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PostPosted: Mon Apr 29, 2019 8:00 am 
Hunter
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Joined: Thu Aug 26, 2010 9:01 pm
Posts: 2856
Location: Boonesborough, KY
Bear Paw Jack wrote:



A sign visible in the home’s front window on Cook Avenue, off Payne Avenue, says, “No Trespassing,” and “Violators will be shot. Survivors will be shot again!”



I don't see where his life was threatened and the sign on the door could be construed as showing intent to kill someone. He has done himself no favors here.


Those stupid signs may as well just read: "An armed idiot looking for an excuse to shoot someone resides here."

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PostPosted: Mon Apr 29, 2019 12:51 pm 
Hawkeye
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Posts: 14239
Location: Greenville, SC: USA
Cholo wrote:


Yep, the state could not prosecute because there is a Texas state law that says a homeowner can use deadly force to stop someone from robbing his home. Since the homeowner had specifically asked his neighbor (the shooter) to watch his property then he was legally in charge and responsible for the home.

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PostPosted: Sun Jun 23, 2019 3:08 pm 
Buckeye

Joined: Sat Dec 01, 2007 4:35 pm
Posts: 1006
Location: Texas
Texas Penal Code 9.42
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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PostPosted: Tue Jun 25, 2019 9:53 pm 
Hawkeye

Joined: Wed Dec 19, 2001 2:01 am
Posts: 15083
Location: Alaska, Idaho USA
More states should use those Texas laws, IMHO.

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People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.
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