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Thread: Texas Dad Beats Daughter's Molester to Death: Cops

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    Sheriff: Father kills man sexually abusing his daughter

    (CNN) -- A Texas father caught a man sexually assaulting his 4-year-old daughter and punched him in the head repeatedly, killing him, authorities said.The father was casually acquainted with the alleged abuser, said Lavaca County Sheriff Micah Harmon.Neither has been publicly identified.The girl was left inside the family's house during the social gathering, while other members of her family were tending to horses, the sheriff said.The alleged abuser was known for his horse-grooming abilities, Harmon said.
    Sheriff: Father kills man sexually abusing his daughter - CNN.com


    Damn. Hard to blame the guy. But I have to wonder if he will eventually get charged. Being that it is Texas, I would guess not.

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    Re: Sheriff: Father kills man sexually abusing his daughter

    This is a tricky situation. On the one hand, I'd probably do the same thing. On the other, people should be accountable for their actions. This guy killed someone, and he probably ought to be charged. That kind of sucks, but it's probably what should happen.

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    Re: Sheriff: Father kills man sexually abusing his daughter

    According to the sheriff "You have a right to defend your daughter. He acted in defense of his third person." I believe using lethal force in defense of the 3rd person is legal in Texas and many other states.

    http://law.onecle.com/texas/penal/9.33.00.html

    § 9.33. DEFENSE OF THIRD PERSON. A person is justified in
    using force or deadly force against another to protect a third
    person if:
    (1) under the circumstances as the actor reasonably
    believes them to be, the actor would be justified under Section 9.31
    or 9.32 in using force or deadly force to protect himself against
    the unlawful force or unlawful deadly force he reasonably believes
    to be threatening the third person he seeks to protect; and
    (2) the actor reasonably believes that his
    intervention is immediately necessary to protect the third person.
    Last edited by jamesrage; 06-12-12 at 01:08 AM.
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    Re: Sheriff: Father kills man sexually abusing his daughter

    Quote Originally Posted by jamesrage View Post
    According to the sheriff "You have a right to defend your daughter. He acted in defense of his third person." I believe using lethal force in defense of the 3rd person is legal in Texas and many other states.

    Texas Penal Code - Section 9.33. Defense Of Third Person - Texas Attorney Resources - Texas Laws

    § 9.33. DEFENSE OF THIRD PERSON. A person is justified in
    using force or deadly force against another to protect a third
    person if:
    (1) under the circumstances as the actor reasonably
    believes them to be, the actor would be justified under Section 9.31
    or 9.32 in using force or deadly force to protect himself against
    the unlawful force or unlawful deadly force he reasonably believes
    to be threatening the third person he seeks to protect; and
    (2) the actor reasonably believes that his
    intervention is immediately necessary to protect the third person.
    Defense of a third person applies everywhere if it is the only way to save the life of a third person. But, it gets a lot trickier if the third person's life isn't in immediate peril. Some states only allow you to respond with deadly force if there is a threat to life or limb. Some places you can use deadly force to prevent the sexual assault of yourself or a third person if there is no other way to stop it. But, we don't know that he had no other way to stop it. If he could have stopped it with something short of deadly force, then that raises other questions. In many states, if you are the victim of a sexual assault and you kill your attacker even if you could have stopped them another way, it isn't self defense, but it is justifiable homicide or some other defense. In some of the states that allow that, they also allow the same for your spouse. And then in some of those states, they also allow some variant of a justifiable homicide defense for your children or immediate family. Texas tends towards the whole cowboy justice thing, so odds are that they allow all of those things. In most states you'd need to show that it was the only way you could stop it.

    Regardless of what the law is though, my heart goes out to the guy. And, in reality, regardless of what the law is, a jury won't convict him for doing it. If the story really is that simple- he walked in on a guy raping his four year old and he killed him- the jury will find some argument in his defense to cling on to. Unless there are some fishy circumstances like the dad had been talking about how he was going to kill the alleged rapist over a gambling debt, or there is a question as to whether the assault actually occurred or something anyways.
    Last edited by teamosil; 06-12-12 at 01:22 AM.
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    Re: Sheriff: Father kills man sexually abusing his daughter

    Quote Originally Posted by jamesrage View Post
    According to the sheriff "You have a right to defend your daughter. He acted in defense of his third person." I believe using lethal force in defense of the 3rd person is legal in Texas and many other states.

    Texas Penal Code - Section 9.33. Defense Of Third Person - Texas Attorney Resources - Texas Laws

    § 9.33. DEFENSE OF THIRD PERSON. A person is justified in
    using force or deadly force against another to protect a third
    person if:
    (1) under the circumstances as the actor reasonably
    believes them to be, the actor would be justified under Section 9.31
    or 9.32 in using force or deadly force to protect himself against
    the unlawful force or unlawful deadly force he reasonably believes
    to be threatening the third person he seeks to protect; and
    (2) the actor reasonably believes that his
    intervention is immediately necessary to protect the third person.
    The only issue I can imagine prosecutors having is the method, i.e. beating him to death, but imo, that sick piece of **** got off easy compared to what he deserved. A 4 year old girl? Jesus ****ing Christ. I'll support any law that allows the execution of convicted child rapists.
    Last edited by Surtr; 06-12-12 at 01:41 AM.
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    Re: Sheriff: Father kills man sexually abusing his daughter

    What he did was nothing compared to what I would do to someone who hurt one of my babies.
    “In politics, stupidity is not a handicap.” -Napoleon

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    Re: Sheriff: Father kills man sexually abusing his daughter

    Quote Originally Posted by evanescence View Post
    What he did was nothing compared to what I would do to someone who hurt one of my babies.
    I'm with you there sister.

    I'd make the bastard wish he'd never been born.

    Can't fault the guy for what he did.

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    Re: Sheriff: Father kills man sexually abusing his daughter

    a righteous kill.... kudos to the pops

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    Re: Sheriff: Father kills man sexually abusing his daughter

    Quote Originally Posted by jamesrage View Post
    According to the sheriff "You have a right to defend your daughter. He acted in defense of his third person." I believe using lethal force in defense of the 3rd person is legal in Texas and many other states.

    Texas Penal Code - Section 9.33. Defense Of Third Person - Texas Attorney Resources - Texas Laws

    § 9.33. DEFENSE OF THIRD PERSON. A person is justified in
    using force or deadly force against another to protect a third
    person if:
    (1) under the circumstances as the actor reasonably
    believes them to be, the actor would be justified under Section 9.31
    or 9.32 in using force or deadly force to protect himself against
    the unlawful force or unlawful deadly force he reasonably believes
    to be threatening the third person he seeks to protect; and
    (2) the actor reasonably believes that his
    intervention is immediately necessary to protect the third person.
    That's the baseline, yes, but it doesn't necessarily cover what this guy did. Once he got to the point where his daughter is no longer in physical danger he didn't really have any legally defensible right to continue to beat the guy. Don't get me wrong, the guy deserved a beating, but it wasn't necessarily lawful.

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    Re: Sheriff: Father kills man sexually abusing his daughter

    I have heard of similar murder cases and its always sad to see. The father cannot be charged with premeditated murder, it will probably be classified as a passion killing/emotions took over in the moment. But he will more than like go to prison for a few years. I feel really bad for the little girl. She has to lose her father because of all of this now. I really hope the father gets psychological help as well as the daughter. Being in prison can really screw somebody up.

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