TX: Dallas clerk charged with murder for shooting robbers at night

[philip964]

https://www.star-telegram.com/news/stat ... 80283.html

Says Texas, says 11pm, says cases of beer stolen, says charged with murder. What am I missing?

[E10]

Not a residence. Theft (maybe even only a misdemeanor), not burglary or robbery. No fear of serious injury or death. Deadly force not justified.

Bad move by clerk.

[Tex1961]

Not a residence. Theft (maybe even only a misdemeanor), not burglary or robbery. No fear of serious injury or death. Deadly force not justified.

Bad move by clerk.

Edited...

I personally don't feel that deadly force was justified either. But per my post a few down the text does say that it is... All depends on what the bad guys were doing as far as giving up the goods or surrendering...

[carlson1]

I wasn’t aware it had to be your residence.

[Mike S]

I wasn’t aware it had to be your residence.

It doesn't have to be your residence.

[Tex1961]

Section 9.42 DEADLY FORCE TO PROTECT PROPERTY.

(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 weather or serious bodily injury.

By the text of 9.42 one would assume that he was within his legal right to shoot the thieves... BUT only to the extent that they were not surrendering or giving up the property..

This is one point in my classes that I ask the students if they really think a case of beer is worth it... There's the law, but are you willing to go to court to prove your innocence...

[philip964]

I wasn’t aware it had to be your residence.

If they put the beer down, and then they ran off and he back shot them, yeah it’s murder.

If he confronted them they stopped, and were holding the beer in their arms and had essentially surrendered, and he shot them, yeah that’s probably murder.

The clerk may have spent too much time talking to the police.

[carlson1]

The clerk may have spent too much time talking to the police.

I think it is this right here. DON’T talk to the police.

[Flightmare]

This is one point in my classes that I ask the students if they really think a case of beer is worth it... There's the law, but are you willing to go to court where the prosecutor will attempt to prove your guilt...

That's how it is SUPPOSED to be. Sadly, your original text is probably closer to reality.

[Tex1961]

This is one point in my classes that I ask the students if they really think a case of beer is worth it... There's the law, but are you willing to go to court where the prosecutor will attempt to prove your guilt...

That's how it is SUPPOSED to be. Sadly, your original text is probably closer to reality.

I like your edit better

[cirus]

It might not be justifiable but until thieves start getting shot nothing will change. Stealing food is one thing.

[carlson1]

The clerk may have spent too much time talking to the police.

I think it is this right here. DON’T talk to the police.

This is old, but very revenant.

[Tex1961]

Police said 23-year-old Delon Johnson called 911 and admitted he fired at two men and their trucks as they ran off with beer.

Doesn’t sound like they were surrendering.

[03Lightningrocks]

I just can't imagine shooting at someone over a couple cases of beer. Unless it is Shiner Bock...

But seriously. It wasn't even his beer. No matter the outcome, it just isn't worth the hassle. I carry my weapon for self defense, not to be law enforcement.

[carlson1]

I am not shooting anyone over material goods. My life or my families and G-d forbid yes.