Escalation to use of force.

[sobo]

Kyle was assaulted by a mob of criminals-while they were comiting crimes, threatened with murder, punched, kicked, hit in the head, and having a gun pointed at him. Anyone who watched the videos and still think that his life was not threatened, need to go to their safe space and hug their stuffed feel good bunnies while taking a bath in their own woke tears.
The biggest mistake people did during last year's riots all over the country was that they did not placed .50 cal BMGs on the roofs to mow down all the parasitic marxist criminals BLM, their stooges , and anyone who destroyed other people's property.
And the child molester....his death was way too easy and quick. He deserved to be tenderized daily for a month with baseball bats, sodomized with red hot irons, castrated, made to drink a mixture of his genitals, some fingers, and one eyeball combined, skinned alive, impaled, partially boiled in hot oil, and then fed to feral pigs.

Remind me never to get on your bad side...

 

[Longwalkhome]

Kyle was assaulted by a mob of criminals-while they were comiting crimes, threatened with murder, punched, kicked, hit in the head, and having a gun pointed at him. Anyone who watched the videos and still think that his life was not threatened, need to go to their safe space and hug their stuffed feel good bunnies while taking a bath in their own woke tears.
The biggest mistake people did during last year's riots all over the country was that they did not placed .50 cal BMGs on the roofs to mow down all the parasitic marxist criminals BLM, their stooges , and anyone who destroyed other people's property.
And the child molester....his death was way too easy and quick. He deserved to be tenderized daily for a month with baseball bats, sodomized with red hot irons, castrated, made to drink a mixture of his genitals, some fingers, and one eyeball combined, skinned alive, impaled, partially boiled in hot oil, and then fed to feral pigs.

I can't figure out how he survived 15 years in prison. However justice was done first day he got out.

 

[Nick Burkhardt]

Everyone's favorite Law of Self Defense lawyer opines

must play on YouTube

 

[Koda]

So Andrew Branca suggests this isnt a lawful case of self defense. Goes on to explain why including how castle doctrine plays into this....

Chad Read Shooting: Evidence Supports Manslaughter, Not Justification

Neither self-defense, defense of dwelling, nor defense of property appear to justify this shooting

legalinsurrection.com

 

[bbbass]

If in Texas, deadly force may be used to defend one's home and property thereupon, AND the shooter worked there, or even lived there in his affair, is it not then legal to fire a warning shot prior to the use of legal deadly force in defense of said?

FWIW:

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE.
The threat of force is justified when the use of force
is justified by this chapter. For purposes of this section, a threat to cause
death or serious bodily injury by the production of a weapon or otherwise, as
long as the actor's purpose is limited to creating an apprehension that he will
use deadly force if necessary, does not constitute the use of deadly force.

 

[Jay Walk]

I learned a couple of things from the video evaluations.

Thank you for sharing that.

The from inside the home video will likely put a fork in threaten people with a gun guy.

 

[po18guy]

I don't think you know all the players and their positions....

Joe

Probably not. But. "Someone" had a gun. Someone was swinging a skateboard-shaped blunt object. Who that is or was does not matter. The law does not insist that a victim assess and evaluate the current (or future) threat level of multi attackers. It was a single incident involving multiple offenders acting in concert. Note that term. As long as they were actively attacking in concert, then all subjected themselve sto the same risk of harm in the course of the victim's self-defense.

There may be stare decisis (case law) somewhere that blurs of appears to contradict this, but the general principle is the same as two escaping robbers being charged with murder when their compatriot was shot dead by the bank guard. Guilt for their fellow robber's life attaches due to their active participation - their acting in concert in a criminal act which lead to the death of their co-conspirator.

 

[bbbass]

I never knew you could just fire a warning shot?

Yup. See post #105.

Defend his home from who?

Whom.

 

[Knobgoblin]

Tell me how legal warning shots are….

Maybe in maritime law , warning shot over the bow.

But that's international waters, so...

 

[Jay Walk]

"Whom" used deadly force? It was not the cold guy.

Texas law defines "deadly force" as force capable of causing death or serious bodily injury. There's little guidance from Texas case law, but it is safe to assume a prosecutor would argue warning shots or discharging a firearm in the direction of another human being is a use of deadly force, because the round is likely to cause death or serious bodily injury if it strikes someone.

 

[awshoot]

Tell me how legal warning shots are….

LOL -- seems people need to be informed:

Minnesota sheriff warns residents against firing warning shots after recent incidents

After a "handful" of recent incidents, the sheriff in Benton County, Minnesota is warning residents that it's a bad idea to fire a warning shot.

www.fox9.com

 

[bbbass]

"Whom" used deadly force? It was not the cold guy.

I'm glad you think you are being cute.

I'm not arguing who used deadly force.

I'm also not arguing that the shooter didn't use deadly force when he shot the Dad obviously. Whether such was justified is the obvious question.

My point was that in some cases, a warning should could be legal. Per Texas law, the threat of force is justified as a response to another threat of deadly force. See below. One could interpret a warning shot at the feet as a legal threat of deadly force since the Dad did threaten to kill the man.

exas law defines "deadly force" as force capable of causing death or serious bodily injury. There's little guidance from Texas case law, but it is safe to assume a prosecutor would argue warning shots or discharging a firearm in the direction of another human being is a use of deadly force, because the round is likely to cause death or serious bodily injury if it strikes someone.

(3) "Deadly force" means force that is intended
or known by the actor to cause, or in the manner of its use or intended use
is capable of causing, death or serious bodily injury.

Sec. 9.02. JUSTIFICATION AS A DEFENSE.
It is a defense to prosecution that the conduct in question
is justified under this chapter.

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE.
The threat of force is justified when the use of force
is justified by this chapter. For purposes of this section, a threat to cause
death or serious bodily injury by the production of a weapon or otherwise, as
long as the actor's purpose is limited to creating an apprehension that he will
use deadly force if necessary, does not constitute the use of deadly force.

 

[Member 53328]

LOL -- seems people need to be informed:

Minnesota sheriff warns residents against firing warning shots after recent incidents

After a "handful" of recent incidents, the sheriff in Benton County, Minnesota is warning residents that it's a bad idea to fire a warning shot.

www.fox9.com

Yea.. people who claim to carry or be ready for self defense scenarios but don't take the time to learn and be informed on the laws that go hand in hand with deadly force….

 

[bbbass]

Yea.. people who claim to carry or be ready for self defense scenarios but don't take the time to learn and be informed on the laws that go hand in hand with deadly force….

Best be informed on what the law is in the State/County/City in which one lives.

 

[awshoot]

Interesting legal analysis thread here regarding in part, a unique TX law covering arming oneself to intimidate trespassers:

https://twitter.com/x/status/1464331435062534147

Texas considers the threat of force and the use of force to be the same, except for an explicit provision that producing a weapon is fine as long as the "purpose is limited to creating an apprehension that he will use deadly force if necessary." 3/

So it's a thin line between "I'm taking a gun to ward off a trespasser just in case I'm attacked" and "I'm unlawfully telling a trespasser I will shoot him for trespassing/threatening to shoot him if he doesn't leave my property, which I can't do." 4/

 

[awshoot]

Easy downloads of the two videos:

inside: https://video.twimg.com/ext_tw_video/1464417891311308802/pu/vid/720x1264/pKRSVdO33cWyNJ8t.mp4?tag=12
outside: https://video.twimg.com/ext_tw_video/1463609921568747524/pu/vid/1280x720/8DNN4UjaLDewBRMo.mp4?tag=12

 

[Koda]

Im not seeing exactly where Texas allows firing a warning shot, but regardless.... its a really bad idea and could easily be interpreted as using deadly force. Well... cause it is.

 

[Koda]

question about child custody laws. If a parent has legal custody of their child at a certain time, is it against the law to deny that parent access to that child?

 

[sobo]

Interesting legal analysis thread here regarding in part, a unique TX law covering arming oneself to intimidate trespassers:

https://twitter.com/x/status/1464331435062534147

Yup, read the Swearer piece start to finish this morning. She seems to be on top of it, and seems to side with the Andrew Branca/LoSD perspective.

 

[sobo]

question about child custody laws. If a parent has legal custody of their child at a certain time, is it against the law to deny that parent access to that child?

Under normal circumstances and in my past personal experience, I would say, yes.
But in certain circumstances (none of which ever applied in my situation), one must also consider the welfare of the child...
Consider the scenario where a "receiving" parent arrives to the child hand-off inebriated, high, or otherwise cognitively impaired.
Would a court conclude that the "giving" parent is guilty of failing to honor the visitation agreement/parenting plan by refusing to hand the kid over to the impaired parent?