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    #76
    Originally posted by Outbreaker View Post
    It was an ADA that gave me this. Seeing as this is one of the guys that is usually making charging decisions I will keep it.
    Like I said above, being a lawyer bring no magical understanding of the law. I have told several ADAs (and a couple if defense attorneys) a point about the law and they all say the same thing, let me look that up. Then they end up saying, yep, there it is.

    So let friend Mr or Ms ADA explain this section on the threat to use deadly force:

    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.


    I will hit the highlights.... producing a weapon and threatening death as long as you are creating an apprehension that deadly force will be used, “does NOT constitute the use of deadly force”.

    But I am just a cop, what do I know.....

    Comment


      #77
      Originally posted by tvc184 View Post
      Like I said above, being a lawyer bring no magical understanding of the law. I have told several ADAs (and a couple if defense attorneys) a point about the law and they all say the same thing, let me look that up. Then they end up saying, yep, there it is.

      So let friend Mr or Ms ADA explain this section on the threat to use deadly force:

      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.


      I will hit the highlights.... producing a weapon and threatening death as long as you are creating an apprehension that deadly force will be used, “does NOT constitute the use of deadly force”.

      But I am just a cop, what do I know.....
      Considering the advise I was given is MORE RESTRICTIVE than yours I will keep it as it covers yours as well.

      Adhering to the more restrictive of both definitions keep me from wearing your pretty bracelets.

      Comment


        #78
        Originally posted by Outbreaker View Post
        Considering the advise I was given is MORE RESTRICTIVE than yours I will keep it as it covers yours as well.

        Adhering to the more restrictive of both definitions keep me from wearing your pretty bracelets.
        You can adhere to whatever you think is appropriate. You made a statement that an assistant district attorney told you that the threat of deadly force is the same as using it. I merely pointed out that such a scenario is mentioned in the Penal Code and when used in defensive situations, that is not correct.

        If you don’t want to risk threatening someone to try and defend yourself, your family or property then don’t do so.

        Comment


          #79
          Originally posted by tvc184 View Post
          You can adhere to whatever you think is appropriate. You made a statement that an assistant district attorney told you that the threat of deadly force is the same as using it. I merely pointed out that such a scenario is mentioned in the Penal Code and when used in defensive situations, that is not correct.

          If you don’t want to risk threatening someone to try and defend yourself, your family or property then don’t do so.
          If I am defending my family (or a 3rd person....done this twice) I am at that point already committing to using deadly force and the threat is really just to try and avoid pulling the trigger. Both times I have been this far the bad guy just either ran off or sat and waited for the cops. I am glad I never had to pull the trigger.

          My point is that by the definition I was given I do not get into the position of threatening unless I am also authorized to pull the trigger.

          Comment


            #80
            Originally posted by J Sweet View Post
            Some ****** was honking his horn at me so gave him the bird. He rolls down his window to inform me “**** you bitch” so I smiled and gave him the bird again. He must of been having a bad morning.


            Sent from my iPhone using Tapatalk
            he honked his horn at you ...... lol! Big deal, and then you agged it on.

            Comment


              #81
              Originally posted by tdwinklr View Post
              he honked his horn at you ...... lol! Big deal, and then you agged it on.
              Exactly. He's probably on facebook wondering if he was justified in dragging you out of the car.
              Last edited by krisw; 04-23-2018, 11:53 AM.

              Comment


                #82
                Here's how I imagine this going down. This is purely fan fiction, so actual events may differ from the following.


                (J Sweet sits at a red light, updating his Facebook status, and does not see the light turn green. Dude in a Prius toots his horn to encourage J Sweet to get with the flow of traffic.)

                J Sweet: "Hey Fido, Dude just honked at me! That's rude! I'mma gonna give him the what fer!"

                Fido: "Okay Boss, just please leave me out of it this time."

                (J Sweet gives Dude the what fer, with a little birdie salute. Dude is not amused, and calls J Sweet a mean name.)

                J Sweet: "Hey Fido, Dude just called me a mean name! I'mma gonna hafta teach him who he's messin' wid!"

                (J Sweet sends another birdie Dude's way, along with a precious J Sweet gap-toothed smile. Dude kindly asks J Sweet to pull over so he can recommend a good orthodontist.)

                J Sweet: "Hey Fido, can you believe this Dude? He wants to fight! You gots my back, right? I'mma gonna roll down your winder, and when Dude walks up, you lunge out and give him the what fer!"

                Fido: "Please Boss, don't be writing any checks that I can't cash. I've got no dog (pun intended) in this fight. And I've also got no thumbs, so I'll kindly ask you to roll up my window please, whilst I sit here in the back seat licking my balls and quite literally minding my own bidness."

                J Sweet: "C'mon Fido, you can take 'em! And if'n it looks like things are turnin' south for ya, I'll pop a cap in his arse!"

                Fido: "I'm begging you Boss, please be the bigger man and let it go."

                (The situation quickly deescalates as Dude catches another green light and whips his Prius into the nearest Panera Bread for a Quinoa tomato sofrito blend salad, with romaine, kale, cucumbers and kalamata olives, tossed in Greek dressing and topped with feta and toasted almonds... according to Dude's Facebook status update.)

                Comment


                  #83
                  Not really an opinion on legality, just an observation. If you would actually shot a human because he punched your dog maybe you shouldn't be carrying a gun.

                  Comment


                    #84
                    Have fun in civil court as well

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                      #85
                      9.42 3 A and B is the answer....

                      Comment


                        #86
                        Originally posted by Brotherbill View Post
                        Check with Texas Law Sheald they will know and that’s who I use.
                        Their smokin' hot rep at my LTC class was the one who said....outside your home......you shoot someone for any reason you are going to jail and you will be on trial.

                        The instructor agreed.

                        Comment


                          #87
                          The instructors are wrong about a lot of stuff. Plenty of the law shield reps are probably college dropouts.

                          Comment


                            #88
                            You go ahead and chance it. LOL. It's really common sense. The beat cop at the scene will not determine if the shooting was justified. Not rocket science.

                            Comment


                              #89
                              A few years ago one dog attacked another inside of Petsmart. A nearby officer pulled his gun and shot the aggressor

                              Comment


                                #90
                                Originally posted by xman59 View Post
                                9.42 3 A and B is the answer....
                                It most definitely is NOT.

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