Defensive Gun Use –Elderly Couple versus Mugger

Not much to the story has came out yet. I’ll probably follow it in detail as it unfolds.

 

DALLAS – A man shot and killed the person who tried to rob his wife outside a popular Dallas grocery store.

It happened Tuesday night at the Aldi store on Forest Lane and Webb Chapel Road.

According to police reports, the elderly couple was walking to their car when a man approached them.

The suspect grabbed a gold necklace off the woman’s neck and knocked her to the ground in an attempt to rob her, police said.

The woman’s husband was carrying a concealed handgun and fired multiple shots, police said.

The 36-year-old suspect jumped in a car and tried to drive away, but ended up crashing in the parking lot and dying. His name has not yet been released.

Police said the husband does have a valid concealed handgun license.

His wife and other witnesses told police the shooting was in self-defense.

The case will be referred to a grand jury.

A couple of key points here — is there a disparity of force here?
I would argue probably yes; given the stated ages of the criminal and the victims. Certainly a disparity of force existed between the wife and the criminal.

Second — an earlier report had the shots being fired as the criminal drove away (not that it would make much difference here in Texas) but this report shows the shots being fired during the commission of the crime.  So, how does the State of Texas view this type of shooting. Let’s look at the penal code,

 

Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.
(a) A person is justified in using deadly force against another:

(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

(A) to protect the actor against the other’s use or attempted use of unlawful deadly force; or

(B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

(b) The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

So, without a duty to retreat and clearly there was a robbery or aggravated robbery in progress; the Concealed Handgun License holder had the legal authority for his actions.

This report on WFAA indicates the robber may have been trying to get away when he was shot. Of course, this being Texas we have that covered also.

That’s right — a legal justification for the use of deadly force regarding protection of property.

 

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.

Criminals, you might want to consider that when you think about committing ‘just a robbery’, is it possibly worth your life to take something that doesn’t belong to you?

Left out of the report is how close the car was, how fast all of it went down. There is a world of difference in  “He was driving away when he was shot” and”He immediately jumped in the car as the victim’s husband started shooting.” Both may technically be correct but the second shows how shooting could happened during the crime instead of minutes later.

Personally, I think this is a great law. Criminals shouldn’t get a free pass simply because they are “getting away” and “only stole property”. The criminal who pushed down an elderly lady risked her life doing so; isn’t it only fair he risks his life committing the crime.

Please join the discussion.

Still A Hotspot

St. Louis and Ferguson still continue to be in the news for not good reasons.

Protesters gathered in a St. Louis neighborhood late Wednesday after an off-duty police officer fatally shot an 18-year-old black man whom police say opened fire on the officer during a foot pursuit. 

St. Louis Police Chief Col. Sam Dotson, said the 32-year-old unidentified officer, a six-year veteran of the force, was working for a private security company when he approached three men on the street. 

“As he exited the car, the gentlemen took off running. He was able to follow one of them before he lost him and then found him again as the guy jumped out of some bushes across the street,” Lt. Col. Alfred Adkins said. “The officer approached, they got into a struggle, they ended up into a gangway, at which time the young man pulled a weapon and shots were fired. The officer returned fire and unfortunately the young man was killed.”

I’ll withhold judgement on the shooting until the facts are in; unfortunately not everyone reacts the same way.

Hours after the shooting, a crowd gathered at the scene. Some people shouted “Hands up, don’t shoot” in reference to the fatal shooting in August of an unarmed black man, Michael Brown, by a white police officer. That shooting in Ferguson led to weeks of sometimes violent unrest in the St. Louis suburb. Officer Darren Wilson has not been charged in the shooting.

Dotson said some in the crowd late Wednesday shouted obscenities toward officers and damaged police cars. Officers, however, “showed great restraint,” he said.

“Any police officer use of force certainly will draw attention,” Dotson said.

KTVI reported that some protesters were seen hitting police vehicles and shots were heard in the area. The station also reported that police largely backed off to give the protesters space. 

Translated from government and media double speak; the police abandoned their responsibility to the safety of the people and the city. Other media reports are warning of violence if the officer in the Michael Brown shooting is not indicated and charged. That decision is expected later this month or early next month. Stay tuned to your TVs when it comes out because the media is reporting possible violence in other cities besides St. Louis.

 

 

Interesting But Not Legal Way…..

of making your opinion of cops known.

An Austrian police officer monitoring motorists was covered in manure by an explosive booby trap likely meant to target traffic cops, police said.

Police spokesman Rainer Dionisio said Constable Gunther Maier, 58, triggered a fishing line at the side of the Moelltal state highway and the line set off explosives in a nearby plastic bucket filled with manure.

Dionisio said Maier was about 6.5 feet away from the bucket when it detonated. He said the officer was covered with manure, but not injured.

The spokesman said the trap was likely designed to target police, as the spot where Maier was watching traffic is often used by officers using radar guns to monitor the speed of motorists.

Somehow I think that a review of recent tickets from that location may yield a suspect or more; maybe dozens. I’m just glad no photos or videos of the alleged crime were published.

 

 

Think All Felonies Are the Same?

A Georgetown teenager is facing a felony charge after police say he rubbed his private parts on a customer’s pizza.

Austin Michael Symonds 18, is charged with one count of tampering with a consumer product.

According to the felony complaint, a customer called in an order to Papa Murphy’s on September 2nd. When he walked in that’s when he saw Symonds rubbing his testicles on the family sized pizza he ordered.

The customer told police he asked Symonds how old he was.

“18,” Symonds said.

“So you are old enough to know better than to put your balls on someone’s pizza,” the customer said.

Symonds apologized to the customer. He told his manager that he did it because the customer called in the order right before closing.

 

Disgusting and wrong in so many ways but a felony? Seriously this is insane folks.

I am glad he was fired. I’m glad there were criminal charges filed. Hopefully, but doubt it will, make others think twice before doing something stupid like this. This may seem like a minor issue isolated to a single case but it is a common practice to charge people with the highest crime possible instead of something more appropriate like criminal mischief.

This could ruin the kids life for a very long time.

The teen told detectives he would have probably given the pizza to the customer if he hadn’t been caught. Symonds was released from the Williamson County Jail after posting bond. If convicted of the felony he faces between two and 20 years and a fine not to exceed $10,000.

He faces two to twenty years in prison for a imbecilic act. He faces the lose of many of his rights; including the right to keep and bear arms. I’m not saying it was a harmless act but is it really worth a felony ?

 

Please join the discussion.

A Look At The Illegal Immigration Problem

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When you hear about “Citizen Patrols” or “Militias” sometimes it isn’t what most of the media would have you think. Sometimes it is simply people trying to keep their property from being overwhelmed.

 

 

Gmail Hacked

Time to change your password again. A database containing nearly 5 million Gmail user accounts and passwords was leaked on Bitcoin Security, a popular Russian website devoted to the cryptocurrency.

The text file was published on Tuesday night by user tvskit, according to CNews, the Russian news outlet that first broke the story. The leaker claimed that the majority of the accounts belong to users who speak English, Russian, or Spanish, and that approximately 60 percent are active. The passwords not only give access to Gmail, but a slew of other Google services such as Drive and the mobile payment system Google Wallet.

 

One of the major reasons I haven’t gone to digital wallets; all too often the service itself is hacked.

You can verify whether your account was affected by clicking here and entering your gmail address. It’s that simple. You can also enable Google’s 2-step verification by following the company’s easy steps.

International Business Times is cautioning against ‘verifying your account’ though

Google Inc. (NASDAQ:GOOGL) users concerned that their own identity might be listed among the stolen usernames are advised to avoid typing their username and password into any website that claims to check if that name has been compromised. Cybercriminals frequently use this kind of method, known as a “honeypot,” to steal even more identities. A number of sites have already appeared to distribute phishing messages under the guise of offering help.

 

 

It’s best to  simply change passwords again. Sigh……now to come up with something I can use but still remember.

That’s Just Wrong

Utah woman accused of using a pound of bacon to start a fire in her ex-boyfriend’s house will stand trial on arson charges.

If it is true, she should spend a long time in jail !!!

I mean arson is bad but burning BACON; I hope she gets hard time for that heinous act.