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

18,007 Views | 210 Replies | Last: 1 yr ago by TexasRebel
wbt5845
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AG
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.
ShotOver
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AG
Not only is it ok, it's expected
CanyonAg77
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Ooooh, six minutes late to the party!

https://texags.com/forums/16/topics/3354387
tk for tu juan
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Bassmaster
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tk for tu juan said:

Shooting them as they run away and fleeing the scene will be an issue
Somebody didn't watch the video. He was in the middle of the restaurant. No way to know if he was actually leaving (not that this issue tells the whole story anyway).
Krombopulos Michael
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Why didn't he just shoot the plastic gun out of his hands?
Pumpkinhead
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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.
tk for tu juan
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Deleted the post after seeing the pic on the other thread
SamjamAg
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AG
How do you know he was leaving the store? Just because he was walking to the door doesn't mean he won't shoot someone on the way out. Or turn around and shoot. Then it is too late. He waited until he had the safest shot for himself and the others. If he was out the door, maybe, but still a risk.
MouthBQ98
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If the person committing aggravated robbery with what appears to be a deadly weapon has not left the building and there are persons inside still potentially under threat along the path, then it would be a defense to prosecution to claim deadly force was used to neutralize a threat of deadly force to others.

There's nothing to indicate the deadly threat is over until the robber has exited the building.
Ag_of_08
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He has what appears to be a firearm pointed at another customer, and just robbed the place.... you tick TWO of the qualifications for a good shoot under Texas law with that. Even if he was leaving...which it appears he wasn't anyway...
Ag_of_08
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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...
Old Army Ghost
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Old Army has gone to hell.
Old Army Ghost
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Old Army has gone to hell.
rgag12
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AG
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.




Criminal has what appears to be a firearm out and threatening people. I don't know in what world that isn't a viable pretext to shoot.
DannyDuberstein
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AG
If I am on your jury, 100% yes you can
Aggie Jurist
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AG
Quote:

We don't need folks walking around playing Judge Dredd.
We also don't 'need' folks committing robbery.
LGB
1872walker
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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.
DannyDuberstein
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AG
rgag12 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.

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.




Criminal has what appears to be a firearm out and threatening people. I don't know in what world that isn't a viable pretext to shoot.


The perp is threatening someone, good shoot all day everyday
AGHouston11
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AG
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
Tea Party
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When seconds matter, police are minutes away.

Great shoot.
Learn about the Texas Nationalist Movement
https://tnm.me
TxTarpon
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Quote:

I really don't know how Texas law addresses this.
Shoot someone.
Leave the scene.
Hope he is anonymous or has lawyered up already.
Could be he is a felon with a gun and did not want his fat bank roll stolen.
Smart to flee in that case.


The surveillance video shows the shooting going down. It shows customers, witnesses, and the shooter leaving the scene right after the shooting.
frenchtoast
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One less piece of garbage in Houston.
Kvetch
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AG
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 it's just stuff, they shouldn't risk their life trying to illegally obtain it. All your logic does is embolden criminals. A safe society is one where you have to fear death for breaking the law and harming others.

Society is better without thieves whether in prison or the ground. They made their choice.

ETA a thief brandishing a weapon is the definition of a threat.
jrb2019
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https://texas.public.law/statutes/tex._penal_code_section_9.32

Seems pretty clear to me. If he left after the shoot, that's dumb, but with what we actually see in the video it is pretty clear to me that this was a justified use of deadly force.
1872walker
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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.
combat wombat™
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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.


Says someone who can probably afford d to have what's in their pockets stolen. Maybe the shooter's rent and grocery money for the whole month just got stolen. Maybe he's got kids to feed and house.

I wouldn't shoot over what's in my pockets, but I'm not gonna blame someone else who makes the decision to do so.
Caliber
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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.
Its not just theft of property when they have a gun...

Doesn't matter that it ended up being a fake gun. You have to presume anyone that is using a gun to forcibly take your stuff is prepare to use it.

Good Shoot.
No Spin Ag
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I'm more than good with the guy shooting him. Hopefully he didn't break the law by doing it because if a cop did it we wouldn't even be talking about it.
Kvetch
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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.
Dimebag Darrell
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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.
You must not live in Houston. Yes we do. Cops and judges aren't doing sh**.
Dimebag Darrell
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rgag12 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.

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.




Criminal has what appears to be a firearm out and threatening people. I don't know in what world that isn't a viable pretext to shoot.
Boom, great shoot. Guy is a hero.
1872walker
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Caliber 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.
Its not just theft of property when they have a gun...

Doesn't matter that it ended up being a fake gun. You have to presume anyone that is using a gun to forcibly take your stuff is prepare to use it.

Good Shoot.


I'll say it again.

I was responding to the statement that the shooting was justified because of the theft of property.

Again, yes that may be legally justified but that alone would be a poor reason to shoot someone due to the ****storm you are putting yourself in after the fact.

I never once said that was the situation here. Look at this thread and the other where I have stated that this was completely justifiable and if I were in the same place, I would have likely responded in a similar manner (minus the fumbling with pocket carry).

Again, this was a good shoot.
lb sand
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I guess the robber never watched Snatch.

CorpsTerd04
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He was pointing the gun at the guy in the corner he was not even close to leaving. That reporter should be fired.
 
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