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Thread: Texas boy, 7, dies after shot in mistaken trespass

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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Goobieman View Post
    Never mind that no one has ever argued that rights cannot be abused.
    Ah, it just looked like someone was trying to create an easement....

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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Blackdog View Post
    Florida's law is very similar in that you do not have to retreat under any circumstance from your car, home or place of business, period.
    As it should be.

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    Re: Texas boy, 7, dies after shot in mistaken trespass

    You said this:


    Quote Originally Posted by Goobieman View Post
    Beats me. All I said was that in TX, you may kill in self-sefense to protect property (even of a third person) absent a direct threat to your life.
    And cited this as proof:
    Sec. 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.
    Your proof clearly states there must be the threat of force, so your claim that Texas law justifies self defense "absent a direct threat to your life" is incorrect, unless you have further evidence from Texas law.

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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Goobieman View Post
    You are confused.
    I am not arguing that shooting the child was legal; I -was- arguing that, in TX, you do not need to be threatened with bodily harm before you you can use deadly force to protct yorself, your property, someone else, or the property of someone else.
    The fact of this matter is that the man and alleged woman were firing on trespassers and they had no legal justification for doing so.

    Now you're trying to move goal posts or otherwise claim you were posting utter irrelevancies with absolutely no bearing on the case at hand.

    Whatever.

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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by WillRockwell View Post
    Your proof clearly states there must be the threat of force, so your claim that Texas law justifies self defense "absent a direct threat to your life" is incorrect, unless you have further evidence from Texas law.
    C'mon son. You can do better than this. Maybe.

    ...unlawful force or unlawful deadly force...
    "Unlawful force" would be unlawful force which is NOT "unlawful DEADLY force".

    Thus, you can use deadly force to protect you, your property, or that of a third party from "unlawful force" which differs from "unlawful deadly force".

    And so, my statement stands. I'll take that Thanks now.

    (PS: Still waiting for that appearance on the other thread)
    Last edited by Goobieman; 05-11-09 at 05:09 PM.

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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Scarecrow Akhbar View Post
    The fact of this matter is that the man and alleged woman were firing on trespassers and they had no legal justification for doing so.
    Thats all well and good - as noted before, I'm not defending their actions, and I challenge you to show where I have.

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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Goobieman View Post
    C'mon son. You can do better than this. Maybe.


    "Unlawful force" would be unlawful force which is NOT "unlawful DEADLY force".

    Thus, you can use deadly force to protect you, your property, or that of a third party from "unlawful force" which differs from "unlawful deadly force".

    And so, my statement stands. I'll take that Thanks now.

    Trespassing does not constitute force of any kind. Try to concentrate instead of patting yourself on the back. Your perpetual endzone dance is tiresome.

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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by WillRockwell View Post
    Trespassing does not constitute force of any kind.
    I see that you also dont understand my position here.
    Not sure how that can be, given how clear I have been.
    Oh well. When you figure it out, let me know.
    Last edited by Goobieman; 05-11-09 at 05:44 PM.

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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Goobieman View Post
    And, the reason you do not see it in his helpful quote of TX law is because you didnt bother to look at the link he posted. Had you done that...



    Your thanks is accepted.
    I'm not really interested in going through the whole law but the part you quoted doesn't seem to mention property. It looks like self defense or the defense of another person, nothing about property. Maybe I missed it?
    Affiant further sayeth not.

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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by Scarecrow Akhbar View Post
    Nope. They committed murder. Just posting a sign doesn't give them legal authority to shoot trespassers. They have to prove imminent threat of bodily harm. They're just dumb rednecks abusing their right to bear arms.
    Quote Originally Posted by Hatuey View Post
    Hmmm...so rights CAN be abused....interesting.
    Sure, just try to yell "FIRE" in a movie theater.
    Affiant further sayeth not.

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