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Dallas -- A woman fatally shot her "male companion" around 7:30 p.m. Wednesday in the parking lot of a pool hall in the 4700 block of Malcolm X Boulevard. Witnesses said that the man assaulted the woman before she retrieved a pistol from a vehicle and shot him. Police are considering the incident self defense.

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- Jim

This one is going to be interesting to watch. There has got to be a back story that will come out later. There was no mention if she was CHL.

I hope someone can please answer this. Assume she was not a CHL and was carrying in the car under MPA. Is self defense a defense to prosecution under MPA where she used that gun in a public place and not in the vehicle?

PJK wrote:This one is going to be interesting to watch. There has got to be a back story that will come out later. There was no mention if she was CHL.

I hope someone can please answer this. Assume she was not a CHL and was carrying in the car under MPA. Is self defense a defense to prosecution under MPA where she used that gun in a public place and not in the vehicle?

Wouldn't that be a part of the rationale for the MPA in the first place? Just because I am standing down the driveway from my car, doesn't mean that I am not going to go grab my weapon in that car if I need it to defend myself.

Historically, in Texas, if someone is justified in using deadly force in self defense and otherwise legal to have a firearm (not a felon), the authorities don't get picky about technicalities.

This issue came up more often before the MPA went into effect, when it was not generally legal to have a handgun in a vehicle.

The problem in this case may be the justification itself. The justification will need to be "the other's use or attempted use of unlawful deadly force; or to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault,..."

Simple assault probably isn't going pass the test.

- Jim

Another thing that might come in to play is that if she was assaulted and retrieved a gun from her car, it will probably be argued that she could have just got in her car and left.

rbftfire wrote:Another thing that might come in to play is that if she was assaulted and retrieved a gun from her car, it will probably be argued that she could have just got in her car and left.

I was wondering this same thing. Was the assault over or was it continuing as she was attempting to get into her car?

It's possible that she didn't have the ignition key. Maybe it was his car and she knew there was a pistol in it, or maybe something had happened to her purse.

The police don't often give people a break in this kind of situation.

- Jim

seamusTX wrote:It's possible that she didn't have the ignition key. Maybe it was his car and she knew there was a pistol in it, or maybe something had happened to her purse.

The police don't often give people a break in this kind of situation.

- Jim

This happened outside a pool hall, maybe the fracas had something to with the way the assailants"... , no...I'm really not going to say it... .

It happened in, if not one of, THE most dangerous parts of Dallas. It's located about a mile due south of Fair Park. I don't even drive through that area during the daytime....much less at night.

Male companion is an interesting term that encompasses everything from friend-of-a-friend to bar hookup to pimp. I do think there's much more to the story for the police to have so quickly said it was self defense.

Those are good observations.

No further news has emerged about this incident. The original story said that the woman was taken into custody, but not arrested or charged. The more I think about it (in the absence of any factual information) the "assault" must have been violent or sexual in nature such that witnesses could say that the shooting was justified.

- Jim

joe817 wrote:It happened in, if not one of, THE most dangerous parts of Dallas. It's located about a mile due south of Fair Park. I don't even drive through that area during the daytime....much less at night.

I work in sales and that is the middle of my teritory which is the main reason I got a CHL. Need to be aware of your surroundings at all times and generally only go into the places that you know.