TexasCHLforum.com

Ruark wrote:I know this thread is a little old but I have to say something. A good attorney could skewer you on the fact that he didn't threaten you, beyond saying he'd call the cops if he saw you again. He wasn't trying to rob you or anything. Be ready, yes, but you can't grab your gun and slaughter somebody just because he's holding a knife.

Then hopefully your attorney could use this to show that their attorney is wrong:

Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.

This person produced a knife, which would fall under the definition of a weapon. That seems like a threat, albeit not verbal, per 9.04 above. They had no justification for the use of force against you, therefore a threat to cause death or serious bodily injury by the production of a weapon was not justified. You are allowed to use force to stop the use or attempted use of unlawful force against you per 9.31. I think you could have produced a handgun, if you had one, as a threat to use deadly force (which is not the use of deadly force) to stop the unlawful use of force against you.

I am not a lawyer, but if someone pulls a knife on me, unjustified, I will be drawing my handgun.

Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force.

I strongly agree. What's this "don't pull your handgun until you're going to pull the trigger" baloney? If you are justified in using force to repel force, the draw may be justified. Be prepared to use your gun IF THE SITUATION JUSTIFIES IT (i.e. charges toward you with the knife). In Texas you shouldn't have to wait to be stabbed to draw your weapon.

Locknload, you're exactly right. My post was referring to shooting him, not displaying your weapon per 9.31.

treadlightly wrote:...I've been studying one of the all-time classic zen masters of deescalation. ...

To the OP, I'm sure that was an absolutely scary moment. I don't know how I would have reacted. I would say you did well under the circumstances. I truly hope none of us here have to experience something similar.

But now to totally throw this thread off track... Holy Cow, treadlightly, that's some of the funniest stuff I've heard in a while! How did I ever miss hearing about Lenny! I was seriously crying I was laughing so hard! The one you linked was awesome, but I really enjoyed the computer scammer from India (whose name he said was "Jerry Jones" - you can't make this stuff up) where Jerry Jones started off trying to get Lenny to get on his computer so the scammer could lead him to his website or whatever in order to put the scam into motion. Part of that conversation went like this:

Jerry Jones, with his India accent: "Sir, get next to your computer."
Lenny: "Hmm, what's that you say?"
Jerry Jones: "Sir, I said I need you to get next to your computer."
Lenny: "You know, my third eldest, Marissa - she's very smart, you know. First one of our bunch to attend university - she was talking about this very thing to me just last week."
Jerry Jones: "Yes, sir. Now, I need you to get next to your computer."

From that point, I fast forwarded literally TEN MINUTES ahead in the tape and I hear Lenny say:
Lenny: "Hmm, what's that you say?"
Jerry Jones: "Sir, I NEED you to get next to your compu...sir, do you HAVE a computer?"

Man, I nearly fell out of my chair from laughing so hard.

Somebody needs to create a tape of Lenny being held up by a punk with a knife. That would have to be hilarious!

thatguyoverthere wrote:But now to totally throw this thread off track... Holy Cow, treadlightly, that's some of the funniest stuff I've heard in a while! How did I ever miss hearing about Lenny!

(Psst. http://www.texaschlforum.com/viewtopic.php?f=83&t=87863)

Haha! Got it. Thanks, Skiprr! Lenny is too funny!

Ruark wrote:Locknload, you're exactly right. My post was referring to shooting him, not displaying your weapon per 9.31.

10-4.