TX: Houston man back shot at night stealing sodas from Convenience Store

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philip964
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TX: Houston man back shot at night stealing sodas from Convenience Store

#1

Post by philip964 »

https://www.click2houston.com/news/loca ... s-station/

This will be interesting to see if shooter is charged. 7:45 pm that is night now. Not sure if he was leaving at the time with sodas or was coming back for more. Shooter and suspect who was back shot were both outside the store when the shots or shot was fired.

Suspect did not die.
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RoyGBiv
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Re: TX: Houston man back shot at night stealing sodas from Convenience Store

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Post by RoyGBiv »

PC 9.42
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.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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C-dub
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Re: TX: Houston man back shot at night stealing sodas from Convenience Store

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Post by C-dub »

Houston? Unless there's more to it than just sodas the shooter will be lucky if they don't get the chair.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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03Lightningrocks
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Re: TX: Houston man back shot at night stealing sodas from Convenience Store

#4

Post by 03Lightningrocks »

One thing we can be sure of. There won't be many video clips of people just walking into stores in mass and stealing what ever they want. The good citizens of Texas are not built to just let crap like that slide.
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