr. McCoy in Star Trek, "Damn it, Jim, I'm a Texas lawyer!"
"In defense of others" presumes that "others" are apparently threatened with deadly force. "Robbery" generally includes force but even then you have to be careful about your use of deadly force although, as a general thing in Texas, your fear of deadly force is sufficient to justify your own use of it.
The Penal Code is the Penal Code but, seriously, all the rest is commentary, and the commentary is what you tell the police when they arrive, and the speculation on Forums like this one, of course.
As the scenario is described herein, the shooting is completely unjustified.
