Woman indicted in fatal shooting after traffic accident - Houston

[txinvestigator]

"...or was attempting to enter" is the key phrase there. She had no idea what his intentions were, just that he was trying to get her door open to get to her. Sounds fairly cut and dried to me, and it sounds like the witnesses who were on the scene corroborated her story.

Playing the devils advocate; sounds like the Grand Jury learned more evidence that gave rise to probable cause.

 

[General Zod]

Playing the devils advocate; sounds like the Grand Jury learned more evidence that gave rise to probable cause.

That, or a particularly persuasive DA...

 

[txinvestigator]

That, or a particularly persuasive DA...

[thread hijack] love the screen name and avatar[/thread hijack]

 

[Wild hair]

Yeah, not really. That is simpy a presumption of reasonable belief.

Soooo, as a woman if a man is beating on my window, and trying to get my car door open...do I, our dont I have the right to shoot?

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[General Zod]

[thread hijack] love the screen name and avatar[/thread hijack]

[more hijack]Thanks. [end of hijack]

 

[benenglish]

If you have a gun in the car your middle finger also needs to be concealed as well.

Without reference to any disagreements in this thread or referenced herein, I'd just like to say that the last time I flipped the bird at another driver (Dadgummit, his inattention and ridiculously extra-legal speed had just nearly killed 3 people!), I got a shotgun emptied in my general direction.

Since then, I don't do the middle finger thing while driving. Ever.

 

[Doc Roe]

Soooo, as a woman if a man is beating on my window, and trying to get my car door open...do I, our dont I have the right to shoot?

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In that situation, I say draw first, give the person one verbal warning (something along the lines of "back the **** off or you're gonna get shot"), and if the person is still being aggressive, then you'd be well within your rights if you put onr in their chest.

Without reference to any disagreements in this thread or referenced herein, I'd just like to say that the last time I flipped the bird at another driver (Dadgummit, his inattention and ridiculously extra-legal speed had just nearly killed 3 people!), I got a shotgun emptied in my general direction.

Since then, I don't do the middle finger thing while driving. Ever.

Please, God, tell me that shotgun thing is an exaggeration... If not, then I hope the bastard got arrested for it.

 

[Wild hair]

In that situation, I say draw first, give the person one verbal warning (something along the lines of "back the **** off or you're gonna get shot"), and if the person is still being aggressive, then you'd be well within your rights if you put onr in their chest.




thanks, doc! The last thing I'd want is to be forced to shoot, but I don't want the bad guy to get close enough to take my gun from me either....there must be a fine line in there somewhere



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[Gramps]

thanks, doc! The last thing I'd want is to be forced to shoot, but I don't want the bad guy to get close enough to take my gun from me either....there must be a fine line in there somewhere

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NOOOO do not take that advice! That is brandishing, illegal in and of itself. TXI will correct me, but that will also classify as escalating the encounter.

 

[Doc Roe]

IMHO, the "fine line" is whatever it takes to get the other bastard to cease being aggressive/hostile. If someone hasn't stopped being aggressive at the sight of a gun in the other person's hand(s), then they're pretty much asking for it.

Edit: Gramps, I'm pretty sure that, in the situation she described, no charges would be filed, because her actions would be completely justifiable. If someone is screaming threats at you and trying to break into your vehicle, I believe you have the right to brandish your gun.

 

[Gramps]

IMHO, the "fine line" is whatever it takes to get the other bastard to cease being aggressive/hostile. If someone hasn't stopped being aggressive at the sight of a gun in the other person's hand(s), then they're pretty much asking for it.

Edit: Gramps, I'm pretty sure that, in the situation she described, no charges would be filed, because her actions would be completely justifiable. If someone is screaming threats at you and trying to break into your vehicle, I believe you have the right to brandish your gun.

Go read the text regarding CHL laws. Brandishing is NOT allowed in any circumstance, nor are warning shots. In the black and white of the law, there is no fine line. Please educate yourself.

 

[Doc Roe]

Maybe I'm thinking of something else, but that would imply that a CHL holder who draws his/her gun but doesn't actually fire a shot is guilty of a crime, and to me that makes absolutely no sense.

 

[GaryH]

An eyewitness, who appeared on camera but has requested anonymity, said that he did not hear any threat in the seconds before Scott killed Ables. The witness was pumping gas and standing 15 feet away from Ables when a bullet ricocheted past him and struck his car. The bullet left a noticeable impression on the witness’s car.

This is from another source.

 

[matefrio]

Go read the text regarding CHL laws. Brandishing is NOT allowed in any circumstance, nor are warning shots. In the black and white of the law, there is no fine line. Please educate yourself.

Wrong.

PENAL CODE  CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY


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.

 

[AngeliaH]

In that situation, I say draw first, give the person one verbal warning (something along the lines of "back the **** off or you're gonna get shot"), and if the person is still being aggressive, then you'd be well within your rights if you put onr in their chest.





thanks, doc! The last thing I'd want is to be forced to shoot, but I don't want the bad guy to get close enough to take my gun from me either....there must be a fine line in there somewhere



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I vote try to drive off first.

 

[Gramps]

Wrong.

Please elaborate. I do not know any different.

 

[General Zod]

I vote try to drive off first.

In this case that would be leaving the scene of an accident.

 

[matefrio]

Please elaborate. I do not know any different.

So, a warning shot isn't a warning shot, it's considered a use of force no matter where you're aiming.

You can use the threat of force, pulling your gun out or showing them your gun, IF the use of force requirements are met.


PENAL CODEÂ*Â*CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

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.

 

[AngeliaH]

In this case that would be leaving the scene of an accident.

Leave while on phone with 911 explaining the situation?
Ill take that chance if it means avoiding harm, for me or the aggressor.

 

[General Zod]

Hmm. I'm honestly not sure how that would go, Angelia.