sipowicz
Member
I'm sure in Texas, cloudy counts as darkness....
Let them have the bike, is property really worth risking your life for? That's what insurance is for.
We have "stand your ground" in Florida. And as far as the "legal expense, etc," if a DA is silly enough to prosecute me on something like this, then he can pay the bills; I'm not going to pay for his political aspirations. Let him consider the political ramifications of trying to railroad an honest citizen protecting his property. I let the Lord handle this stuff for me, we've been in a courtroom together before. Flapjack.
The Lord helps those who help themselves. If you wanna go to court to face some sort of murder or manslaughter charge with just yourself or a public defender (think low bidder) as your only legal defense, God help you- you'll need it. Better take the whole thing very seriously-- you wouldn't be the first honest citizen to be convicted on what most of us would consider trumped-up charges.
IMHO if you can kill someone (even in defense of your life) and NOT be troubled by it afterward, there's something wrong with your head.
I think there is some confusion about exactly what the Castle Doctrine does in Texas. It does not give you the right to use deadly force if someone is stealing your car, boat, bike, whatever, during the day. Read my post above that quotes the Texas law governing deadly force to protect property.
Texas SB 378 (2007) extended the presumed "duty to retreat" from just your habitation, to vehicles, workplaces, etc. It also provides some civil immunity if you are involved in a justified shooting in those locations. Here's a link to the bill: Texas Legislature Online - 80(R) Text for SB 378
In Texas, it does not have to be "late" at night, just has to be night time. Exactly when day ends and night begins is a question for the courts, but I would expect it would have to actually be dark and not just at dusk in most courts and with most juries.
The Lord helps those who help themselves.
At this point in MY life I can't concieve of any property that is worth the life of a human.
Some property, wheeled or otherwise, cannot be replaced with any sum of money.![]()
IIRC, the legal bill for Joe was in the 5 figures area. It's all well and good to talk about this stuff, but realistically very little of your property is worth shooting someone, and the prisons in Texas (and other states) are full of lots of folks who though they were acting within the law. Shoot because you have to, not because you want to.Three died for property in Pasadena Texas in the case of Joe Horn. Joe went outside, even after the dispatcher told him not to but he was on his property. When they came toward him he warned them to stop.
If I recall correctly it was no billed by the grand jury. While I would not have went outside, especially since it was not my property, I agree with that verdict and if I were on the jury, and 11 said guilty regarding a man defending his property I would hang the jury. Nothing entitles a criminal to someone's property.
IIRC, the legal bill for Joe was in the 5 figures area. It's all well and good to talk about this stuff, but realistically very little of your property is worth shooting someone, and the prisons in Texas (and other states) are full of lots of folks who though they were acting within the law. Shoot because you have to, not because you want to.
I've caught many burglars in the act. You wouldn't BELIEVE the trinkets that they believe are worth the risk of dying for. Why should I argue with them? So, in that vein, here are the items, the value of which has been established as the price of a human life by the humans willing to risk theirs: TV's, TV remotes, toasters, Craftsman cordless drills, curling irons, costume jewelry, puppies, a half consumed bottle of Colt .45 malt liquor, a freshly cooked Thanksgiving turkey. (Crackhead grandson took the turkey to the dopehouse, grandma shot him with a .22). Let's see, what else.....cars, nail polish, shoes, coats, eye glasses..These are all things that are worth more than a human life. This is the currency scale.
Again, if you want to spend more money defending yourself than it would cost to replace an item, go for it. Seems like a poor plan to me. Just doesn't seem to make sense to spend $10,000 to keep an item that can be replaced for $100. And anyone who doesn't think about the aftermath of a shooting BEFORE they get into a shooting is really missing something in their defense plans, IMO. Having been involved in a number of trials I'll do my best to avoid having one. YMMV.I will take my chances with a jury if he wants something inside my house and I am in it, if it comes to that. I don't do neighborhood watches, administer drug tests, or interview anyone who wants to invade my home to take something, or other things he might have in mind. If necessary I will face a trial. As I said the cost of taking care of me, and also my daughter, would cost the state at least $100,000 per year. So I would let the state decide that.
When it comes to my vehicle, smart keys make it unlikely someone is going to be able to steal it. As for carjacking it, I will take out a carjacker if I can if one tries. If I were worried about going to jail for using deadly force under those circumstances I would just option not to own a gun. You can search for cases in Texas where people have defended their home or their property and you want find many such cases where the defender is in jail. Please cite some of them if you know of any.
Any time you just roll over for one of these criminals who wants your property he may not stop with just that. Breaking into homes and vehicles is a very dangerous occupation for criminals in Texas.
I do not answer my door to someone I do not know without my gun in my hand or readily accessible whichever I think may be necessary. I am not worried about having to go to trial for it. If it happens it happens and I will cross that bridge when I come to at. At my age and state of health a life sentence would not be long anyway.