Hit and Run leads to shooting
Hit and Run leads to shooting
If no one was hurt, I would not pursue a hit and run driver beyond getting a license plate and description and I'd keep my distance while doing it. Always leave your self a way out.
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Traffic accident leads to shooting
By LeaAnne Klentzman
Sugar Land police responded to a shooting call that occurred in the area of Cotton Stock and Planters near the Saint Lawrence Catholic Church in First Colony area of Sugar Land, at about 6:30 on Friday evening, January 31, 2014.
According to Sugar Land police spokesman Doug Adolph, the victim told police that he and his family were driving to dinner when they were involved in an accident. Adolph said the vehicle that hit the family fled the accident scene, so the man, with his family, followed that vehicle coming to a stop in the area of Cotton Stock and Planters. As the two vehicles were stopped, squared off with one another, someone in the car that hit the family got out, waved a gun around and fired two shots into the windshield of the family’s car.
Again the suspect vehicle fled the scene. However, that suspect vehicle was nabbed by Sugar Land police a short time later at Colony Meadows Elementary School, said Adolph.
The man driving his family suffered what Adolph described as superficial wounds and was transported to a local hospital for treatment.
Initially three males that were in the suspect vehicle were detained for questioning. After questioning, two were released and Jon Letang, 24, was later arrested and charged with aggravated assault.
http://www.fortbendstar.com/2014/02/05/ ... -shooting/" onclick="window.open(this.href);return false;
Traffic accident leads to shooting
By LeaAnne Klentzman
Sugar Land police responded to a shooting call that occurred in the area of Cotton Stock and Planters near the Saint Lawrence Catholic Church in First Colony area of Sugar Land, at about 6:30 on Friday evening, January 31, 2014.
According to Sugar Land police spokesman Doug Adolph, the victim told police that he and his family were driving to dinner when they were involved in an accident. Adolph said the vehicle that hit the family fled the accident scene, so the man, with his family, followed that vehicle coming to a stop in the area of Cotton Stock and Planters. As the two vehicles were stopped, squared off with one another, someone in the car that hit the family got out, waved a gun around and fired two shots into the windshield of the family’s car.
Again the suspect vehicle fled the scene. However, that suspect vehicle was nabbed by Sugar Land police a short time later at Colony Meadows Elementary School, said Adolph.
The man driving his family suffered what Adolph described as superficial wounds and was transported to a local hospital for treatment.
Initially three males that were in the suspect vehicle were detained for questioning. After questioning, two were released and Jon Letang, 24, was later arrested and charged with aggravated assault.
Chance favors the prepared. Making good people helpless doesn't make bad people harmless.
There is no safety in denial. When seconds count the Police are only minutes away.
Sometimes I really wish a lawyer would chime in and clear things up. Do we have any lawyers on this forum?
There is no safety in denial. When seconds count the Police are only minutes away.
Sometimes I really wish a lawyer would chime in and clear things up. Do we have any lawyers on this forum?
Re: Hit and Run leads to shooting
If you are involved in a traffic accident where the other car leaves, stop and call the police. Do not follow at all. If YOU leave the scene you have then failed to stop as well.
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- Oldgringo
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Re: Hit and Run leads to shooting
If the chasee guy actually shot real bullets into chaser's car, why wasn't the shooter charged with attempted murder?
Re: Hit and Run leads to shooting
Aggravated assault is enough to get the guy off the street and into the system.Oldgringo wrote:If the chasee guy actually shot real bullets into chaser's car, why wasn't the shooter charged with attempted murder?
There's still time for the DA to add more charges if he thinks they are justified and can be proved.
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- Oldgringo
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Re: Hit and Run leads to shooting
IANAL, why would the other two not be charged as accomplices?WildBill wrote:Aggravated assault is enough to get the guy off the street and into the system.Oldgringo wrote:If the chasee guy actually shot real bullets into chaser's car, why wasn't the shooter charged with attempted murder?
There's still time for the DA to add more charges if he thinks they are justified and can be proved.
Re: Hit and Run leads to shooting
Potential witnesses?Oldgringo wrote:IANAL, why would the other two not be charged as accomplices?WildBill wrote:Aggravated assault is enough to get the guy off the street and into the system.Oldgringo wrote:If the chasee guy actually shot real bullets into chaser's car, why wasn't the shooter charged with attempted murder?
There's still time for the DA to add more charges if he thinks they are justified and can be proved.
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Re: Hit and Run leads to shooting
This always aggravates me. I'm of the opinion that if you shoot a gun at someone without justification, you have the same moral culpability as a murderer and ought to be treated the same as one under the law.Oldgringo wrote:If the chasee guy actually shot real bullets into chaser's car, why wasn't the shooter charged with attempted murder?
Re: Hit and Run leads to shooting
Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.
(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:
(1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;
(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:
(A) by a public servant acting under color of the servant's office or employment;
(B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
(C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or
(D) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or
(3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:
(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;
(B) is reckless as to whether the habitation, building, or vehicle is occupied; and
(C) in discharging the firearm, causes serious bodily injury to any person.
(4) Expired.
(c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.
(d) In this section, "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
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Re: Hit and Run leads to shooting
Beat me to it!Keith B wrote:Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.
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- Oldgringo
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Re: Hit and Run leads to shooting
If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?WildBill wrote:Beat me to it!Keith B wrote:Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.
Re: Hit and Run leads to shooting
No! At least not in Texas.Oldgringo wrote:If the person is dead, it ain't attempted. If you shot the person's eye out and he ain't dead, wouldn't that be attempted murder?WildBill wrote:Beat me to it!Keith B wrote:Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.
If it were the law, you would have to prove that the person intended to kill the person.
In this case, the suspect shot at the car, not at a particular person.
It would be hard to prove that the suspect aimed and shot at any particular person with the intent to murder [kill] them.
IANAL, but that is my opinion.

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Re: Hit and Run leads to shooting
Keith B wrote:Aggravated assault
There is no 'attempted murder' penal code. Penal code 19 covers homicide and murder, but you actually have to kill the person to be charged with one of the offenses.Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.
(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:
(1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;
(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:
(A) by a public servant acting under color of the servant's office or employment;
(B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
(C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or
(D) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or
(3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:
(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;
(B) is reckless as to whether the habitation, building, or vehicle is occupied; and
(C) in discharging the firearm, causes serious bodily injury to any person.
(4) Expired.
(c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.
(d) In this section, "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.
he can also be charged with deadly conduct, I think anyway
Re: Hit and Run leads to shooting
While there is no offense titled "Attempted Murder", there is a Criminal Attempt statute that is designed to be applied to other offenses.
A person can be charged with attempted murder. The penalty is one level below the actual offense, so in this case a second degree felony. Aggravated assault is a second degree felony in and of itself with fewer elements to prove. It COULD be a first degree felony if;
Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.
(b) If a person attempts an offense that may be aggravated, his conduct constitutes an attempt to commit the aggravated offense if an element that aggravates the offense accompanies the attempt.
(c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
(d) An offense under this section is one category lower than the offense attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor.
A person can be charged with attempted murder. The penalty is one level below the actual offense, so in this case a second degree felony. Aggravated assault is a second degree felony in and of itself with fewer elements to prove. It COULD be a first degree felony if;
IMO, agg assault is the better charge.(3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:
(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;
(B) is reckless as to whether the habitation, building, or vehicle is occupied; and
(C) in discharging the firearm, causes serious bodily injury to any person.
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Re: Hit and Run leads to shooting
What is the penalty for aggravated assault versus deadly conduct?JP171 wrote: he can also be charged with deadly conduct, I think anyway
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Re: Hit and Run leads to shooting
Aggravated assault carries a higher penalty (2nd degree felony minimum), and don't think they can charge them with 2 charges under same chapter in the penal code. (Not 100% sure about that part though.)JP171 wrote:
he can also be charged with deadly conduct, I think anyway
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member
Psalm 82:3-4