RACE Robbery victim (CHL Holder) shoots attacker to death outside of McDonald's

Papacub

Papacub

Veteran Member
HPD: Robbery victim shoots attacker to death outside of McDonald's
HPD: Two robbers got away, one was shot
Author: Mark Boyle, Reporter, mboyle@kprc.com
Published On: Sep 10 2013 10:35:09 PM CDT Updated On: Sep 11 2013 08:37:20 AM CDT

http://www.click2houston.com/news/h...alds/-/1735978/21876912/-/io93qt/-/index.html


HOUSTON -
Homicide detectives are investigating after police said a man shot and killed a suspected robber who tried to steal his car at a north Houston McDonald's.
The incident happened Tuesday evening at the McDonald's located at I-45 and West Little York.
Authorities said a man was at the Redbox at the McDonald's returning a movie when a green Honda Civic pulled up to the restaurant.
Police said three men got out of the Honda and robbed the man, stealing his cell phone, keys and wallet. However, police said the man also had a gun on him at the time.
Two of the robbers jumped into the man's car, trying to steal it. As they were getting ready to back out, police said the man pulled out his weapon and fired several shots.
Officials said the man shot the robber sitting in the passenger seat, and also shot the robber sitting in the driver's seat. As the robber driving the car tried to get away, police said he fell out and died.
The robber sitting in the passenger seat was shot but got away. Police said they are checking local hospitals to try and find him.
Authorities said the robber that was in the getaway vehicle was able to drive off.
Police said the man who was being robbed is a Concealed Handgun License carrier.
There are currently no charges pending, but authorities said the case is being turned over to the district attorney.
 
the watcher

the watcher

Inactive
Now they'll claim he wasn't in imminent danger, since the robbers were driving away...Damned if you do, damned if you don't..
 
LightEcho

LightEcho

Has No Life - Lives on TB
When someone commits a crime with a weapon and attempts to escape, they are fair game. If you don't stop them, they are likely to hit someone else.
 
M

mostlyharmless

Veteran Member
Texas allows the use of deadly force to protect property AT NIGHT. I think the victim (CHL holder) is going to be fine.

the watcher said:
Now they'll claim he wasn't in imminent danger, since the robbers were driving away...Damned if you do, damned if you don't..
Click to expand...

A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
- See more at: http://codes.lp.findlaw.com/txstatutes/PE/2/9/D/9.42#sthash.SywXGBac.dpuf
 
the watcher

the watcher

Inactive
Good post Steve, didn't realise he was in Texas, where you're car is considered an extension of you're domain (castle doctrine). Well I hope it turns out ok for him.
 
Papacub

Papacub

Veteran Member
The video at the website didn't help a lot, but......the area where it happened and the fact that the car that was stolen had "Swangas" on it,
pretty much tells you all you need to know.
 
Zahra

Zahra

Veteran Member
Thank heavens he was in Texas -- those are fair & just laws! Score one for the good guy!
 
K

KenGin31

Veteran Member
It depends on weather or not the DA's a liberal or not. The threat to his life was over. Should have shot the tires out first to elesate a response then shot them.
 
Papacub

Papacub

Veteran Member
KenGin31 said:
It depends on weather or not the DA's a liberal or not. The threat to his life was over. Should have shot the tires out first to elesate a response then shot them.
Click to expand...

See Scubasteve's post above...

A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
 (3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
- See more at: http://codes.lp.findlaw.com/txstatut....SywXGBac.dpuf

Don't need to shoot the tires out...just take care of business and be done with it!!
 
Millwright

Millwright

Knuckle Dragger
_______________
If someone was in a running car pointing at a cop, it would be a "good shoot".

...but a loaded dog, not pointed at a cop is fair game too.
 
RCSAR

RCSAR

Veteran Member
No it was legal IMHO. The shooter WILL have to go before a Grand Jury and explain what happened. All shootings by police or anyone go before a Texas GJ. If he kept quiet till he got an attorney he will be ok in my opinion again. Fact is they were Escaping Felons but I'm sure that will not be brought up to a point.

What is left out was, was it a strong arm robbery or was a weapon or threat of a weapon involved in the comission of the crime? Did he fear for his life? It can get very complicated very fast depending on what you say at any point until you get your lawyer to speak to you. The story lacks a lot of detail.

Long term
Folks that commit robberies tend to escalate the violence in those robberies (as a rule). Same can be said about wife beaters.

One less bad guy on the streets! Be they yellow, black, green or white it is not a color issue but having seen the stats on robberies in the state I'll bet it was a black on white crime.
 
Dennis Olson

Dennis Olson

Chief Curmudgeon
_______________
Millwright said:
If someone was in a running car pointing at a cop, it would be a "good shoot".

...but a loaded dog, not pointed at a cop is fair game too.
Click to expand...


Dogs are always considered loaded by law enforcement. Particularly the "evil black dogs" with detachable magazines and bark suppressors.
 
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