Can you shoot someone while they are holding up a store you're at?

17,952 Views | 210 Replies | Last: 1 yr ago by TexasRebel
deddog
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1872walker said:

Ag_of_08 said:

Of he had just stolen from the victim, it was a good shoot btw. Reasonable belief property is being taken with no chance of recovery...


Regardless of legality, it's a horrible idea to shoot someone who is not a threat because of theft of property. It's just stuff. Not worth it.

over the years I've read of countless incidents where the perp has shot/killed people who comply

Can't take a chance . Also this dude looked unstable and his weapon was pointed all over the place
FCBlitz
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Brown on Black Crime?
FCBlitz
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1872walker said:

Kvetch said:

1872walker said:

Fear of imprisonment should be a sufficient deterrent for property crimes. It's inexcusable that big cities are not enforcing laws.

However, you're ignoring the legal, monetary and emotional consequences for the shooter should they choose to use deadly force against someone who took something from them.

To clarify, this was absolutely a good shoot. There is clearly a threat to the persons in the restaurant. Keep the justification there.


Hate to break it to you, but prison is not an adequate deterrent. I'm so sick of the bleeding hearts saying "think of the situation of the criminal!" How about you think about the victims. I care about the people who wake up in the morning and don't decide to stick a pistol in the face of others to obtain their worldly belongings.

You can mourn the loss of life while also recognizing that they were hoist upon their own petard. They chose their fate. An armed society is a polite society, and every conceivable study proves that. Let's not act like the police catch every single one of these guy.

It's quite obvious you've never been robbed.


Separate issues. Prison not being an adequate deterrent is a failure of law enforcement and the justice system. Separate issue.

I'm not mourning a damn thing here. Look at the second post on this thread.

This scumbag decided his own fate and I won't shed a tear about him not stealing money or even oxygen from this world ever again.

This was a clear threat to life and completely justified. I was responding to a particular post and stating that risk of loss of property alone while legal is a poor choice of use of deadly force.

And yes. I have been robbed. It sucks.


I think it is a good choice and so does all of the other future victims. Home boy created the dynamic for his own death through a series of unfortunate mistakes.
Whirligigs
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We need more 'judge dredds' shooting trash like this on a daily basis.
Gator92
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Jack Squat 83 said:

I didn't watch the video, but did the shooter or other victims retrieve their stolen goods from the deceased?

If not and they all ran out, that's your answer on whether it's a property crime(theft) or a violent terrorizing incident, that clearly justifies the shoot.
He did.

Also, only owner and staff remained until po po arrived.

Not surprising given this occurred at a taqueria in SW Houston...

Quote:

Police say the shooter then took the stolen money from the suspect and gave it back to the customers. He and the other patrons then left, officials say.
https://www.fox26houston.com/news/houston-robbery-suspect-shot-to-death-by-customer-taqueria-gessner
eric76
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AGHouston11 said:

MuchosPollos said:

Why didn't he just shoot the plastic gun out of his hands?


From the Biden Handbook of self defense:

You shoot at the leg
Biden's a fan of knee-capping?
eric76
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wbt5845 said:

I really don't know how Texas law addresses this. Guy is robbing a restaurant (turns out to be with a toy gun). As he's leaving, a customer blows him away and then everyone hauls ass.

https://www.khou.com/article/news/crime/taqueria-robbery-shooting-houston/285-5dceec19-9c07-444c-b211-4c584738e0fa

Quote:

A customer at Ranchito Taqueria shot and killed a man who robbed the restaurant in southwest Houston late Thursday night, according to the Houston Police Department.

Houston police said an armed man in a mask came inside the restaurant, demanding money and wallets from customers. However, as he was leaving, one of those customers shot the suspect.

None of the other people in the restaurant were injured during the incident.

Investigators said the suspect ended up not having a real gun.

"The robbery suspect he came into the store and was wearing masks and gloves," HPD Lt. Wilkens said. "He had a plastic pistol possibly an aero soft or possibly a little BB pistol."

The surveillance video shows the shooting going down. It shows customers, witnesses, and the shooter leaving the scene right after the shooting.

Houston police said they want to talk with all of them.

From the video, we can't actually tell if he was going to leave or not. Even if the door was that way, it is quite reasonable to think that he would have turned around and came back.
Rockdoc
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So he wasn't threatening anyone. Are you serious? If you wait for the guy to turn around and fire a shot at you, you're probably dead. And cops shoot people with plastic guns all the time.
jt2hunt
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Rockdoc said:

So he wasn't threatening anyone. Are you serious? If you wait for the guy to turn around and fire a shot at you, you're probably dead. And cops shoot people with plastic guns all the time.
Bryanisbest
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Yes. In Texas it's called defense of third parties. Same as self defense. If someone is threatening another person with death or serious bodily the third party can be defended with death or serous boldly injury against the threatener as long as the threat is still existing
Ghost of Andrew Eaton
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1872walker said:

Ag_of_08 said:

Of he had just stolen from the victim, it was a good shoot btw. Reasonable belief property is being taken with no chance of recovery...


Regardless of legality, it's a horrible idea to shoot someone who is not a threat because of theft of property. It's just stuff. Not worth it.


I generally agree but this fool is waving a gun around and marching around the room. There is no way to predict his next actions. Fire away if you are trained and steady.
If you say you hate the state of politics in this nation and you don't get involved in it, you obviously don't hate the state of politics in this nation.
combat wombat™
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So was the shooter legally obligated to stick around? I mean, I know police would want them to stay around, but are they legally obligated to stay around?
APHIS AG
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Pumpkinhead said:

If the robber was shot in the back (I don't know if that was the case but hypothetically) while trying to leave the store, exiting not threatening anyone…I would expect criminal charges to be filed against the shooter. We don't need folks walking around playing Judge Dredd.

If in that same hypothetical it was a cop doing the shooting, there would be repercussions for that officer.

If the shooter was legitimately in a situation where a reasonable person would conclude his or someone else's life was in danger, then okay.
And what if the shooter, who is leaving, hypothetically, decides to turn around and starts shooting.

If someone approaches with a gun, threatens to harm me or my family/friends, I do not care if he is running or not for he chose to commit a violent act and just because it "appears" that the "violence" is over does not mean that it is over.
agz win
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Robber was not leaving yet. He hadn't robbed the guy sitting at the door and was going to him. Doesn't matter. Shooter will walk.

Edit: I'm wrong. Just saw the video on the news and guy at door was robbed first so robber was likely leaving. Still, justifiable killing during robbery.

Extended video shows shooter picking up gun and realizing it was a fake then through it across room before leaving in anger.
BigRobSA
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Bury this guy in a "**** Around and Find Out Champ!" T-shirt.
fredfredunderscorefred
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Rule: don't point your weapon at someone/thing unless you intend to shoot it. That includes people that go in restaurants robbing people. He has a gun. Aiming it at people. Gotta assume he intends to shoot them. Nobody knows what oddity will set him off and have him start shooting (especially since it's presumed by the first point that he intends to shoot). He is in a closed room pointing a weapon at people. Going towards another patron. Good shoot
CondensedFogAggie
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100% justified

Quote:

Texas Penal Code 9.31

(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.

The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) Knew or had reason to believe that the person against whom the force was used:

(A) Unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

(B) Unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; Or

(C) Was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2) Did not provoke the person against whom the force was used; and

(3) Was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

YokelRidesAgain
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Dude is literally pointing what appears to be a gun at a defenseless person with his hands up while committing an aggravated robbery.

What is the shooter supposed to do, nicely ask Mr. Robber Man if he can examine his firearm for authenticity?

Medal. Give it to him.

PS Where does it say that he's obligated to hang around and talk to the police? The only things he has to, or should, say to the police are: "Am I being detained?" and "I want a lawyer."
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BTKAG97
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1872walker said:

Ag_of_08 said:

Of he had just stolen from the victim, it was a good shoot btw. Reasonable belief property is being taken with no chance of recovery...
Regardless of legality, it's a horrible idea to shoot someone who is not a threat because of theft of property. It's just stuff. Not worth it.
Incorrect. All anti-social behavior should be dealt with swiftly and harshly.
91AggieLawyer
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TxAgPreacher said:

Pumpkinhead said:

If the robber was shot in the back (I don't know if that was the case but hypothetically) while trying to leave the store, exiting not threatening anyone…I would expect criminal charges to be filed against the shooter. We don't need folks walking around playing Judge Dredd.

I am duly licensed by the state of Texas to carry a firearm. It is legal for me to do so, and the purpose is to use it if I need to. In the class they taught me that I was justified if someone pointed a gun at me or someone else.(Fake or otherwise)

This doesn't make me Judge Dredd. It makes me licensed by the government, and gives me the authority to dispense justice on active shooters, and criminals who seek to threaten the innocent. As scriptures states.
Quote:

Ro 13:3-7 For rulers are not a terror to good works, but to evil. Do you want to be unafraid of the authority? Do what is good, and you will have praise from the same. 4 For he is God's minister to you for good. But if you do evil, be afraid; for he does not bear the sword in vain; for he is God's minister, an avenger to execute wrath on him who practices evil. 5 Therefore you must be subject, not only because of wrath but also for conscience' sake. 6 For because of this you also pay taxes, for they are God's ministers attending continually to this very thing. 7 Render therefore to all their due: taxes to whom taxes are due, customs to whom customs, fear to whom fear, honor to whom honor.
The criminal should fear CHL/LTC holders everywhere.

While I agree with your sentiment, what you state in bold is incorrect. Your license gives you the ability to carry a concealed (or in some cases open) handgun pursuant to the law. That's it. You have neither a duty nor any authority to "dispence justice," whatever that means.
The Debt
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doubledog said:

ShotOver said:

Not only is it ok, it's expected
It is never OK to harm anyone... It may be necessary to defend yourself or your family.

Moral obscurity dripping from this post
InfantryAg
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TxAgPreacher said:

Pumpkinhead said:

If the robber was shot in the back (I don't know if that was the case but hypothetically) while trying to leave the store, exiting not threatening anyone…I would expect criminal charges to be filed against the shooter. We don't need folks walking around playing Judge Dredd.

I am duly licensed by the state of Texas to carry a firearm. It is legal for me to do so, and the purpose is to use it if I need to. In the class they taught me that I was justified if someone pointed a gun at me or someone else.(Fake or otherwise)

This doesn't make me Judge Dredd. It makes me licensed by the government, and gives me the authority to dispense justice on active shooters, and criminals who seek to threaten the innocent. As scriptures states.

The criminal should fear CHL/LTC holders everywhere.
As the attorney AggieLawyer stated, this is wrong. My opinion is coming from a cop and a former Texas CHL instructor. A CHL license doesn't give you any more rights or authority than any other citizen, except where you can carry.

Even cops aren't allowed to dispense justice, and for good reason.

If your chl instructor told you something like that, he should be reported and have his teaching privileges taken away. He is putting people in some serious legal jeopardy.
D-Fens
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88planoAg
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Bad guy has time to rob everyone at the restaurant, then good guy shoots him, then examines weapon, gets all stolen goods, gives stuff back to victims, good guy and all customers leave.....all of this happens BEFORE the cops get there.
valtosca
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1872walker said:

Ag_of_08 said:

Of he had just stolen from the victim, it was a good shoot btw. Reasonable belief property is being taken with no chance of recovery...


Regardless of legality, it's a horrible idea to shoot someone who is not a threat because of theft of property. It's just stuff. Not worth it.

VegasAg86
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valtosca said:

1872walker said:

Ag_of_08 said:

Of he had just stolen from the victim, it was a good shoot btw. Reasonable belief property is being taken with no chance of recovery...


Regardless of legality, it's a horrible idea to shoot someone who is not a threat because of theft of property. It's just stuff. Not worth it.




Well done. The "as he was leaving" claim is 100% fake news. It's shameful reporting.
jpb1999
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1872walker said:

Ag_of_08 said:

Of he had just stolen from the victim, it was a good shoot btw. Reasonable belief property is being taken with no chance of recovery...


Regardless of legality, it's a horrible idea to shoot someone who is not a threat because of theft of property. It's just stuff. Not worth it.


Not if the robber is doing it with a gun that could possibly kill you with later…
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Spane Bohem


eric76
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1872walker said:

Ag_of_08 said:

Of he had just stolen from the victim, it was a good shoot btw. Reasonable belief property is being taken with no chance of recovery...


Regardless of legality, it's a horrible idea to shoot someone who is not a threat because of theft of property. It's just stuff. Not worth it.
If the theft of property is by threat of force, then how is it horrible to defend your life from the force explicit in the threat?
Houstonag
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If you see a gun and you are in position to take a shot then shoot quickly and kill him.
ABattJudd
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"Can you shoot someone while they are holding up a store you're at?"

Not if you end a sentence in a preposition. Then you're in serious legal trouble.
"Well, if you can’t have a great season, at least ruin somebody else’s." - Olin Buchanan
fixer
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yeah guys wasn't "leaving". he was in active felonious behavior.

And the good guy here had no other reasonable means of stopping the situation without hot lead right facking now.

I'd expect the exact same of PD.

This is text book good shoot.

aTm2004
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1872walker said:

Ag_of_08 said:

Of he had just stolen from the victim, it was a good shoot btw. Reasonable belief property is being taken with no chance of recovery...


Regardless of legality, it's a horrible idea to shoot someone who is not a threat because of theft of property. It's just stuff. Not worth it.

It's also a horrible idea to threaten to shoot someone if they don't give you their property. But I say the guy shot the thug because the thug was a threat to him and other patrons due to the gun he had, not because of property.
jt2hunt
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He was a threat with a gun that was neutralized before harming anyone.

EOS
D-Fens
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Even if he was leaving, shooting him in the back when the gun is not pointed at anyone, would be the highest probability of safe kill.

This idea that you are supposed to do a western duel or wait until the criminal is facing you is stupid. If someone goes around pointing a gun at people while commiting a felony, they are justified in being killed right there on premise by any means....and if they are retreating, thats great timing. Fleeing and surrendering are 2 very different things.
Krazykat
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"The person he shot was in the process of committing robbery and consequently his use of force in defense of himself and innocent third parties is completely justified in Texas," said former HPD officer, now lawyer, Thomas Nixon. "He was reasonably in fear of serious bodily injury or death."

Taco shop customer fatally shoots armed robber, returns money to fellow victims before fleeing scene, police say

https://www.click2houston.com/news/local/2023/01/06/customer-shoots-kills-robbery-suspect-inside-sw-houston-taco-shop-police-say/
 
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