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Link Posted: 1/8/2023 7:07:22 AM EDT
[#1]
Well, apparently he lawyered up and his attorney has
contacted the police according to NBC news on youtube.

https://www.youtube.com/watch?v=k4xNs0HwQ7c
Link Posted: 1/8/2023 7:22:31 AM EDT
[#2]
Leaving the scene was stupid but glad he lawyered up...thats smart.   The so called "anchor shot" looked more like an Accidental Discharge" to me  he was grabbing the money with his off hand and had a sympothetic response....that is why you keep your booger hook off the bang switcb
Link Posted: 1/8/2023 8:53:49 AM EDT
[#3]
They wanted to find him only to tell him Gracias.

On a side note never get in the way of a man finishing his Caldo de Res
Link Posted: 1/8/2023 9:03:21 AM EDT
[#4]
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If there an extended version that shows the whole enchilada?

Most of the videos are from Channel 11 Houston and to avoid glamorizing gun violence, they stop at the point the Citizen pulls out his gun - they don't show the first shot, much less the last ones.

Bigger_Hammer





His cafe buddy laid back the whole time. That smiling "you boss" look at the end...
Link Posted: 1/8/2023 9:04:43 AM EDT
[#5]
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First four shots are easy to justify.

Next four get progressively harder to justify.

Final shot looks like either a negligent discharge, or an FU anchor shot.

Having said that, I have never been in that position and hope that day never comes.
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If there an extended version that shows the whole enchilada?

Most of the videos are from Channel 11 Houston and to avoid glamorizing gun violence, they stop at the point the Citizen pulls out his gun - they don't show the first shot, much less the last ones.

Bigger_Hammer




Oh man haha. Looked like a mag dump with an anchor shot.

It’ll be interesting to see how this goes for him.



First four shots are easy to justify.

Next four get progressively harder to justify.

Final shot looks like either a negligent discharge, or an FU anchor shot.

Having said that, I have never been in that position and hope that day never comes.


He might be from Brazil originally. They allow that in Brazil. Might even encourage it.
Link Posted: 1/8/2023 9:08:51 AM EDT
[#6]
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It wasn't an 'anchor shot'.  Enough time had passed from the shot before the pause, and the robber was dead before the last shot.  Guilty of corpse mutilation.
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Attachment Attached File
Link Posted: 1/8/2023 9:09:52 AM EDT
[#7]
Unless they're looking to reimburse him for his meal and ammo and thank him for his heroism, they should leave him alone. However, "questions" does not sound like they want to do that.
Link Posted: 1/8/2023 9:10:05 AM EDT
[#8]
Police said the restaurant owner and workers were the only ones who remained at the scene.
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Looks like the shooter wasn't the only one that prefers to mind his own business.  I kind of want to move to that neighborhood.
Link Posted: 1/8/2023 9:15:25 AM EDT
[#9]
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Leaving the scene was stupid but glad he lawyered up...thats smart.   The so called "anchor shot" looked more like an Accidental Discharge" to me  he was grabbing the money with his off hand and had a sympothetic response....that is why you keep your booger hook off the bang switcb
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Can’t risk that any other robber homies were on the way.
Link Posted: 1/8/2023 9:16:47 AM EDT
[#10]
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Looks like the shooter wasn't the only one that prefers to mind his own business.  I kind of want to move to that neighborhood.
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I get it.
Do the needful and get back to life.
It's a sad state of affairs when we have to consider the heroes legal status.
He just did what needed to be done.
Link Posted: 1/8/2023 9:17:25 AM EDT
[#11]
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No, even when you have a video, you want to talk to the shooter because that's part of an investigation.  The shooter may well choose to invoke his 5th Amendment rights; but you still want to identify him and talk to him if possible because your job is to do a full investigation.  Part of asking him if he wants to invoke his 5th Amendment rights is identifying him.

I mean, shit or get off the pot on the rule of law thing,
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Except when you have a video clearly showing it was an innocent bystander shooting an armed robber.

Secondly, the shooter doesn't have to talk to you. So unless you have PC to charge him, pound sand.


No, even when you have a video, you want to talk to the shooter because that's part of an investigation.  The shooter may well choose to invoke his 5th Amendment rights; but you still want to identify him and talk to him if possible because your job is to do a full investigation.  Part of asking him if he wants to invoke his 5th Amendment rights is identifying him.

I mean, shit or get off the pot on the rule of law thing,


Is that a law or just a procedure?  Important distinction.
Link Posted: 1/8/2023 9:20:49 AM EDT
[#12]
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I like how he returns to the table to finish off his coffee.
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After throwing the robbers fake gun across the room when he realizes it isn't real.
Link Posted: 1/8/2023 9:22:00 AM EDT
[#13]
Leaving the scene was smart.

Why would anyone stick around for the stiff’s friends to show up, or wait for the cops so he can make incriminating remarks or constrain his defense?

GTFO and STFU.
Link Posted: 1/8/2023 9:23:45 AM EDT
[#14]
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The fleeing part isn't an issue in TX.  
Anchor shot, maybe.
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Harris County DA might have a problem with this one due to the anchor shot and questionable shoot while fleeing. If he did this in Montgomery County they would still like to talk since he did leave the scene and discharged a firearm.

The fleeing part isn't an issue in TX.  
Anchor shot, maybe.


Technically not. But it’s Harris County.
Link Posted: 1/8/2023 9:41:42 AM EDT
[#15]
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He might be from Brazil originally. They allow that in Brazil. Might even encourage it.
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If there an extended version that shows the whole enchilada?

Most of the videos are from Channel 11 Houston and to avoid glamorizing gun violence, they stop at the point the Citizen pulls out his gun - they don't show the first shot, much less the last ones.

Bigger_Hammer




Oh man haha. Looked like a mag dump with an anchor shot.

It'll be interesting to see how this goes for him.



First four shots are easy to justify.

Next four get progressively harder to justify.

Final shot looks like either a negligent discharge, or an FU anchor shot.

Having said that, I have never been in that position and hope that day never comes.


He might be from Brazil originally. They allow that in Brazil. Might even encourage it.

I had that thought early on. I've seen plenty of videos of bad guys getting favela justice, and the shooter's actions kinda had that vibe.


Link Posted: 1/8/2023 9:43:18 AM EDT
[#16]
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https://www.ar15.com/media/mediaFiles/37749/Screen_Shot_2023-01-07_at_5_59_54_PM-2664159.png
In this frame right as the final shot is fired, the shooter has the robber's gun in his left hand. His right hand is extended toward the robber with the gun at point blank.
The odds that bullet didn't hit the robber are tiny.
Shooting the guy when he's not moved AND you have control of his weapon is going to be the hardest of sells and I don't think he can do it.
We all realize those anchor shots are not compliant with self defense. By law they are murder. We get that. Nobody is arguing that is not what the law says.
I think there are many people that after seeing violent felons and thieves not get prosecuted for their crimes IAW the law on the books and allowed to walk, St. Floyd Riots not being stopped,  but police told to stand down, I think there is an attitude that that if the DAs are going to be subjective on who and what they prosecute then many people,  here included, just don't give a fuck about what the law says either. What is good for the goose is good for the gander. Dead perp committing armed robbery is a good shoot. many don't give a fuck if it is legally compliant. The end justifies the means. Fuck the law.
it is also not reasonable to expect an untrained person who is going to get ramped up in self defense in a fight for his life in a lethal force encounter to just turn the fight in him off when the criminal goes down.  Some people can, many can not. As you know, this is one of the many things that LEO training teaches and is done with BATS and Force on Force for this very reason.
If I was on the jury he would walk, I would nullify for the reason just stated. It isn't reasonable to expect an untrained person to just instantly turn off the fight in his brain. Proof of that is that LEO training spends a fair amount of time on it, in almost every scenario,  at least at the federal level they do.
Link Posted: 1/8/2023 9:44:06 AM EDT
[#17]
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You are not one of us. You are not from this state. You don’t live in Houston. You are not going to be on a jury of the hero’s piers.  Why do you keep arguing in favor of the dead felon?

You made your point several pages back. We read it. We don’t agree with your feelings.

Texans have a low tolerance for bullshit. Hence our very loose deadly force laws here.

Homie had no business invading that taqueria and he knew it and he paid the price. It’s  as simple as that.

When a Texas judge writes a warrant it always includes the phrase “Against the peace and dignity of the state of Texas.”  Meaning the people of Texas.

Invading a taqueria and waving a gun around and threatening peaceful people with death or bodily harm certainly comes under the meaning of that phrase.

This is our business. It is none of your business.
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Some people simply don’t understand these simple facts. Act like the idiot who was robbing the restaurant will get you killed and no one is going to give a shit that you died.
Link Posted: 1/8/2023 9:46:23 AM EDT
[#18]
That criminal will never hurt anyone ever again. Shame it's generally not kosher with the law.
Link Posted: 1/8/2023 9:48:42 AM EDT
[#19]
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Sec. 9.41.  PROTECTION OF ONE'S OWN PROPERTY.  (a)  A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.(b)  A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1)  the actor reasonably believes the other had no claim of right when he dispossessed the actor;  or
(2)  the other accomplished the dispossession by using force, threat, or fraud against the actor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.



Sec. 9.42.  DEADLY FORCE TO PROTECT PROPERTY.  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.


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Bang your dead
Link Posted: 1/8/2023 9:56:21 AM EDT
[#20]
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Oh man haha. Looked like a mag dump with an anchor shot.

It'll be interesting to see how this goes for him.
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If there an extended version that shows the whole enchilada?

Most of the videos are from Channel 11 Houston and to avoid glamorizing gun violence, they stop at the point the Citizen pulls out his gun - they don't show the first shot, much less the last ones.

Bigger_Hammer




Oh man haha. Looked like a mag dump with an anchor shot.

It'll be interesting to see how this goes for him.
10 or maybe even 5 years ago I would have cared about the anchor shot. Now? I'm voting not guilty on that jury all day long.
Link Posted: 1/8/2023 9:56:57 AM EDT
[#21]
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You can’t charge him if you can’t find him.

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You can't jail him if the governor has pardoned him.
Link Posted: 1/8/2023 9:58:45 AM EDT
[#22]
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You can't 'murder' a robber any more than you can murder a rapist or pedophile. Their literal existence justifies their demise.
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I hope based taco customer is never found. Murder every robber because they have no respect for life or law.


You can't 'murder' a robber any more than you can murder a rapist or pedophile. Their literal existence justifies their demise.
I nominate you as least retarded 22'er of the class.


Link Posted: 1/8/2023 10:06:35 AM EDT
[#23]
My only comment thus far:

Bill Anderson ~ Ride off in the Sunset
Link Posted: 1/8/2023 11:28:33 AM EDT
[#24]
Victim Picks The Perfect Time To Turn the Tables in Houston
Link Posted: 1/8/2023 11:36:51 AM EDT
[#25]
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Full vid. Can't believe he anchored him at the end


https://twitter.com/NuanceBro/status/1611808197316075521
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Screen name does not fit
Link Posted: 1/8/2023 11:39:23 AM EDT
[#26]
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A liberal da will get a grand jury indictment easy. The da will use every bit of his actions in the video such as when he realizes the gun is fake and throws it and says let's get out of here. Then he takes a drink and dumps it on dead bad guy. Shots in the back. Anchor shot. Lack of remorse for his shots. And so on. I am ok with all of it but we have too many people, especially ones that play god with peoples lives, that have no stomach for violence, even if it is used in self defense. Hope this guy stays hidden
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And a lot are members of GD
Link Posted: 1/8/2023 11:41:57 AM EDT
[#27]
That's funny, everyone including the victims left the scene before the cops got there. Only the mexican music and the dead body were there.


A customer fatally shot a robber in the head after he held up a Texas restaurant with a fake gun - and police are now searching for the vigilante who helped get the stolen money back to the patrons.  

The robber, believed to be in his 20s, entered Ranchito #4 Taqueria in southwest Houston on Thursday night wearing a black ski mask and gloves before ambushing 10 customers and demanding their money at gunpoint.

Footage shows the shouting man wave what is believed to be a pistol around the restaurant, while customers drop to the ground and hand over their belongings.



But as the man headed towards the door, one of the patrons - described by police as either white or Hispanic - produced his own gun and shot the robber.

He fired nine times - one of which was in the head - causing him to collapse to the ground. The customer, wearing a grey t-shirt and jeans, then collected the stolen money and cellphones and started handing it back to the people they were taken from.

Police have not filed any charges and just want to speak to the customer.




Self defense or excessive force: Will the shooter face charges? 

In Texas, people are allowed to use fatal force when they believe their life or another party's life is in immediate danger.

Experts say that Texas law also outlines specific instances for aggravated robbery where deadly force is completely justified. 

In this case, where the person he shot was in the process of committing an 'armed' robbery, the customer's use of deadly force in self defense is allowed.

He would have also reasonably been in fear of serious bodily injury or death, believing the robber had a gun.

The defense can be used as a defense to homicide charges. It is legal to kill someone in self defense in Texas if:

1. You reasonably believe that there is an imminent danger of you or someone else being seriously injured or killed.

2. Your use of deadly force was necessary and appropriate at the time you used it.





Pedro Lopez, owner of the taqueria, said he and his employees are still in shock but he is glad that his staff and customers were unharmed in the shooting



He then fled the scene in a dusty pickup truck at around 11:30pm on January 5, along with the other customers in the taqueria on South Gessner Road.  

Investigators say that they want to track down to the pictured man for his role in the shooting - and that no charges have been filed yet. 

The identity of the robber has not yet been released - but police believe the gun he was waving around the restaurant may have been a plastic BB gun. 

HPD Homicide Division Sergeants M. Arrington, C. Duncan and Detectives S. Overstreet and L. Lovelace said in a report: 'Officers were dispatched to a shooting call at the restaurant at the above address and observed an unknown black male in all black clothing, a black ski mask, and black gloves had been shot multiple times inside the business. 

'Paramedics pronounced him deceased. Witnesses told officers the suspect entered the restaurant and pointed a pistol at patrons as he demanded their money. 

'As the suspect collected money from patrons, one of the patrons, described as a white or Hispanic male, produced a gun of his own and shot the suspect multiple times. 

'The shooter collected the stolen money from the suspect and returned the money to other patrons. He and other patrons (victims) then fled the scene.'

Pedro Lopez, owner of the taqueria, said he and his employees are still in shock. 

He told ABC13: 'Everyone was scared, nervous. I was too. Some customers were seated here, others were over there, he go the money and was going to leave

'You never really know what is going to happen.'



Cops have also released an image of the vehicle that the man who killed the robber fled the scene in.



It is a 1970s or '80s model pickup truck with no bed in a rusty-red color. Cops are hoping that this may lead them to the man they are wishing to speak to. 

Experts believe that the customer will most likely not face charges - as his use of excessive, deadly force was justified considering the circumstances. 

Former Houston police officer, now lawyer, Thomas Nixon said: 'The person he shot was in the process of committing robbery and consequently his use of force in defense of himself and innocent third parties is completely justified in Texas.

'He was reasonably in fear of serious bodily injury or death.' 

Nathan Beedle with the Harris County District Attorney's Office believes that the shooting was justified, adding: 'I can point you exactly where it is in the law, 9.31 and 9.32 of the penal code.

'Whether someone uses deadly force in the situation, that is presumed to be correct under Texas law.' 

Texas has some of the most permissive gun laws in the US. Residents and non-residents over the age of 21 are allowed to carry a handgun - either openly or concealed - in most places in the state.

This does not include people who have any prior felony convictions. 

Since September 2021, Texans do not need a permit to opening carry a handgun in the state. 







More
Link Posted: 1/8/2023 11:48:16 AM EDT
[#28]
Link Posted: 1/8/2023 11:52:08 AM EDT
[#29]
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Give the guy a medal.

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And a new truck and free voucher for a new gun.
Link Posted: 1/8/2023 12:00:18 PM EDT
[#30]
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How would answering questions benefit him?
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My only answer to any question they asked would be watch video. Then shut up. It's all self EXPLANATORY. Armed bad guy robs people innocent victim shoots armed bad guy. Done
Link Posted: 1/8/2023 12:00:32 PM EDT
[#31]
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And a new truck and free voucher for a new gun.
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I can't remember exactly where in Texas, I think it was Dallas, a scrap yard owner shot 2 or 3 thieves in the space of a month and the PD kept taking his shotguns.  

A reporter tried to paint him as a vigilante psycho and got fired, and the public bought him a new shotgun.  

I'd pitch in to get the carnal/compinche/guey a new gun.
Link Posted: 1/8/2023 12:20:40 PM EDT
[#32]
hey OP

when we find out the hero's name, change the title of this thread and make it the official thread.  this whole event is going to be " Joe Horn Pasadena TX shooting" big.
Link Posted: 1/8/2023 12:23:36 PM EDT
[#33]
I sort of want to move to TX unless FL gets it together and allows constitutional carry with open carry.
Link Posted: 1/8/2023 12:25:45 PM EDT
[#34]
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Well, apparently he lawyered up and his attorney has
contacted the police according to NBC news on youtube.

https://www.youtube.com/watch?v=k4xNs0HwQ7c
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Smart
Link Posted: 1/8/2023 12:35:45 PM EDT
[#35]
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Damn I wanted it to be a clean shoot, and parts of it were. The first volley certainly was, second volley while advancing is troublesome, the final shot…shit… man I don’t want to be his defense attorney.

That being said… fuck the robber, and I don’t give a damn what happened to him. You start a deadly force event, you deserve whatever you get. I’m not convicting shooter if I’m on the jury… but I have a good idea why they want to talk to him and it’s to charge him. Dude needs to stay missing…
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agree here but sounds like he's in contact with LEO through a lawyer.
Link Posted: 1/8/2023 12:50:06 PM EDT
[#36]
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Maybe he doesn’t want people to get a false impression of their potential legal liability in Texas based on a willfully false reading of the law?

I think the robber got what he deserved too, but you don’t want to send people out there wrongly informed.
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You are not one of us. You are not from this state. You don’t live in Houston. You are not going to be on a jury of the hero’s piers.  Why do you keep arguing in favor of the dead felon?

You made your point several pages back. We read it. We don’t agree with your feelings.

Texans have a low tolerance for bullshit. Hence our very loose deadly force laws here.

Homie had no business invading that taqueria and he knew it and he paid the price. It’s  as simple as that.

When a Texas judge writes a warrant it always includes the phrase “Against the peace and dignity of the state of Texas.”  Meaning the people of Texas.

Invading a taqueria and waving a gun around and threatening peaceful people with death or bodily harm certainly comes under the meaning of that phrase.

This is our business. It is none of your business.


Maybe he doesn’t want people to get a false impression of their potential legal liability in Texas based on a willfully false reading of the law?

I think the robber got what he deserved too, but you don’t want to send people out there wrongly informed.


I’m 100% in the “good shoot” camp. But as in any discussion of the legalities of using deadly force, it’s definitely of importance to discuss all of the possible angles that a DA may use if it comes to trying to get a conviction.

Fair or not, all possible eventualities should be discussed and not just be dismissed because we don’t like them. There’s value in discussing/considering them.

In Texas, you don’t have a duty to sit there and take it and all it will take is being able to articulate that you were, in any way, reasonably concerned about the robber still being able to continue with the reasons you are justified in using deadly force in the first place.

If Boss Hogg is trying to convict this man of a crime, the chances she has of getting 12 jurors to agree that, beyond a reasonable doubt, the citizen shooter wasn’t justified in his use of force, she’s going to lose.

Good shoot.
Link Posted: 1/8/2023 12:54:08 PM EDT
[#37]
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Quoted:
Sec. 9.41.  PROTECTION OF ONE'S OWN PROPERTY.  (a)  A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.(b)  A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1)  the actor reasonably believes the other had no claim of right when he dispossessed the actor;  or
(2)  the other accomplished the dispossession by using force, threat, or fraud against the actor.


Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.



Sec. 9.42.  DEADLY FORCE TO PROTECT PROPERTY.  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.


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Our resident mod/popo gets it

Attachment Attached File
Link Posted: 1/8/2023 12:59:15 PM EDT
[#38]
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This, but at the same time I still think lawyering up and shutting up is the best option, even if what you did was legally in the right. Nothing good can come from talking to the police.
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When you're investigating why someone got shot, you kind of want to talk to the person that shot him.  Especially since, more often than not, shooting people is a crime.
This, but at the same time I still think lawyering up and shutting up is the best option, even if what you did was legally in the right. Nothing good can come from talking to the police.


That’s the best plan, every single time.

If you are there when they arrive, tell them you need medical and that you were a crime victim and that you want to invoke your 5th amendment rights and won’t say anything else until you have an attorney present.

That’s the way I understand it is to be handled, but if I’m wrong or missing a detail or five, I would definitely like to know.
Link Posted: 1/8/2023 1:00:03 PM EDT
[#39]
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Quoted:
Shot the asshole then recovered everyone's money.

Give the guy a medal.

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Most certainly
And also a monetary reward
Link Posted: 1/8/2023 1:04:22 PM EDT
[#40]
“Police say the SHOOTER then took the money from the SUSPECT”.

Im sorry, I think you mean “good samaratin” or at worst “alleged shooter” and you mean “perp” or “scumbag”.

What the fuck lol.

Good shoot.
Link Posted: 1/8/2023 1:15:09 PM EDT
[#41]
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The statute in question is Texas Penal Code Section 9.32.  It reads as follows:

(a)A person is justified in using deadly force against another:
(1)if the actor would be justified in using force against the other under Section 9.31 (Self-defense); and
(2)when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A)to protect the actor against the other’s use or attempted use of unlawful deadly force; or
(B)to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b)The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1)knew or had reason to believe that the person against whom the deadly 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 an offense described by Subsection (a)(2)(B);
(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.
(c)A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d)For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

So, what's going to apply here is whether the actor reasonably believes the deadly force is immediately necessary to prevent one of two things:  the other guy's use, or attempted use, of unlawful deadly force, OR the commission of one of several felonies, robbery being one of them.  Neither is the situation when the good guy fires the 9th shot, and that's the problem.  

"Immediately necessary" is the key here, and it's not apparent that it was immediately necessary when the good guy shot him that last time.  Articulate to me, the threat of deadly force the bad guy has on the ninth shot.  He doesn't have a gun anymore.  He's laying there leaking.  Which also means he's not leaving the scene, either, so the good guy's deadly force on the ninth shot  isn't immediately necessary to prevent the robbery.

We can go through 9.31 if you like, but it's not going to add any more light on the situation.

Don't anchor shoot people on video, and there's video everywhere these days.
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youve used that phrase a couple of times...

I am not sure it is actually in TX statutes.


The statute in question is Texas Penal Code Section 9.32.  It reads as follows:

(a)A person is justified in using deadly force against another:
(1)if the actor would be justified in using force against the other under Section 9.31 (Self-defense); and
(2)when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A)to protect the actor against the other’s use or attempted use of unlawful deadly force; or
(B)to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b)The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1)knew or had reason to believe that the person against whom the deadly 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 an offense described by Subsection (a)(2)(B);
(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.
(c)A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d)For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

So, what's going to apply here is whether the actor reasonably believes the deadly force is immediately necessary to prevent one of two things:  the other guy's use, or attempted use, of unlawful deadly force, OR the commission of one of several felonies, robbery being one of them.  Neither is the situation when the good guy fires the 9th shot, and that's the problem.  

"Immediately necessary" is the key here, and it's not apparent that it was immediately necessary when the good guy shot him that last time.  Articulate to me, the threat of deadly force the bad guy has on the ninth shot.  He doesn't have a gun anymore.  He's laying there leaking.  Which also means he's not leaving the scene, either, so the good guy's deadly force on the ninth shot  isn't immediately necessary to prevent the robbery.

We can go through 9.31 if you like, but it's not going to add any more light on the situation.

Don't anchor shoot people on video, and there's video everywhere these days.


It’s right there under 2a. Deadly force is deadly. The kind of force that causes death. The shooter used deadly for the purpose of stopping the actor from using deadly force on him and the other patrons and staff.

If he can simply articulate why he felt like he and they were still under threat of deadly force, then he easily walks. He had a very reasonable belief that the perp needed deading because the perp showed up and pointed a gun at and threatened every swinging dick in the entire restaurant.

Just because he had to take a slight pause in banging away on the trigger because of the way the perp was facing while on the ground doesn’t mean he executed him unnecessarily.

Ogg couldn’t get a jury of his peers to ignore the danger that the perp put all of the witnesses in and all agree that the shooter committed a crime in defending himself and everyone else against almost every single scenario presented in the law you posted.

About the only law in that statute that the robber didn’t violate was sexual assault and kidnapping.
Link Posted: 1/8/2023 1:17:05 PM EDT
[#42]
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Quoted:
He should counter sue for emotional damage from killing their piece of shit family member
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He will probably walk, but then the family lawsuit will come.
He should counter sue for emotional damage from killing their piece of shit family member


Texas residents are protected from civil suits in a criminal case where using deadly force is justified.

Which, in this case, it certainly was.
Link Posted: 1/8/2023 1:28:04 PM EDT
[#43]
"The identity of the robber has not yet been released"
So they know who it is, but still won't tell us.
Maybe they are still trying to find his baby pictures.
Link Posted: 1/8/2023 1:32:01 PM EDT
[#44]
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Quoted:

Yeah, nice anchor shot.  

I have no issue with it.
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Yeah, nice anchor shot.  

I have no issue with it.


I think y’all just think it makes you sound cool to say aNcHoR sHoT. But all you’re doing is feeding into a narrative for those against us to use, well, against us.

He fired 4 shots, the perp falls down.  Big fucking deal   He then fires 4 more because he is still completely reasonable to believe that he hasn’t stopped the threat. Then he gets in close to pick something up by the criminals head and then shoots again.

You don’t know where that shot went (there were 2 bullet holes in the glass door) and you have no idea what he saw or heard when he was in close.

Either way, he stepped up defend himself and a room full of people from a guy who was in the process of violating just about every law in the Texas statutes of when it’s reasonable to use deadly force.

And half of y’all are looking for a reason to bury him, including making shit up and giving it a stupid “scary name” for our enemies to use against him and us.

Just stop. You sound like a 10yo playing COD and you sound like an enemy of our civil and 2a amendment rights.
Link Posted: 1/8/2023 1:33:02 PM EDT
[#45]
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Quoted:


Grand jury day:
Him:  "I took the last shot because I was in fear for my and the other patron's lives."
Me:  "Sounds reasonable."
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Beautiful kill. I’d have that jury hung like Seabiscuit.


Grand jury day:
Him:  "I took the last shot because I was in fear for my and the other patron's lives."
Me:  "Sounds reasonable."


Attachment Attached File
Link Posted: 1/8/2023 1:40:20 PM EDT
[#46]
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Quoted:
Screen name?
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Who is our snake bit Houstonian? This is the kind of shit that happens to him.
Link Posted: 1/8/2023 1:40:28 PM EDT
[#47]
Throws the dudes fake gun at the wall.

Customer shoots and kills armed robber in Houston taco shop
Link Posted: 1/8/2023 1:43:16 PM EDT
[#48]
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Quoted:

Who is our snake bit Houstonian? This is the kind of shit that happens to him.
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I haven't seen him for some time, I know he had health issues, hope he's OK.
Link Posted: 1/8/2023 1:45:15 PM EDT
[#49]
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Quoted:
That's funny, everyone including the victims left the scene before the cops got there. Only the mexican music and the dead body were there.


A customer fatally shot a robber in the head after he held up a Texas restaurant with a fake gun - and police are now searching for the vigilante who helped get the stolen money back to the patrons.  

The robber, believed to be in his 20s, entered Ranchito #4 Taqueria in southwest Houston on Thursday night wearing a black ski mask and gloves before ambushing 10 customers and demanding their money at gunpoint.

Footage shows the shouting man wave what is believed to be a pistol around the restaurant, while customers drop to the ground and hand over their belongings.



But as the man headed towards the door, one of the patrons - described by police as either white or Hispanic - produced his own gun and shot the robber.

He fired nine times - one of which was in the head - causing him to collapse to the ground. The customer, wearing a grey t-shirt and jeans, then collected the stolen money and cellphones and started handing it back to the people they were taken from.

Police have not filed any charges and just want to speak to the customer.




Self defense or excessive force: Will the shooter face charges? 

In Texas, people are allowed to use fatal force when they believe their life or another party's life is in immediate danger.

Experts say that Texas law also outlines specific instances for aggravated robbery where deadly force is completely justified. 

In this case, where the person he shot was in the process of committing an 'armed' robbery, the customer's use of deadly force in self defense is allowed.

He would have also reasonably been in fear of serious bodily injury or death, believing the robber had a gun.

The defense can be used as a defense to homicide charges. It is legal to kill someone in self defense in Texas if:

1. You reasonably believe that there is an imminent danger of you or someone else being seriously injured or killed.

2. Your use of deadly force was necessary and appropriate at the time you used it.



https://i.dailymail.co.uk/1s/2023/01/08/13/66323591-11611751-Pedro_Lopez_owner_of_the_taqueria_said_he_and_his_employees_are_-m-2_1673182929752.jpg

Pedro Lopez, owner of the taqueria, said he and his employees are still in shock but he is glad that his staff and customers were unharmed in the shooting



He then fled the scene in a dusty pickup truck at around 11:30pm on January 5, along with the other customers in the taqueria on South Gessner Road.  

Investigators say that they want to track down to the pictured man for his role in the shooting - and that no charges have been filed yet. 

The identity of the robber has not yet been released - but police believe the gun he was waving around the restaurant may have been a plastic BB gun. 

HPD Homicide Division Sergeants M. Arrington, C. Duncan and Detectives S. Overstreet and L. Lovelace said in a report: 'Officers were dispatched to a shooting call at the restaurant at the above address and observed an unknown black male in all black clothing, a black ski mask, and black gloves had been shot multiple times inside the business. 

'Paramedics pronounced him deceased. Witnesses told officers the suspect entered the restaurant and pointed a pistol at patrons as he demanded their money. 

'As the suspect collected money from patrons, one of the patrons, described as a white or Hispanic male, produced a gun of his own and shot the suspect multiple times. 

'The shooter collected the stolen money from the suspect and returned the money to other patrons. He and other patrons (victims) then fled the scene.'

Pedro Lopez, owner of the taqueria, said he and his employees are still in shock. 

He told ABC13: 'Everyone was scared, nervous. I was too. Some customers were seated here, others were over there, he go the money and was going to leave

'You never really know what is going to happen.'



Cops have also released an image of the vehicle that the man who killed the robber fled the scene in.



It is a 1970s or '80s model pickup truck with no bed in a rusty-red color. Cops are hoping that this may lead them to the man they are wishing to speak to. 

Experts believe that the customer will most likely not face charges - as his use of excessive, deadly force was justified considering the circumstances. 

Former Houston police officer, now lawyer, Thomas Nixon said: 'The person he shot was in the process of committing robbery and consequently his use of force in defense of himself and innocent third parties is completely justified in Texas.

'He was reasonably in fear of serious bodily injury or death.' 

Nathan Beedle with the Harris County District Attorney's Office believes that the shooting was justified, adding: 'I can point you exactly where it is in the law, 9.31 and 9.32 of the penal code.

'Whether someone uses deadly force in the situation, that is presumed to be correct under Texas law.' 

Texas has some of the most permissive gun laws in the US. Residents and non-residents over the age of 21 are allowed to carry a handgun - either openly or concealed - in most places in the state.

This does not include people who have any prior felony convictions. 

Since September 2021, Texans do not need a permit to opening carry a handgun in the state. 


https://i.dailymail.co.uk/1s/2023/01/08/13/66323407-11611751-image-m-9_1673183018610.jpg


https://i.dailymail.co.uk/1s/2023/01/08/13/66323587-11611751-image-a-27_1673185984715.jpg

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“his use of excessive, deadly force”

And the quoted Texas statutes were [img]/images/smilies/smiley_freak.gif[/img as well.

What a shitty article written by a halfwit with no attention to detail or facts. Just hyperbole.

Nice reporting, asswipe.
Link Posted: 1/8/2023 1:54:42 PM EDT
[#50]
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I haven't seen him for some time, I know he had health issues, hope he's OK.
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Who is our snake bit Houstonian? This is the kind of shit that happens to him.

I haven't seen him for some time, I know he had health issues, hope he's OK.

Yeah.
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