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Posted: 1/9/2023 7:10:17 PM EDT
[#1]
Also it looks like it's going to a grand jury.
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Posted: 1/9/2023 7:10:18 PM EDT
[#2]
Quote HistoryQuoted: Yes, but he wasn't suppose to leave  Quote HistoryQuoted: Quoted: Good shoot and I vote not guilty. Says who? There’s nowhere in the law that says you have to hang around. |
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Posted: 1/9/2023 7:38:17 PM EDT
[#3]
Questioned, released, no charges yet, referred to Grand Jury;
https://www.khou.com/article/news/crime/taqueria-shooter-questioned-released/285-20e66d3c-8568-42e5-ada2-826b60053220 |
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Posted: 1/9/2023 7:57:17 PM EDT
[#4]
Quote HistoryQuoted: Questioned, released, no charges yet, referred to Grand Jury; https://www.khou.com/article/news/crime/taqueria-shooter-questioned-released/285-20e66d3c-8568-42e5-ada2-826b60053220 All shootings are referred to the grand jury, with or without charges. But you knew that. |
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Posted: 1/9/2023 8:01:42 PM EDT
[#5]
Quote HistoryQuoted: Also it looks like it's going to a grand jury. Standard Policy to go to a Grand Jury in a self defense shooting w/ Fatality. Bigger_Hammer  |
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Posted: 1/9/2023 8:02:26 PM EDT
[#6]
Quote HistoryQuoted: People from California, Massachusetts or even VA pontificating about the subtleties of Texas Law or the Houston version of it. ?? Quote HistoryQuoted: Quoted: This thread reminded me of all the out of state experts that posted in the Lubbock, Texas shooting thread. People from California, Massachusetts or even VA pontificating about the subtleties of Texas Law or the Houston version of it. ?? Hope you’ll be man enough to apologize when proven top be wrong. |
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Posted: 1/9/2023 8:03:57 PM EDT
[#7]
Dead felon has been IDed.
Eric Eugene Washington, 30 YOA. |
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Posted: 1/9/2023 8:15:48 PM EDT
[#8]
I bet the shooter is no billed.
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Posted: 1/9/2023 8:31:54 PM EDT
[#9]
Quote HistoryQuoted: That depends on the state. In Texas, the law is ambiguous. The chapter lists justifications which are exclusions, and also states that a justification is a defense. But you're still wrong, since neither of those is an affirmative defense.  Self-defense is an affirmative defense in Texas, as it is pretty much anywhere. |
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Posted: 1/9/2023 8:36:04 PM EDT
[#10]
Quote HistoryQuoted: Standard Policy to go to a Grand Jury in a self defense shooting w/ Fatality. Bigger_Hammer Quote HistoryQuoted: Quoted: Also it looks like it's going to a grand jury. Standard Policy to go to a Grand Jury in a self defense shooting w/ Fatality. Bigger_Hammer Yeah I'm generally okay with that. Might need a little more transparency with grand juries, but it tends to keep influence in the hands of the people instead of potentially extreme elected officials. |
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Posted: 1/9/2023 8:36:58 PM EDT
[#11]
Quote HistoryQuoted: /media/mediaFiles/sharedAlbum/confused-britney-spears--83.gif Self-defense is an affirmative defense in Texas, as it is pretty much anywhere. Quote HistoryQuoted: Quoted: That depends on the state. In Texas, the law is ambiguous. The chapter lists justifications which are exclusions, and also states that a justification is a defense. But you're still wrong, since neither of those is an affirmative defense. /media/mediaFiles/sharedAlbum/confused-britney-spears--83.gif Self-defense is an affirmative defense in Texas, as it is pretty much anywhere. Not that I understand. I don't see the word "affirmative" anywhere in the chapter. Do you? https://statutes.capitol.texas.gov/docs/PE/htm/PE.9.htm |
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Posted: 1/9/2023 8:42:58 PM EDT
[#12]
Quote HistoryQuoted: /media/mediaFiles/sharedAlbum/confused-britney-spears--83.gif Self-defense is an affirmative defense in Texas, as it is pretty much anywhere. Quote HistoryQuoted: Quoted: That depends on the state. In Texas, the law is ambiguous. The chapter lists justifications which are exclusions, and also states that a justification is a defense. But you're still wrong, since neither of those is an affirmative defense. /media/mediaFiles/sharedAlbum/confused-britney-spears--83.gif Self-defense is an affirmative defense in Texas, as it is pretty much anywhere. It's no longer an affirmative defense anywhere in the US, Ohio was the last state. The state is required to disprove self defense beyond a reasonable doubt, the defense isn't required to prove anything. However to get a self defense jury instruction, there needs to be at least a scintilla of evidence that it was self defense, if that's a police interview that the state plays where the defendant says he shot in self defense, that's one way to get it in, another way is to obviously have the defendant testify. Andrew Branca has talked about these standards quite a bit. The link the article seems to no longer work but I did find this quote of his. The Buckeye state remains the last in the country to retain the old model of self-defense as a true affirmative defense, keeping the burden of persuasion for self-defense on the defendant, by a preponderance of the evidence. |
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Posted: 1/9/2023 9:04:43 PM EDT
[#13]
Quote HistoryQuoted: I was extremely clear: TV "experts" usually aren't. They're as bad as internet "experts" usually. |
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Posted: 1/9/2023 9:13:05 PM EDT
[#14]
Quote HistoryQuoted: Yeah I'm generally okay with that. Might need a little more transparency with grand juries, but it tends to keep influence in the hands of the people instead of potentially extreme elected officials. Quote HistoryQuoted: Quoted: Quoted: Also it looks like it's going to a grand jury. Standard Policy to go to a Grand Jury in a self defense shooting w/ Fatality. Bigger_Hammer Yeah I'm generally okay with that. Might need a little more transparency with grand juries, but it tends to keep influence in the hands of the people instead of potentially extreme elected officials. It’s long been observed that a prosecutor can get a grand jury to indict a ham sandwich. I wish the defender the best of luck and civil consideration under a presumption of innocence. |
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Posted: 1/9/2023 9:16:01 PM EDT
[#15]
Quote HistoryQuoted: It's no longer an affirmative defense anywhere in the US, Ohio was the last state. The state is required to disprove self defense beyond a reasonable doubt, the defense isn't required to prove anything. However to get a self defense jury instruction, there needs to be at least a scintilla of evidence that it was self defense, if that's a police interview that the state plays where the defendant says he shot in self defense, that's one way to get it in, another way is to obviously have the defendant testify. Andrew Branca has talked about these standards quite a bit. The link the article seems to no longer work but I did find this quote of his. https://content.next.westlaw.com/practical-law/document/I0f9fbfe2ef0811e28578f7ccc38dcbee/affirmative-defense?viewType=FullText&originationContext=document&transitionType=DocumentItem&ppcid=0db3c2527a534f5ca7345fcbcd85253c&contextData=(sc.DocLink)&firstPage=true I.e. the kind JohnWayne777 was describing to jordanmills in the conversation that I answered. You're getting into the weeds between section 2.02 (Defense to Prosecution) and 2.03 [Affirmative Defense to Prosecution), which are basically identical except for the burden of proof required. However both, are more generically referred to as "affirmative defenses" as they are raised during the answer and can provide justification or exclusion even if the prosecutor can prove every element of the charged crime. |
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Posted: 1/9/2023 9:20:50 PM EDT
[#16]
Quote HistoryQuoted: It’s long been observed that a prosecutor can get a grand jury to indict a ham sandwich. I wish the defender the best of luck and civil consideration under a presumption of innocence. Quote HistoryQuoted: Quoted: Quoted: Quoted: Also it looks like it's going to a grand jury. Standard Policy to go to a Grand Jury in a self defense shooting w/ Fatality. Bigger_Hammer Yeah I'm generally okay with that. Might need a little more transparency with grand juries, but it tends to keep influence in the hands of the people instead of potentially extreme elected officials. It’s long been observed that a prosecutor can get a grand jury to indict a ham sandwich. I wish the defender the best of luck and civil consideration under a presumption of innocence. Or a burrito. But at least the defendant has a chance, versus a guarantee of a trial with an activist prosecutor. |
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Posted: 1/9/2023 9:23:19 PM EDT
[#17]
I know you will all be shocked to hear the dead robber was out on bond at the time of his final felony act. I am personally flabbergasted.
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Posted: 1/9/2023 9:26:53 PM EDT
[#18]
Washington was sentenced to 15 years in prison in 2015 for an aggravated robbery, which was pleaded down from capital murder for the 2013 robbery and death of a store clerk, 62-year-old Hamid Waraich, records show.
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Posted: 1/9/2023 9:28:12 PM EDT
[#19]
Quote HistoryQuoted: https://content.next.westlaw.com/practical-law/document/I0f9fbfe2ef0811e28578f7ccc38dcbee/affirmative-defense?viewType=FullText&originationContext=document&transitionType=DocumentItem&ppcid=0db3c2527a534f5ca7345fcbcd85253c&contextData=(sc.DocLink)&firstPage=true I.e. the kind JohnWayne777 was describing to jordanmills in the conversation that I answered. Quote HistoryQuoted: Quoted: It's no longer an affirmative defense anywhere in the US, Ohio was the last state. The state is required to disprove self defense beyond a reasonable doubt, the defense isn't required to prove anything. However to get a self defense jury instruction, there needs to be at least a scintilla of evidence that it was self defense, if that's a police interview that the state plays where the defendant says he shot in self defense, that's one way to get it in, another way is to obviously have the defendant testify. Andrew Branca has talked about these standards quite a bit. The link the article seems to no longer work but I did find this quote of his. https://content.next.westlaw.com/practical-law/document/I0f9fbfe2ef0811e28578f7ccc38dcbee/affirmative-defense?viewType=FullText&originationContext=document&transitionType=DocumentItem&ppcid=0db3c2527a534f5ca7345fcbcd85253c&contextData=(sc.DocLink)&firstPage=true I.e. the kind JohnWayne777 was describing to jordanmills in the conversation that I answered. "I read it on the internet so it must be true". Again, it depends on the state. That is incorrect for Texas. https://statutes.capitol.texas.gov/docs/PE/htm/PE.2.htm |
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Posted: 1/9/2023 9:31:56 PM EDT
[#20]
Quote HistoryQuoted: Have they released the name of the robber yet? He was probably released from jail recently To paraphrase a famous community organizer, "If Sylvester Turner had a son." |
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Posted: 1/9/2023 9:34:07 PM EDT
[#21]
Quote HistoryQuoted: "I read it on the internet so it must be true". Again, it depends on the state. That is incorrect for Texas. https://statutes.capitol.texas.gov/docs/PE/htm/PE.2.htm So, you understand 2.02 and 2.03; but you don't understand the way affirmative defense was being used in the conversation you replied to? Or you were just akshually-ing to impress us all? |
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Posted: 1/9/2023 9:37:12 PM EDT
[#22]
Quote HistoryQuoted: I know you will all be shocked to hear the dead robber was out on bond at the time of his final felony act. I am personally flabbergasted. Possession of MJ in 2010, deferred ajudication Aggravated robbery with a deadly weapon in 2013, guilty (plea was not guilty), sentenced to 15 years in prison to begin in 2015. Domestic violence (beat up his girlfriend) in december 2022, released on personal bond with waived fee Winning! |
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Posted: 1/9/2023 9:38:01 PM EDT
[#23]
Quote HistoryQuoted: So, you understand 2.02 and 2.03; but you don't understand the way affirmative defense was being used in the conversation you replied to? Or you were just akshually-ing to impress us all? Quote HistoryQuoted: Quoted: "I read it on the internet so it must be true". Again, it depends on the state. That is incorrect for Texas. https://statutes.capitol.texas.gov/docs/PE/htm/PE.2.htm So, you understand 2.02 and 2.03; but you don't understand the way affirmative defense was being used in the conversation you replied to? Or you were just akshually-ing to impress us all? Do you not understand that there's a difference between defense and affirmative defense? That's the whole point. |
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Posted: 1/9/2023 9:42:46 PM EDT
[#24]
Quote HistoryQuoted: Washington was sentenced to 15 years in prison in 2015 for an aggravated robbery, which was pleaded down from capital murder for the 2013 robbery and death of a store clerk, 62-year-old Hamid Waraich, records show. https://cdn.abcotvs.com/dip/images/12681691_010923-ktrk-eric-washington-mug-desi-img.jpg He was a good boy. He was just learning to rap. |
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Posted: 1/9/2023 9:44:44 PM EDT
[#25]
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Posted: 1/9/2023 9:45:56 PM EDT
[#26]
Quote HistoryQuoted: Do you not understand that there's a difference between defense and affirmative defense? That's the whole point. The only difference under Texas statute is the burden of proof, as I described previously. Since I cited the two sections, you can infer I understand it. What I don't understand is why you decided to get pedantic with JohnWayne777 on specific legal terminology when it was pretty clear what he meant and commonly used that way even among lawyers. Where were you going with that? And were you going to continue drag it out all fucking night like you were fucking Perry Mason instead of just explaining it? In what way was the different burden of proof relevant to the post you answered? |
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Posted: 1/9/2023 9:53:29 PM EDT
[#27]
Quote HistoryQuoted: It’s long been observed that a prosecutor can get a grand jury to indict a ham sandwich. I wish the defender the best of luck and civil consideration under a presumption of innocence. They bank on dumb jurors..... I enjoyed my time on the grand jury and you get to ask questions and some prosecutors and cops don't like it. |
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Posted: 1/9/2023 9:53:50 PM EDT
[#28]
Quote HistoryQuoted: I know you will all be shocked to hear the dead robber was out on bond at the time of his final felony act. I am personally flabbergasted.   Bigger_Hammer
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Posted: 1/9/2023 9:55:46 PM EDT
[#29]
Quote HistoryQuoted: It’s long been observed that a prosecutor can get a grand jury to indict a ham sandwich. I wish the defender the best of luck and civil consideration under a presumption of innocence. It's lucky for Joe Horn that he wasn't a ham sandwich. |
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Posted: 1/9/2023 10:07:54 PM EDT
[#30]
Quote HistoryQuoted: I bet the shooter is no billed. I hope you are right. We will never know how many lives he saved. |
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Posted: 1/9/2023 10:09:14 PM EDT
[#31]
Quote HistoryQuoted: This thread reminded me of all the out of state experts that posted in the Lubbock, Texas shooting thread. I remember that thread and will admit I was 100% wrong. |
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Posted: 1/9/2023 10:13:43 PM EDT
[#32]
Quote HistoryQuoted: Washington was sentenced to 15 years in prison in 2015 for an aggravated robbery, which was pleaded down from capital murder for the 2013 robbery and death of a store clerk, 62-year-old Hamid Waraich, records show. https://cdn.abcotvs.com/dip/images/12681691_010923-ktrk-eric-washington-mug-desi-img.jpg Glad that POS finally got what he deserved. |
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Posted: 1/9/2023 10:15:13 PM EDT
[#33]
Quote HistoryQuoted: Washington was sentenced to 15 years in prison in 2015 for an aggravated robbery, which was pleaded down from capital murder for the 2013 robbery and death of a store clerk, 62-year-old Hamid Waraich, records show. https://cdn.abcotvs.com/dip/images/12681691_010923-ktrk-eric-washington-mug-desi-img.jpg Alas, not surprising that the dead robber was a murderous piece of shit. The system is horrifically broken and turns violent criminals like this asshole loose on society on a regular basis. He murdered a guy and less than 10 years later he's out generating more victims. I don't think anyone will be blowing snot bubbles for the dead guy and that will likely help with the optics and political situation the defender is looking at. The bad guy's past isn't germane to the UOF decisions because there's little chance the defender knew of any of that before the event, but it can play into a prosecutor's decision making. Essentially it boils down to arguing that even if the UOF was excessive, it was excessive on a murdering piece of shit that shouldn't be walking around anyway. "He fucking deserved it" as wide sentiment from the public is incredibly useful to have on your side...but it's not a terribly reliable thing to bet your actions on. |
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Posted: 1/9/2023 10:19:56 PM EDT
[#34]
Quote HistoryQuoted: They bank on dumb jurors..... I enjoyed my time on the grand jury and you get to ask questions and some prosecutors and cops don't like it. They also like fresh grand juries. They can run shit past a fresh grand jury. I pissed of some ADAs and questioned them on gun charges and saved some felony indictments. They hated me for it and then proceeded to find lesser charges to apply to punish these folks even if they could not get a felony. |
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Posted: 1/9/2023 10:20:05 PM EDT
[#35]
Quote HistoryQuoted: Also it looks like it's going to a grand jury. They all go to a grand jury. Crossed fingers for a No-Bill. The robber's story is disgusting, and 20 years ago, his worthless ass would still be in TDCJ. This fucking city is lost. Although, "lost" is the wrong word. It's been stolen. Anyway, I hope the old guy beats this. |
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Posted: 1/9/2023 10:22:43 PM EDT
[#36]
Quote HistoryQuoted: Washington was sentenced to 15 years in prison in 2015 for an aggravated robbery, which was pleaded down from capital murder for the 2013 robbery and death of a store clerk, 62-year-old Hamid Waraich, records show. https://cdn.abcotvs.com/dip/images/12681691_010923-ktrk-eric-washington-mug-desi-img.jpg Well that certainly puts a new spin on things. |
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Posted: 1/9/2023 10:32:46 PM EDT
[#37]
Quote HistoryQuoted: Washington was sentenced to 15 years in prison in 2015 for an aggravated robbery, which was pleaded down from capital murder for the 2013 robbery and death of a store clerk, 62-year-old Hamid Waraich, records show. https://cdn.abcotvs.com/dip/images/12681691_010923-ktrk-eric-washington-mug-desi-img.jpg 
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Posted: 1/9/2023 10:45:15 PM EDT
[#38]
I imagine he is going to go to prison. Everything was fine, up until the anchor shot. That will leave a mark. All shootings go to the grand jury I think so...had he walked away after the initial shots, or just stood over the assholes body to make sure he was done, and then stayed there for the cops, things would be different.
Remember this isn't about feelings. It's about the law, and that anchor, for the entire world to see, will get him convicted. I hope not but we have to be real. |
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Posted: 1/9/2023 10:45:34 PM EDT
[#39]
Quote HistoryQuoted: Alas, not surprising that the dead robber was a murderous piece of shit. The system is horrifically broken and turns violent criminals like this asshole loose on society on a regular basis. He murdered a guy and less than 10 years later he's out generating more victims. I don't think anyone will be blowing snot bubbles for the dead guy and that will likely help with the optics and political situation the defender is looking at. The bad guy's past isn't germane to the UOF decisions because there's little chance the defender knew of any of that before the event, but it can play into a prosecutor's decision making. Essentially it boils down to arguing that even if the UOF was excessive, it was excessive on a murdering piece of shit that shouldn't be walking around anyway. "He fucking deserved it" as wide sentiment from the public is incredibly useful to have on your side...but it's not a terribly reliable thing to bet your actions on. The neck tatts are a public announcement of being a bad actor. Well, that and the whole robbing people thing. |
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Posted: 1/9/2023 11:00:14 PM EDT
[#40]
Quote HistoryQuoted: Washington was sentenced to 15 years in prison in 2015 for an aggravated robbery, which was pleaded down from capital murder for the 2013 robbery and death of a store clerk, 62-year-old Hamid Waraich, records show. https://cdn.abcotvs.com/dip/images/12681691_010923-ktrk-eric-washington-mug-desi-img.jpg Owner fatally shot in cell phone store robbery in SE Houston Moments before that murder, the same suspects may have terrorized a woman at a nearby business. Cecile Rizkalla came face to face with two armed robbers Monday. They robbed her, took her cell phone, threatened to kill her, then locked her in the bathroom at Star Motor Company. "They were just asking where is the rest of the money. I was like this is it," said Rizkalla. The 28-year-old mother of two cooperated with their demands, but said they were not satisfied with the business' cash and titles she handed over. She was not sure she would live to tell about it, but was able to get to the phone and call 9-1-1. "One of them, he was like let me just shoot her. I don't know what the response was," Rizkalla said. Police believe the same men may have shot and killed the owner of a Boost Mobile store on Telephone Road near McHenry just a half hour later. Hamid Warrich, 62, was shot in front of his wife, two customers and three small children. Warrich had cooperated and given cash to the two masked men, who also robbed his customers, but when he reached for the panic alarm button one of the men shot him. The suspects then ran around the corner to a getaway vehicle and fled the scene. Around the area and state: 3 face murder charges in store shooting Three men have been charged with capital murder in the fatal shooting of a southeast Houston cellphone store owner during a robbery. Brandon Johnson, 23, Johntay Gibson, 18, and Eric Washington, 20, are being held without bail. They are charged in the Feb. 19 shooting death of Hamid Waraich, 62. Police said two men wearing masks forced their way into Waraich's cellphone store in the 5300 block of Telephone and demanded cash. Houston police said Waraich was shot even though he cooperated with the robbers. Police said the gunmen went to a drive through at a fast food restaurant after leaving, and also used some of the property taken from the store. Houston police later found the car used in the robbery and tracked down Johnson and Gibson. They were arrested on Jan. 21. On Thursday, police arrested Washington. Gibson v. State Gibson was the shooter, Washington was the in-store lookout, and Johnson was the driver. |
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Posted: 1/9/2023 11:04:30 PM EDT
[#41]
Quote HistoryQuoted:
Well, well, well. Seems to me if activist judges and da's want to keep their preferred customers alive, they should keep them in jail where it's safe. |
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Posted: 1/9/2023 11:17:46 PM EDT
[#42]
Better men would've erased that video and protected his identity.
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Posted: 1/9/2023 11:18:26 PM EDT
[#43]
Quote HistoryQuoted: I imagine he is going to go to prison. Everything was fine, up until the anchor shot. That will leave a mark. All shootings go to the grand jury I think so...had he walked away after the initial shots, or just stood over the assholes body to make sure he was done, and then stayed there for the cops, things would be different. Remember this isn't about feelings. It's about the law, and that anchor, for the entire world to see, will get him convicted. I hope not but we have to be real. The anchor shot is not a good look for sure, but this is now POLITICAL. The HCDA may, or may not want to dip his toe into this considering how positive the comments on the shoot video is with folks. Remember, this robbery happened to his core voting base. The DA may ignore it entirely, or come up with some BS plea bargain. Full blown trial? Not seeing that happen at all. Now, things may really go sideways if for example, the shooter is a parolee, but even then a trial is unlikely. |
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Posted: 1/9/2023 11:44:25 PM EDT
[#44]
When I was a child my grandfather, a defense lawyer, would tell me stories about him and the prosecutor and the judge sitting in the judge’s office planning how a trial would go.
Nothing has changed. It’s all theatre. |
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Posted: 1/9/2023 11:54:47 PM EDT
[#45]
btt
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Posted: 1/10/2023 12:24:15 AM EDT
[#46]
Quote HistoryQuoted: Questioned, released, no charges yet, referred to Grand Jury; https://www.khou.com/article/news/crime/taqueria-shooter-questioned-released/285-20e66d3c-8568-42e5-ada2-826b60053220 If you got indicted in this case would you invoke the speedy trial law to have it fresh in the jury's mind? |
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Posted: 1/10/2023 12:45:01 AM EDT
[#47]
Quote HistoryQuoted: That ninth shot didn't help his tactical situation even a little but it sure hurt him strategically/legally. I guess he can argue he was attempting to prevent the robber from fleeing as described in 9.41. Jury might be sympathetic. In the vid, right before that shot, it’s kinda hard to see from the angle, but I think the bad guy kinda lunges toward him. |
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Posted: 1/10/2023 12:52:51 AM EDT
[#48]
Quote HistoryGold |
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Posted: 1/10/2023 12:56:47 AM EDT
[#49]
Quote HistoryQuoted: I hope you are right. We will never know how many lives he saved. Quote HistoryQuoted: Quoted: I bet the shooter is no billed. I hope you are right. We will never know how many lives he saved. Me too. |
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Posted: 1/10/2023 1:00:40 AM EDT
[#50]
Quote HistoryQuoted: To paraphrase a famous community organizer, "If Sylvester Turner had a son." Quote HistoryQuoted: Quoted: Have they released the name of the robber yet? He was probably released from jail recently To paraphrase a famous community organizer, "If Sylvester Turner had a son." Had his prior cap murder conviction plead down to agg robbery in 2015....he or his accomplice murdered a 62 year old store clerk. He got 15 years but somehow is out walking around. Out in PR bond for assaulting his GF... wow, what a surprise in all counts. Absolutely no one is upset that piece of excrement is dead. I bet the responding officers paid his dinner tab. |
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