txinvestigator
TGT Addict
Playing the devils advocate; sounds like the Grand Jury learned more evidence that gave rise to probable cause.
Woman indicted in fatal shooting after traffic accident - Houston
- Thread starter matefrio
- Start date
Playing the devils advocate; sounds like the Grand Jury learned more evidence that gave rise to probable cause.
General Zod
TGT Addict
That, or a particularly persuasive DA...
txinvestigator
TGT Addict
[thread hijack] love the screen name and avatar[/thread hijack]
General Zod
TGT Addict
[more hijack]Thanks. [end of hijack]
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.
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.
Please, God, tell me that shotgun thing is an exaggeration... If not, then I hope the bastard got arrested for it.
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.
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.
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.
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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 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.
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Please elaborate. I do not know any different.
General Zod
TGT Addict
In this case that would be leaving the scene of an accident.
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.
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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
TGT Addict
Hmm. I'm honestly not sure how that would go, Angelia.
