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

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    Texas boy, 7, dies after shot in mistaken trespass

    HOUSTON - A 7-year-old boy who was allegedly shot in the head by a couple who thought he and three other people were trespassing on their property died Saturday, authorities said.

    Donald Coffey Jr. died Saturday morning at a Houston hospital, less than two days after the boy was struck in the head by shotgun pellets, Liberty County Sheriff's Cpl. Hugh Bishop said.
    Texas boy, 7, dies after shot in mistaken trespass | AP | 05/09/2009

    Hey, kid's parents should have known better, right?

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

    If the levee was not owned by the couple shooting - then its murder.

    If they were indeed on private property, stupid parents for offroading in an area with a sign about trespassing.
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    Re: Texas boy, 7, dies after shot in mistaken trespass

    I'm still not sure whether trespassing has been established, however the actions the couple took were most certainly premature, since it doesn't appear they were theatened. Looks like the charges are correct.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
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    Re: Texas boy, 7, dies after shot in mistaken trespass

    Quote Originally Posted by American View Post
    I'm still not sure whether trespassing has been established, however the actions the couple took were most certainly premature, since it doesn't appear they were theatened. Looks like the charges are correct.

    And yet, if the kid had stepped across the property line, under Texas law the killing would be considered justified, correct?

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

    what a bunch of idiots.
    Let evil swiftly befall those who have wrongly condemned us

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

    Quote Originally Posted by WillRockwell View Post
    And yet, if the kid had stepped across the property line, under Texas law the killing would be considered justified, correct?



    uhm please point out in texas code where this would be considered "justified" you know to shoot a 7 year old....


    speculation does not cut it.
    Let evil swiftly befall those who have wrongly condemned us

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

    Quote Originally Posted by WillRockwell View Post
    And yet, if the kid had stepped across the property line, under Texas law the killing would be considered justified, correct?
    Not necessarily.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

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

    Quote Originally Posted by WillRockwell View Post
    And yet, if the kid had stepped across the property line, under Texas law the killing would be considered justified, correct?
    Google Texas Castle Doctrine and read how incorrect you are.

    In 2007, the Texas Legislature passed Senate Bill 378, aka "Texas Castle Law" or "Texas Castle Doctrine", which allows for the use of deadly force when someone is illegally entering one's home, vehicle, place of business, or place of employment. Specifically, Texas Penal Code Chapter 9 Section 31 was amended to read as follows:

    Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
    (1) knew or had reason to believe that the person against whom the force was used:
    (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
    (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
    (C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
    (2) did not provoke the person against whom the force was used; and
    (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
    (b) The use of force against another is not justified:
    (1) in response to verbal provocation alone;
    (2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);
    (3) if the actor consented to the exact force used or attempted by the other;
    (4) if the actor provoked the other's use or attempted use of unlawful force, unless:
    (A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
    (B) the other nevertheless continues or attempts to use unlawful force against the actor; or
    (5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
    (A) carrying a weapon in violation of Section 46.02; or
    (B) possessing or transporting a weapon in violation of Section 46.05.
    (c) The use of force to resist an arrest or search is justified:
    (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
    (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
    (d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.
    (e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.
    (f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.
    The kid was 7 and riding with his parents. He wasn't doing anything unlawfully. Force was not being used.

    Texas laws are posted online for all to read. Simply go to Texas Legislature Online and do the research.

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




    It does look like they've had some long years in them.

    And because this happened in Texas.. (their murder of this 7 year old boy).. they'll fry for it. And they should, they give responsible gun owners a ****ty name.
    George Washington didn't use his freedom of speech to win the war with Britain... He shot them.

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

    Quote Originally Posted by stevenb View Post



    It does look like they've had some long years in them.

    And because this happened in Texas.. (their murder of this 7 year old boy).. they'll fry for it. And they should, they give responsible gun owners a ****ty name.
    So if they looked like Ward and June Cleaver, it'd be okay right? The law doesn't judge people by their looks.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

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