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What is the correct remedy / punishment to this tragedy

Discussion in 'Legal & Political Archive' started by RicInOR, Mar 14, 2014.

  1. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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    "Houston dad shoots, kills boy found inside daughter’s bedroom"

    This case has me torn.
    Man shoots another because he believes there was a rape - turns out the girl, his daughter, lied.
    Yes - we don't have all the information - and what we have from the news could be incorrect.


    In false rape claims, I thing the person who made the false claim needs to be punished equal to what the other person was or would have been sentenced to. [1]

    Because of the lie, will Dad now be subject to murder charges, or man-slaughter, or still could this be justifiable homicide?
    Should the girl also be charged that way - much like the driver gets charged if he brings someone to a location where they commit murder?

    If the daughter and boyfriend were at some other location - down by the lake say, then the dad's case could be weaker - but I could see this still being justifiable. If the boy is not with the girl when the dad shoots him, then the case for justifiable homicide gets very weak, I think.

    I get that if you find someone in your domicile you can defend yourself and your loved ones - with deadly force. However in this case, the boy was allowed to be there, a resident had invited them in.


    Right now, I think the dad will not be charged - but will face civil charges. He believed his daughter was being attacked and harmed. Any "castle doctrine" would not come into play.
    But I think the daughter needs to be charged with something - her lie led to the death of another.


    I am not finding sources other than the FoxNews report - and some blogs which point back to the same story. If you see any other reports, I'd appreciate if you'd post the urls.





    [1] sorry for the "other person" wording but - women can rape men, other women, men rape other men or women; and don't start on all those other possible gender cases ...
     
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  2. RicInOR

    RicInOR Washington County Bronze Supporter Bronze Supporter

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  3. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    the correct remedy for this is to not have the shoot first ask questions later mindset. Neither the dad or the daughters life were in immediate danger, no surprise the girl would lie when caught in the act....
     
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  4. bnsaibum

    bnsaibum Corvallis, OR Well-Known Member 2015 Volunteer

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    You assume that is what happened. In reports I have seen the girl's 4 year old brother alerted the father to the situation, the daughter initially lied about knowing the teen boy and that the teen boy had some sort of altercation with the father. Justified? I don't know. Shoot first remedy? Most likely not.
     
  5. Koda

    Koda Oregon Bronze Supporter Bronze Supporter 2016 Volunteer

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    I'm not assuming anything, the article said the girl lied. My point was its not a surprise a girl would lie about the situation, or for a parent to find a boy in the girls room. If the boy was truly an intruder she would have screamed bloody hell long before the dad wondered in. My impression is the OP asked about the situation, not the actual events, its a good topic to discuss.

    I wonder how well claiming he was reaching for a gun will work, it didnt for the Michael Dunn trial. Too many folks have the wrong mindset that going by the letter of the law justifies them shooting when at the end of the day they will be tried by what a reasonable person would have done. Things arent always what they seem and I suspect it was a shoot because I can mindset not a shoot because I had no choice mindset. A lot of gunners fail to understand that.

    I agree with the OP in that false rape claims the person making the false claim should receive the sentence of what the purported raper would have, but thats another subject.

    another article: http://www.cbsnews.com/news/cops-dad-fatally-shoots-boy-in-teen-daughters-bedroom/
     
    Last edited: Mar 14, 2014
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  6. fyrediver

    fyrediver Seattle Active Member

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  7. freestoneangler

    freestoneangler wa Well-Known Member

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    Would we be having the same conversation or would our answer be any different if he had used a Louisville Slugger or a carving knife? A dumbbubblegum act is the same regardless.
     
  8. GunRightsCoalition

    GunRightsCoalition Vancouver Well-Known Member 2015 Volunteer 2016 Volunteer

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    One thing to consider here is where this happened. This is TX and their castle doctrine is well established. Basically if someone is committing a crime on your property your covered there to use whatever force you deem necessary. I would need to look at some recent cases to see if that has stood the test of time but for TX this has been a long standing tradition. Their carry laws leave a bit to be desired but once someone sets foot on your property you have a lot of latitude.