Justified shooting? What say you?

Moserkr

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In Texas, Id unfortunately say justified WITHOUT further evidence. In watching the video, Id wager theres plenty of evidence somewhere to suggest this was premeditated. Sad day for the kids and late father. The lack of empathy at the end is a major tell. No one with a soul acts like that over the body of a dying man.
 
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Nov 21, 2013
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Little guy comes out of house with a rifle and big guy goes from being irritated to irate. Then proceeds to advance on the little guy, getting "in his face" all while telling little guy to "go ahead and use it cause I'm gonna TAKE IT FROM YOU AND USE IT ON YOU!"...
I take the meaning of that last statement to be a direct deadly threat issued to the little guy. And then, the big guy does attempt to take the rifle away. There are many moving parts to this situation but the statement made by big guy and his following action likely won't be overlooked by the DA...
And FWIW, I think this whole situation was avoidable in about a hundred different ways. Senseless.
 

Okhotnik

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Castle doctrine. I vote not guilty.
castle doctrine in Texas only justified during a felony. Trespassing is not a felony. Little dude escalated situation by going into the house to retrieve a firearm and then confronting the guy firing a warning shot at the deceased's feet Which is against the law in Texas.

At the very least will lose a. civil suit
 

Button

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Bad deal all the way around.
Hopefully the kid has a sane relative he can stay with.
 

Squincher

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I'm surprised this hasn't yet been presented to the Grand Jury, if that is required as the Red State article says.
 

William Hanson (live2hunt)

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I'm no lawyer but it doesn't seem justified to me.. The man made no attempt to enter the home which is generally where castle laws apply. The shooter on the other hand retreated into his home and came back with the firearm brandishing it at the victim And once the victim felt threatened and tried to disarm this arm him used it as an excuse to shoot up. Either way this is just terrible for the children and all parents involved should be ashamed of themselves.

Sent from my SM-G975U using Tapatalk
 

rodney482

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Looks like a $hit show. Bad decisions by all involved. There is no more dangerous situation than a domestic for a responding officer, has to be worse for the opposing dudes. Big egos and a baby momma doesn’t end well.
Yep almost daily we deal w idiots and custody disputes. There are no dumber humans than scorn divorcees…
 

TheTone

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Shooter will be found guilty.
I hope you’re right.

juat because you’re the first one with a gun and claim you feel a threat shouldn’t mean you can claim “good guy with a gun, castle doctrine, or self defense”
 
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Little guy should have stayed in the house and called the police.

One common denominator I see in many "shootings" ( justified or not) is the shooter produces or is carrying a weapon. Someone who is physically larger/stronger believes the person with the weapon will not use it and moves towards them/gets into their personal space.
 

Reburn

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#1 there didnt appear to be any threats of bodily harm prior to the weapon being branished.

#2 branishing a weapon and the firing a warning shot it what escalated the situation to where it could be potentially life threatening to the man with the gun.

#3 To the best of my knowledge you cant shoot someone outside of your house in the daylight for trespassing while no felony is being commited. He was not trying to enter the house. He had a court order to be there to get his sons. (suspected). Even if there was no court order visitation he was commiting no felony.

I hope they put that guy in huntsville. There was no cause to use deadly force there.
 
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Everyone talking about him being guilty, I didn't think charges had been brought up?

I thought this had already been deemed justifiable. The shooting took place Nov 5, so been 3 weeks, I'd think with the evidence warrants would have been issued.

This has only come up in the continued custody battle.



Maybe they have brought up charges now, but I thought the Lubbock Police deemed it justified.
 

sndmn11

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Little guy should have stayed in the house and called the police.

One common denominator I see in many "shootings" ( justified or not) is the shooter produces or is carrying a weapon. Someone who is physically larger/stronger believes the person with the weapon will not use it and moves towards them/gets into their personal space.

Precisely! If he genuinely felt threatened when he went inside the first time, best tactics dictate to stay in the house and shoot from within...behind cover/concealment. Such a move would have also drawn a literal line in the sand of advance by the victim as a demonstration point should he have tried to break in or enter the home.

"Why'd you shoot him?".

"Well I was scared and went inside but wanted to protect GF, so I got a gun and did so from inside through the window. Then he tried to break the window and get me."
That would obviously demonstrate a malicious intent, a felonious act, and a need for the shooter to defend.
 

NDGuy

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Everyone talking about him being guilty, I didn't think charges had been brought up?

I thought this had already been deemed justifiable. The shooting took place Nov 5, so been 3 weeks, I'd think with the evidence warrants would have been issued.

This has only come up in the continued custody battle.



Maybe they have brought up charges now, but I thought the Lubbock Police deemed it justified.

There’s rumor going around either the shooter or the woman have ties to the police/DA in the area and they haven’t pressed charges due to such. Highly doubt that now with the video surfacing.
 
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