Why Texas is better than CA

[vinsp]

Woman Kills Suspected Car Burglar

Shooting Happened At Pinemont Forest Apartments


POSTED: Tuesday, November 3, 2009
UPDATED: 10:01 am CST November 3, 2009

HOUSTON -- A woman fatally shot a man who was breaking into her car, police told KPRC Local 2.
Houston police said the woman spotted a 19-year-old in the parking lot of the Pinemont Forest Apartments in the 5900 block of Pinemont Street at about 9 p.m. Monday.
The woman retrieved a shotgun and fired one time, police said.
The man suffered a gunshot wound to the head and died at the scene. His name was not released.
The woman was questioned and released without charges.



Pregnant Woman Kills Theft Suspect - Houston News Story - KPRC Houston

[Blackfish]

I LOVE Texas (even thought/thinking about moving there)...but that right there is "Murder". Sorry.

Breaking into her house..shoot away, "seeing" a person breaking into your car....MURDER. Black and White in my book. AND no, I am not a Democrat.

[middleofnowhere]

One less criminal on the streets. I applaud the woman.
I hope she is OK though, must have been traumatic for her to be forced to deal with a situation like that.

[Blackfish]

Originally Posted by middleofnowhere

One less criminal on the streets. I applaud the woman.
I hope she is OK though, must have been traumatic for her to be forced to deal with a situation like that.

Yeah...seeing someone breaking into your car is really tramtic...

"
"Houston police said the woman spotted a 19-year-old in the parking lot of the Pinemont Forest Apartments "

I would classify it as more of Infuratiing...but not tramatic.

What is tramaitc is having to live with the unessary emotions of taking a life.

I am not defending the thief, but I am arguing, when is it "justified to use deadly force" to protect "personal property". I hate thieves just as much as the next guy, but if you see a person breaking into your car from inside your house, or across the street you are not in immediate harms way, and you have a few choices before you shoot them....

1. Just call the cops
2. Let the person know you are calling the cops verbally, and most likely the dirtbag will leave (off course, I have no issues if you have a gun in your hand when you give such warnings) and i have no problem if a person uses the gun if the dirtbag decides to direct his action at you....
3. All of the above.

[cycader]

Maybe the dude had the same model and make automobile and was stoned or drunk?

No need to kill the bastard.

[umoa]

wow not even a warning shot. texas really is the wild west!

[sansou]

TEXAS LAW

§ 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.


Facts: The lady saw someone breaking in to her car ("...reasonably believes"). It was 9PM ("theft at night"). Car was being stolen ("escaping with property"), and the owner is a pregnant female ("....expose the actor or another to a substantial risk of death or serious bodily injury.")

Yep. From what little I know, it sounds kosher to me, under TEXAS law.

Seems kind of moot arguing the validity of another state's laws, given the fact that the citizens of that state democratically voted in the legislature that enacted the statute.

This same statute, in California, plus lobster season: lot of dead people.

[divegod1]

Seems it happened again, some one just blasted another thief with their laptop in hand.

Houston has been under siege since since Katrina, a rather large group of miscreants moved in and continue to make life miserable for those that are not of the same ilk.
Either way, all parties will have to deal with their actions for the rest of their lives, however long that might be.

[Blackfish]

Originally Posted by sansou

TEXAS LAW

§ 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.


Facts: The lady saw someone breaking in to her car ("...reasonably believes"). It was 9PM ("theft at night"). Car was being stolen ("escaping with property"), and the owner is a pregnant female ("....expose the actor or another to a substantial risk of death or serious bodily injury.")

Yep. From what little I know, it sounds kosher to me, under TEXAS law.

Seems kind of moot arguing the validity of another state's laws, given the fact that the citizens of that state democratically voted in the legislature that enacted the statute.

This same statute, in California, plus lobster season: lot of dead people.

WOW...pretty crazy...thanks for posting the statute. Texas, the modern Wild West.

[YANK N CRANK #2]

Stuff like this is not uncommon... Reading Texas law cases on justifiable homicide is eye opening...

[johnnylite]

I'm guessing you feel a little safer there. We lived there for about six years and I can say driving through the worst areas was like driving through a pretty good area here.
No probable cause there they just pull you over if you look hinkey. Everything ok and you're on your way. Choice of little bit of hassle versus some shithead running rampant under the guise of his rights here in la la fornia not so bad.

[divegod1]

I always seem to see more police around when I'm down there (Houston). Maybe it's just me but I live real close to the Anahiem PD.
30 years ago when I 1st. moved to Texas, everyone had a gunrack in their truck and it held one. And if you were crossing county lines you were allowed a LOADED pistol in your car. Not sure if that still applies though,I think its been changed to 2 counties away now.