Texasgordo
TGT Addict
What if there's a full moon?Well, it's dark at night where I live.
Especially during a power outage.
What if there's a full moon?Well, it's dark at night where I live.
Especially during a power outage.
But using lethal force to stop theft at night is a very high bar to meet to a jury so be very careful here. Also, most people don't know what night is, 30 minutes after sunset and 30 minutes before sunrise. Not just dark but you need to know what "night" is. The issue is lethal force.
Herman Park near theMedical Center after dark looked like trash bears going through the garbage cans looking for food. Mountain biking Braes Bayou after dark the bridge trolls would be cooling don in the water. I really loved it when the bayou would crest thug down the debris fields of bridge tools clothes.You sound....disappointed.
Not really. At least not after a disaster. Power is out, cell towers overwhelmed, emergency services backed up hours if you can even get a call out. It was dark.But using lethal force to stop theft at night is a very high bar to meet to a jury so be very careful here. Also, most people don't know what night is, 30 minutes after sunset and 30 minutes before sunrise. Not just dark but you need to know what "night" is. The issue is lethal force.
But using lethal force to stop theft at night is a very high bar to meet to a jury so be very careful here. Also, most people don't know what night is, 30 minutes after sunset and 30 minutes before sunrise. Not just dark but you need to know what "night" is. The issue is lethal force.
then your Kenworth better be pulling logsWhat if there's a full moon?
Yup. What part of my post did you not understand. Use of lethal force is very hard to prove to a jury and you will most likely be involved with a DA that will prosecute you, depending on your location.Have you even read TPC9?
9.02 applies to all of TPC 9. But then again, you’d have to understand that part of the law works. And also understand that giving a statement without an attorney present if dumb AF.Yup. What part of my post did you not understand. ….
I was specifically talking about theft at night. What are you referring to? Please enlighten us.9.02 applies to all of TPC 9. But then again, you’d have to understand that part of the law works. And also understand that giving a statement without an attorney present if dumb AF.
I was specifically talking about theft at night. What are you referring to? Please enlighten us.
Sec. 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to prosecution that the conduct in question is justified under this chapter.
Sec. 2.03. DEFENSE. (a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
(b) Appropriation of property is unlawful if:
(1) it is without the owner's effective consent;
Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
If people didn't feed the trolls, this wouldn't happen.This thread...
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You are correct except for the definition of night (which is codified in Texas law, 541.401) but a defense to prosecution is not necessarily an immunity from going to trial which was my point. Lethal force for theft at night is not a get out of jail free card depending on the judge and jury.But you stated you’ve already read and understand TPC 9.
If charged (which is never guaranteed), it’s the defendant’s responsibility to enter the DTP.
The facts are:
1. It was night. Since only the transportation code has a definition for night, the generally accepted definition is from dusk till dawn. If you’re arguing the technicality of 1 minute before dusk, then you’ve got bigger problems, anyways.
2. The dead guy was attempting to commit or committing theft during the nighttime, or criminal mischief during the nighttime; or fleeing after having committed theft or criminal mischief at night.
Let’s look at what constitutes theft or criminal mischief.
None of those elements should be particularly difficult to prove unless you just randomly killed a dude who’s not on your property in the middle of the day. Oops, Joe Horn never even got indicted for that.
In short, if it’s reasonably believed to be night, somebody’s on your property, they’re fucking around and they find out, the DTP requires the judge instruct the jury that reasonably doubt exists. If it even gets that far. But the defendant has to enter that defense.
Usually, prosecutions occur when the defendant runs off at the mouth during the initial interview and muddies the water. Says things like “I just heard a noise and shot.” Or “I don’t know what they were up to”.
If you’e going to ever consider use of deadly force, being left of bang is required and gambling on what you *think* the statutes say is retarded since the penalty for getting it wrong is a felony conviction and jail time.
Doing this on your own is stupid; make the 911 call, provide the required information, then shut the **** up until you have a competent attorney representing you.
Are you dense?You are correct except for the definition of night (which is codified in Texas law, 541.401)….
I took the definition of night from the book "Texas Gun Laws: Armed and Educated" written by the lawyers of Texas Law Shield. They write that night is 30 minutes after sunset to 30 minutes before sunrise.Are you dense?
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For reference,
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And, for posterity,
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541.401 definition of “nighttime” only applies to the Texas Transportation Code.
The rest of your dribble isn’t worth responding to because it’s obvious you have no command of the relevant statutes.
I bet you’re a licensed LTC instructor, too. Some of the stupidest shit comes from them.