Lufkin Woman in self-defensive shooting...

[stevie_d_64]

http://www.lufkindailynews.com/news/con ... 7544659905

This is an interesting discussion happening as well over at PDO...

I have stated as much that these news stories are not evidence that can be used in a court of law...But it looks like she's getting the short end of the stick...

The reporting of this overall has been extremely slanted and pro gun-control in nature...

Here's the main story and PDO discussion...

http://www.packing.org/talk/thread.jsp/40021/

Ya'll can see my comments there as well...

I am assuming all she has to do is post 10% of the bond to get out of jail???

This is a wide ranging issue/incident that poses a lot of different opinions and solutions...Obviously its a bad situation that got worse...

But I cannot give weight to the assumption that she premeditated this shooting of the man...

In my opinion this should have, at the most, been given to the grand jury with no charges, no detainment or bond issued, and let them determine the direction this incident should go...

Even though she may not be a CHL'er, she should still not have had to be forced to pay a bond or be jailed or even charged till the grand jury decides that course of action...

[txinvestigator]

What is important to remember that the use of deadly force is a Defense to Prosecution, not from prosecution.

In simple terms, shooting and killing someone is a homicide. If the act, the use of deadly force, is justified under chapter 9 of the Texas Penal Code, then it is a matter of fact for a judge or jury to decide.

The defense to prosecution (the shooters allegation that the use of deadly force was justified under chapter 9) must be proven beyond a reasonable doubt.

Any use of deadly force can result in arrest and criminal prosecution.

premeditation is not an issue in Texas.

Texas Penal Code
§2.03. Defense.

(a) A defense to prosecution for an offense in this code is
so labeled by the phrase: "It is a defense to prosecution . . . ."

(b) The prosecuting attorney is not required to negate the
existence of a defense in the accusation charging commission of the
offense.

(c) The issue of the existence of a defense is not submitted
to the jury unless evidence is admitted supporting the defense.

(d) If the issue of the existence of a defense is submitted
to the jury, the court shall charge that a reasonable doubt on the
issue requires that the defendant be acquitted.

(e) A ground of defense in a penal law that is not plainly
labeled in accordance with this chapter has the procedural and
evidentiary consequences of a defense.

[stevie_d_64]

This is true...

But you and I both have seen instances that are similar to this situation, where no charges were filed against a person (actor), and only a review of the depositions, and other evidence by the DA and Grand Jury, and the person was either "no-billed" or "charged" at that time...

This woman, and granted we may not ever see all the particulars, was not given that benefit of the doubt...But then again it has to deal with the jurisdiction...

I think the story (original report link @ PDO) was poorly written, and slanted to further exapirate the demonization of people who choose not to be a victim...

Of course the social side is that, why did she not leave the guy...Thats alway a question that people ask...I've seen answers all over the place on that one...

Kinda surprises me this happened in Texas...

[stevie_d_64]

Ohh...

I think I even got an angle that hasn't been discussed...

I bet she went in the bathroom, screamed to where the guy came rushing in, asked her to open the door so he could help her...She probably communicated that she could not open the door, so he busts the door in and bingo...

Hey...Either way...Someone is dead...Thats a pretty bad situation...Autopsy should confirm a BAC, and the history of abuse and other investigations should reveal a pattern leading up to this final incident...

But I hate to speculate...This woman like many others probably didn't cook up a senario like this...Most abused people either just risk leaving the abusive situation, or stay for some reason or another...

Who knows, this incident may develop into the odd one of the bunch...

I bet you've got tons of good stories similar to this throughout your investigative career...

[Charles L. Cotton]

For some reason on this thread alone, I have to scroll to the right to read all of the text in everyone's post on this thread. Is it just my computer, or is anyone else having this problem?

Chas.

[jimlongley]

It's that long URL in the first post, Chas, it can't be broken up with a carriage return so it extends the HTML all the way out to the end.

[stevie_d_64]

That was my bad...I know someone who could fix it, but it'll cost me...

[dolanp]

You can do: [url=http://whatever.com/whatever]Link text[/url]

[Charles L. Cotton]

Thanks Jim, that one had me stumped.

Chas.

[txinvestigator]

This is true...

But you and I both have seen instances that are similar to this situation, where no charges were filed against a person (actor), and only a review of the depositions, and other evidence by the DA and Grand Jury, and the person was either "no-billed" or "charged" at that time...

This woman, and granted we may not ever see all the particulars, was not given that benefit of the doubt...But then again it has to deal with the jurisdiction...

.

Exactly, which leads me to believe the police decided the evidence warranted an arrest, and they had reason to believe the woman's actions were not clearly within the justifications allowed by chapter 9.