TRACT Optics

[UPDATED] Seeking perspective on a situation my neighbor is going through...

The #1 community for Gun Owners in Texas

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Neighbor was charged for drawing a firearm. Looking for perspective.

    • The aggravated assault with a deadly weapon charge was appropriate.

      Votes: 10 32.3%
    • Drawing his gun would have been fine, had he not pointed it at the husband.

      Votes: 6 19.4%
    • It was complete self defense and he should not had been charged.

      Votes: 15 48.4%

    • Total voters
      31

    JColumbus

    TGT Addict
    Rating - 0%
    0   0   0
    Jun 28, 2012
    2,750
    96
    Favor: Please don't respond if you're not going to read the details. Him chasing her down is not the point of this thread. I'm seeking perspective on the drawing of his weapon. Thanks.

    Ok, so fist of all, thank you to those of you who will read this and give honest input. I appreciate it.

    So the neighbor across from me, a 21 year old fellow, just got charged with second degree aggravated assault with a deadly weapon. I spoke to his wife, and my take on the situation is that he, excuse the pun, jumped the gun. My opinion is that he messed up and will likely get his rights taken away. Before I tell the story on what happened, I'd like to preface it by telling you who he is.

    This 21 year old guy is a hispanic kid named Oscar. He live with his parents and has a wife and one child. He's one of the most well put together and mature guys I've met in his age group. He runs his own business, which is a pretty good success, doesn't go out and party, doesn't hang out with dumb kids his age, and is overall just a normal, respectable guy like the rest of us. For his age, these day, that's saying a lot.

    Gonna try to make this short, while including all pertinent details. So some lady hit his car and tried to take off. He was with his dad and they chased her down and somehow got her to stop and stay put until the cops came. Cops were called and while waiting, the husband shows up and immediately starts yelling and being belligerent. I suppose he was pissed off that they followed his wife and got her to stay put. After about 20 minutes of this guy acting that way, his wife and mother show up. His wife is who told me all of this, cause he's in jail. So the husband starts pacing around, saying "I'm gonna kick your ass", while his father is telling the husband something along the lines of "you need to calm down, that's my son, don't talk to my son like that". After stating that, I was told that he did step forward, although still about 10 ft away, and this time, yelling he's going to kick their asses, all while smashing his fist into his hand. Because of the step forward, Carlos pulls his Glock and points it at the gay and apparently told him don't come any closer. To which the husband responds, "I aint frade uh no gun". So anyway, that actually calmed the guys down and he put the gun away and the cops show up.

    NOW, initially, beFORE the cops showed up, Carlos called them to report what he did. The dispatcher on the line, and later, the cops who did show up, told him they took that to be an action of self defense. As they are exchanging insurance, apparently an officer talked to his superior or the DA (I have no clue who), or someone who makes decisions, and decides to arrest Carlos for the listed charge.

    Whether or not he was right to chase her down and get her to stay put, isn't the point. My aim is to gain understanding and perspective, but also to council him better when he inevitably talks to me about it.

    MY take on this, and I did share this with his wife, was that I could understand if he pulled the gun out with it pointed at the ground, warning the husband to stay back, but that I don't agree that was the time to pull it out and point it at him. I told her that I probably wouldn't had drawn my weapon at all, at that point. From what she told me, it seemed like he was just acting threatening, out of anger and although stating threats, didn't have enough of an advancement and didn't raise his fist, and therefore didn't warrant the use of deadly force. I told her that I believed that the "assault" came from pointing the weapon at the husband and that Carlos should only ever point the gun at someone if he intends to shoot them, due a clear and present danger to his, or his families life, and that what the husband did just wasn't that.

    SO, was I right in giving her that perspective?

    Would it had been ok for him to draw, had he kept it point at the ground?

    Was he even in the right to draw, at all, even if he DID keep it pointed at the ground?

    Was the key difference being that the husband did not raise his fist and if he had, would that had warranted pointing the gun AT him?

    I'm gonna include a poll, for those who don't really want to give their perspective, but are open to leaving an opinion.



    BY THE WAY, the wife was not ticketed or charged with any kind of fleeing the accident, or anything like that. From what I was told, she blamed it on Carlos, but did admit to leaving the scene. Why flee the scene if it wasn't your fault?



    I wasn't there, so I tried to be as fair as possible, but I told her to take my opinion with a grain of salt.



    Furthermore, as to the charge, for anyone who wants to and knows enough to get this deep into it; What are the odds of him being able to plead down to something that allows him to keep his gun rights? What are the odds of him beating this charge? Should he plea, or go to trial?



    Alright, well, as usual, looking forward to seeing what you all have to say about this. Thank you for any and all input and I hope everyone is having a great week. God bless you all and your families.
     
    Last edited:

    Fishkiller

    TGT Addict
    Rating - 100%
    6   0   0
    Jul 22, 2019
    3,565
    96
    Frederickburg
    Well i am not a lawyer so this don't count. But you meet intended force in kind. meaning if your life is in jeopardy you can return deadly force. However if it is not deadly force, guy says he is going to punch you then you punch him back. Return intended force with like force. So from your story your neighbor kinda messed up. He needs a good lawyer.
     

    JColumbus

    TGT Addict
    Rating - 0%
    0   0   0
    Jun 28, 2012
    2,750
    96
    Well i am not a lawyer so this don't count. But you meet intended force in kind. meaning if your life is in jeopardy you can return deadly force. However if it is not deadly force, guy says he is going to punch you then you punch him back. Return intended force with like force. So from your story your neighbor kinda messed up. He needs a good lawyer.

    I agree with you completely.
     

    Axxe55

    Retiretgtshit stirrer
    Rating - 0%
    0   0   0
    Dec 15, 2019
    42,815
    96
    Lost in East Texas
    After reading the story, and I'm no lawyer, and didn't stay in a Holiday Inn either, but a good lawyer should be able to get him off. I don't see his actions as being much different that what many people would have done in the same situation.

    I'm floored the woman wasn't charged or ticketed for her violations.

    Honestly, it really sounds like a BS charge.
     

    Support

    Sponsors

    TRACT
    silencers
    DK Firearms
    Every Day Man
    Shroud
    Weapon displays
    Ammo
    Defender Tactical
    Ammo
    Orion Cooker
    Firearms Legal
    Target Sports USA
    Canon Shroud
    Tyrant
    Orion Arms
    ARJ Defense ad

    Latest posts

    Forum statistics

    Threads
    108,882
    Messages
    2,680,996
    Members
    33,373
    Latest member
    johnparjr
    Top Bottom