“Certainly a case of self-defense, is what we have,” McManus said. “We would prefer that they call the police before taking that into your own hands, but he did what he felt he needed to do.”
Based on preliminary information from investigators, defense attorney Nico LaHood says the owner's actions were justified under the Texas Penal Code.
“Citizens have a right to prevent the consequences of a theft," said the former Bexar County district attorney. "In that prevention of consequences, you can use force to prevent a theft. You can use physical force, but the law also says you can display a weapon. That is considered force, but it’s not considered deadly force.
"What made this different," LaHood continues, "was the suspect actually used deadly force against the vehicle owner. At that time, he had the right to use deadly force to prevent his own injury. He should not be facing any charges from this incident."
LaHood says what a person can do and what a person should do are two different matters.
“If you’re asking me my opinion, (people) have lost confidence in some of our institutions, unfortunately,” LaHood said.
Did you miss the part about the owner being shot and wounded before killing the thief.. I would think self defense might apply in that situation, all day every day.... Perp was in no danger (other than being arrested for stealing a car) until he made the decision to engage with the owner. FAFO applied in that case.Owner was NOT using force to prevent vehicle from being stolen. He WAS using force to RECOVER STOLEN property. He was wrong. All day, every day, everywhere. Period.
I gather you've never heard of a citizen's arrest.Owner was NOT using force to prevent vehicle from being stolen. He WAS using force to RECOVER STOLEN property. He was wrong. All day, every day, everywhere. Period.
Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
(4) a state jail felony if:
(A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000;
(5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is:
Yep. Sone people just can’t admit they might be wrong though. Not expecting it here either.I gather you've never heard of a citizen's arrest.
Looks like he was well within his rights to do what he did
Yuppers...okay to track one's vehicles, I have GPS trackers on all of my vehicles.Wait for the cavalry from a safe distance. "Tracked down" in San Antonio sounds GPS guided to me. Provide Intel as needed, wait for the cavalry.
Key term is 'Defend oneself'...not go on the offensive or on a rampage!You have evidence of a crime. Report said evidence to the people who gather, catalog and store said evidence, the police.
My carry license is not a Batman badge.
I defend myself with deadly force ONLY when necessary, aka my life is endangered, not because my ego is endangered.
Living in California I was a forklift tech on the road. We rented a forklift to Folsom Prison, the max security area. I had a service call to fix it once. Guard said to remove any possible weapon from my service truck.............filled with mechanics tools of all sorts......I'm too fragile to work or live in a prison.
He was defending / protecting his property…… the thief fired the first shot…. Then the person was defending themselves.Key term is 'Defend oneself'...not go on the offensive or on a rampage!
One has to be rational in dealing with others, including their stupidity, not impulsive or irrational!!!
If you noticed, I was quoting Mr. Kirk Freeman, in my response...agreeing with him and his statement. I was NOT making a statement about the individual in Texas who tracked down his own vehicle and chose to engage with the thief who stole it. Sorry, but I think you made yourself out to be your own statement.He was defending / protecting his property…… the thief fired the first shot…. Then the person was defending themselves.
I practice avoidance. That doesn’t mean everyone has to…. Would I handle it this way? Not a chance. I win every gun fight I am not in. Does that mean he is wrong? No. He just has a different opinion and risk tolerance.
This is why gun owners / republicans / the right / conservatives / any other descriptive word I missed cannot get ANYTHING done.
Completely unnecessary to tear this guy down just because you would have handled it differently doesn’t make his response wrong after all it is within the law. If this guy was a democrat (or any other word of that persuasion) he could have been dressed like a lady and walked up and pulled the trigger and you can bet your *** every one on that side would come to defend that “woman”. And the news would read “ Fox News misgenders hero “ and they would ALL sing the same tune.
Meanwhile the independent minded people will argue all the technicalities of the situation belittling and condemning their “own” in the process.
I agree...once one is inside a prison, one really begins to grasp the reality of it...Living in California I was a forklift tech on the road. We rented a forklift to Folsom Prison, the max security area. I had a service call to fix it once. Guard said to remove any possible weapon from my service truck.............filled with mechanics tools of all sorts......
Told me to not talk to anyone, got it!!!
He assigned a guard for me and one for my truck.
Very interesting experience and it reaffirmed the idea of NEVER going to jail.
Don
To me your comment was implying the defender went on a rampage my mistake if I was incorrect. And to be honest it wasn’t really directed only at that comment but a multitude of others in the thread but I already had clicked replyIf you noticed, I was quoting Mr. Kirk Freeman, in my response...agreeing with him and his statement. I was NOT making a statement about the individual in Texas who tracked down his own vehicle and chose to engage with the thief who stole it. Sorry, but I think you made yourself out to be your own statement.
Very well said!You have evidence of a crime. Report said evidence to the people who gather, catalog and store said evidence, the police.
My carry license is not a Batman badge.
I defend myself with deadly force ONLY when necessary, aka my life is endangered, not because my ego is endangered.
Says the man’s who’s ego still hasn’t apologized for calling peopleYou have evidence of a crime. Report said evidence to the people who gather, catalog and store said evidence, the police.
My carry license is not a Batman badge.
I defend myself with deadly force ONLY when necessary, aka my life is endangered, not because my ego is endangered. yeah your judgement is sound.
I do’t know details in OP’s case, but in the other “ Track down and pick up at Southpark Mall” story the owner had an Apple AirTag in his truck.Wait for the cavalry from a safe distance. "Tracked down" in San Antonio sounds GPS guided to me. Provide Intel as needed, wait for the cavalry.
Get help, bob.Says the man’s who’s ego still hasn’t apologized for calling people
Liars from the mask ordeal or hOrSe pAsTe.