Houston Taqueria Customer Kills Robber

[SuperMan]

...very lucky guy.

 

[Valmet]

This is good news indeed…

 

[Bald1]

And it turned out to be a fake gun. Criminals are indeed stupid. Nice that the citizens get to decide by a 2/3 majority wether or not charges are filed. It eliminates the political actions of a DA. Well done Texas !

 

[Borderboss]

People are clearly finally fed up with all the uncontrolled crime and are ok with someone dealing with it. Good job.

 

[Bill In Texas]

Sad that he had to live with it for a year though. But, alls well that ends well!

 

[John Patrick]

The last shots where the perp was on the floor not moving are problematic, as is the fact that the shooter left the scene. Killing to prevent the robbery would be legal under TX law; killing to prevent escape or pinishment not so much. Remember, 'turn it on' to meet the threat, 'turn it off' when there is no threat.

Here is the Texas Criminal Pattern Jury instruction that applies:

To decide the issue of prevention of a felony, you must determine whether the state has proved, beyond a reasonable doubt, two elements. The elements are that—

1. the defendant's use of force was not immediately necessary to protect the defendant against [name]'s use [or attempted use] of unlawful deadly force; and

2. the defendant's use of force was not immediately necessary to prevent [лате]? imminent commission of [aggravated kidnapping/murder/sexual assault/aggravated sexual assault/robbery/aggravated robbery].

You must all agree that the state has proved, beyond a reasonable doubt, both elements 1 and 2 listed above.

If you find that the state has failed to prove, beyond a reasonable doubt, both elements 1 and 2 listed above, you must find the defendant "not guilty."

If you all agree the state has proved, beyond a reasonable doubt, each of the elements of the offense of [insert specific offense], and you all agree the state has proved, beyond a reasonable doubt, both elements 1 and 2 listed above, you must find the defendant "guilty."

Reasonable Belief

"Reasonable belief" means a belief that an ordinary and prudent person would have held in the same circumstances as the defendant. CPJC 35, found at Full text of "Texas Criminal Pattern Jury Charges—Criminal Defenses 2018, edition"

Under those jury instructions, which do not address once a threat may have ended, the hero is clearly not guilty.

I'm not familiar with TX's post use of "lethal force" law, but, imo, if one is justified in using lethal force, one is justified in using lethal force, and so the, perhaps, late shots are irrelevant.

I'll also point out that dead is dead, and the prep appears dead as a door nail after shot #4, and so any additional shots are also irrelevant. One cannot injure or kill a dead man.

Fwiw, if an otherwise justified shooter puts a finisher into a downed perp, worried that the perp would be out of jail pdq on bail rather than locked up awaiting trial, I'm ok.

 

[steelslaver]

All his actions when he started shooting could be covered by fear for his life, then after the guy is down, fear changing to Post Dramatic Stress. When he discovered the fake gun, he then feared the legal results of shooting a guy with as fake gun. He was under a tremendous amount of mental stress and failed to think clearly ladies and gentlemen of the jury.

It is real easy to BELIEVE you would make calm and rational decisions during a period of extremely high stress, but very often that is NOT the case and people do some really strange stuff.

I have seen some people do some pretty odd stuff when the SHTF and shortly there after.

The robber played a stupid game and won a stupid prize.

You wouldn't have got a guilty vote outta me.

End of story

 

[cadmike]

I'm gonna go get a taco.

 

[John Patrick]

I'm gonna go get a taco.

Go strapped!

 

[AudieMurphy]

Maybe the Houston police wants to talk to the individually to ask him if he was interested in a job. as for the last shot...could of been a hang fire, lucky the gun was pointed in a safe place

 

[steelslaver]

...very lucky guy.

Only in the fact that he lived where he did. But, those of us who chose to live in locations where the laws are still applied with some common sense do not regard it as luck. We call it actual justice. I am quite sure if someone pulled that kind of robbery around here and someone thoroughly ventilated the perpetrator, they wouldn't look very hard for a reason to charge the citizen who did the ventilating or get to worried about the exact details.

The FACTS

#1. the guy walked into an establishment and threatened the innocent people inside. EVERYTHING after he does that is HIS FAULT

#2 He is dead and everyone else is fine.

He got what he had coming and around here everyone would be good with that. I moved back here 14 years ago, in those 14 years there have been exactly ZERO armed robberies. Somehow I think all this might well be a good part of the reason why.