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

17,983 Views | 210 Replies | Last: 1 yr ago by TexasRebel
ScottBowen
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Texas's original concealed carry law was written by the daughter of victims of the mass shooting in a Luby's in the 90s, who ran for the legislature for that purpose. I certainly hope she would be allowed to defend herself in that scenario under that law.
Redassag94
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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.
New Jersey?
RedAssAg
Class of '94
Born & Raised in Texas, lovin Colorado!!
BoDog
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Help_needed said:

Is your the wallet that says Bad Mother****er
Was thinking the exact same thing. I bet its safe to say most on here do not get this reference but still awesome nonetheless!
HTownAg98
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TefIon Don said:

How do I know he's dead unless you check pulse or he has a bullet through the skull? He could have been wearing a vest and was playing dead.

The issue isn't if he's dead; it is if he continues to be a threat. If you shoot someone and wound them, and they're laying on the ground, hands out, and not moving, they're no longer a threat, and you aren't justified in shooting them. That being said, if they move a hand toward a waist as if they're reaching for a weapon, you may be justified in taking another shot to make them stop.

The first eight shots are likely ok. The last one where he walks up to him and shoots him in the back of the head (dumb move for many reasons), could be very problematic.
sleepybeagle
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zephyr88 said:

4 shots from standing to the ground - good shots
4 shots after he hit the ground - questionable
1 shot for good measure - uncertain

I'll be following this outcome.
If you or I or the prosecutor's family had been in the restaurant:

9 good shots.
fka ftc
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If you carry out justice on someone in the act of committing a felony or even appearing to commit a felony, then you have ABSOLUTE, COMPLETE immunity from any prosecution. Including any "felony in possession of a firearm" nonsense.

We need way more vigilante justice and community provided law enforcement. Good shoot. I would even be fine with him reloading and ensuring the sentence was completed by the offender.
"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
wbt5845
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News today says he'll now talk to police, but only with his lawyer.

Smart.
fka ftc
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Absolutely always have a lawyer. Even when the police benevolent society calls asking for a donation, I always let them know I am willing to discuss and contributions in the presence of my attorney.

Never, ever talk to a policeman without a lawyer.
"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
InfantryAg
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fka ftc said:

If you carry out justice on someone in the act of committing a felony or even appearing to commit a felony, then you have ABSOLUTE, COMPLETE immunity from any prosecution. Including any "felony in possession of a firearm" nonsense.

We need way more vigilante justice and community provided law enforcement. Good shoot. I would even be fine with him reloading and ensuring the sentence was completed by the offender.
sounds like somalia
i-miss-the-republic
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fka ftc said:

Never, ever talk to a policeman without a lawyer


Never talk to the police PERIOD. Here is classic advice from a lawyer AND the police.


fka ftc
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InfantryAg said:

fka ftc said:

If you carry out justice on someone in the act of committing a felony or even appearing to commit a felony, then you have ABSOLUTE, COMPLETE immunity from any prosecution. Including any "felony in possession of a firearm" nonsense.

We need way more vigilante justice and community provided law enforcement. Good shoot. I would even be fine with him reloading and ensuring the sentence was completed by the offender.
sounds like somalia
NYC and Chicago resemble Somalia much more than anything I described. Not even close.
"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
Dimebag Darrell
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InfantryAg said:

fka ftc said:

If you carry out justice on someone in the act of committing a felony or even appearing to commit a felony, then you have ABSOLUTE, COMPLETE immunity from any prosecution. Including any "felony in possession of a firearm" nonsense.

We need way more vigilante justice and community provided law enforcement. Good shoot. I would even be fine with him reloading and ensuring the sentence was completed by the offender.
sounds like somalia
Damn, good honest people stand up to violent criminals that the liberals keep letting back out onto the streets there? Might have to add Somalia as a bucket list destination. Sounds like a badass place.
zephyr88
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sleepybeagle said:

zephyr88 said:

4 shots from standing to the ground - good shots
4 shots after he hit the ground - questionable
1 shot for good measure - uncertain

I'll be following this outcome.
If you or I or the prosecutor's family had been in the restaurant:

9 good shots.
Agree.

After 4 shots... he was probably dead
After 5 shots... he was likely dead
After 6 shots... he was most likely dead
After 7 shots... he was certainly dead
After 8 shots... he was surely dead
After 9 shots... he was dead dead
redcrayon
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His lawyer needs to tell the police that he's not talking. Video speaks for itself.
Kenneth_2003
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Well... Harris County is referring it to a grand jury. I'm sure an indictment is forthcoming
InfantryAg
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Brittmoore Car Club said:

InfantryAg said:

fka ftc said:

If you carry out justice on someone in the act of committing a felony or even appearing to commit a felony, then you have ABSOLUTE, COMPLETE immunity from any prosecution. Including any "felony in possession of a firearm" nonsense.

We need way more vigilante justice and community provided law enforcement. Good shoot. I would even be fine with him reloading and ensuring the sentence was completed by the offender.
sounds like somalia
Damn, good honest people stand up to violent criminals that the liberals keep letting back out onto the streets there? Might have to add Somalia as a bucket list destination. Sounds like a badass place.
I'm all for citizens stopping criminals. But there are laws that were passed by legislators representing the citizens. Use of deadly force is pretty specific, but here many want to forgo any sense of rule of law, because the outcome is one they agree with.

Where do you draw the line. Your kid cut me off in traffic, so I get to shoot him?

Vigilantism can go wrong, real fast. The judicial system failing doesn't mean we should disregard all laws.

If a cop was the shooter, most of this board would be calling for him to be jailed. And that would be appropriate.
DannyDuberstein
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Kenneth_2003 said:

Well... Harris County is referring it to a grand jury. I'm sure an indictment is forthcoming


Ridiculous, but I fear that last shot is going to be a problem for him even tho that guy was deader than fried chicken already
agz win
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GJ will no bill.
torrid
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Dead robber was out on bond. Far from his first rodeo. But his last.

Quote:

Records show Washington had an extensive criminal history and was out on bond during the would-be robbery.

Washington was sentenced to 15 years in prison in 2015 for an aggravated robbery, which was pleaded down from capital murder for the 2013 robbery and death of a store clerk, 62-year-old Hamid Waraich, records show. He was released on parole in 2021 and charged with assaulting his girlfriend in December 2022, according to records.

https://abc13.com/houston-taqueria-shooting-customer-shoots-robber-eric-eugene-washington-killed-suspect-death/12681554/
Rockdoc
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I think most citizens would hang around for the cops after a shooting, especially if you thought you were in the right. I wonder if the shooter was himself a fugitive from the law. Or he realized those last shots would get him in trouble. Maybe he was a past felon and would fry for having a gun.
CanyonAg77
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If he had served his full sentence, or been in jail for breaking parole, he would still be alive.
CanyonAg77
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Rockdoc said:

I think most citizens would hang around for the cops after a shooting, especially if you thought you were in the right. I wonder if the shooter was himself a fugitive from the law. Or he realized those last shots would get him in trouble. Maybe he was a past felon and would fry for having a gun.
Or illegal, or doesn't trust cops, or scared, or figures he did nothing wrong or...
Dimebag Darrell
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InfantryAg said:

Brittmoore Car Club said:

InfantryAg said:

fka ftc said:

If you carry out justice on someone in the act of committing a felony or even appearing to commit a felony, then you have ABSOLUTE, COMPLETE immunity from any prosecution. Including any "felony in possession of a firearm" nonsense.

We need way more vigilante justice and community provided law enforcement. Good shoot. I would even be fine with him reloading and ensuring the sentence was completed by the offender.
sounds like somalia
Damn, good honest people stand up to violent criminals that the liberals keep letting back out onto the streets there? Might have to add Somalia as a bucket list destination. Sounds like a badass place.
I'm all for citizens stopping criminals. But there are laws that were passed by legislators representing the citizens. Use of deadly force is pretty specific, but here many want to forgo any sense of rule of law, because the outcome is one they agree with.

Where do you draw the line. Your kid cut me off in traffic, so I get to shoot him?

Vigilantism can go wrong, real fast. The judicial system failing doesn't mean we should disregard all laws.

If a cop was the shooter, most of this board would be calling for him to be jailed. And that would be appropriate.


Hell no, a cop should have done the same thing. He was still threatening people. I do not fear your slippery slope argument. Shooting people for cutting you off in traffic lol. You could have always done that, I don't think we'll see a ramp up.

Cop would have been right to shoot him at any time during that robbery. But prob would have dropped him as soon as gun was brandished.

It's a good shoot. Only thing questionable was the final coupe shots after guy was down. They may try to fry him for that.
Rockdoc
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I think everyone knows you're not to leave the scene of a self defense shooting.
Dimebag Darrell
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Rockdoc said:

I think everyone knows you're not to leave the scene of a self defense shooting.


What if it's a public location and you genuinely fear retribution before cops can arrive? I personally would have fled to a diff location and called cops and lawyer.
Rockdoc
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Brittmoore Car Club said:

Rockdoc said:

I think everyone knows you're not to leave the scene of a self defense shooting.


What if it's a public location and you genuinely fear retribution before cops can arrive? I personally would have fled to a diff location and called cops and lawyer.

Yeah I agree with that.
torrid
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CanyonAg77 said:

If he had served his full sentence, or been in jail for breaking parole, he would still be alive.
CanyonAg77
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Rockdoc said:

I think everyone knows you're not to leave the scene of a self defense shooting.
When dealing with the public, "Everyone knows" is a pretty risky assertion.
YokelRidesAgain
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InfantryAg said:


If a cop was the shooter, most of this board would be calling for him to be jailed. And that would be appropriate.
No I wouldn't.

Would I object if a cop got fired for pumping an extra shot into an aggressor's head after he was already incapacitated? No.

But we're not talking about professional standards here.

There is no criminal case here, at all.
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YokelRidesAgain
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CanyonAg77 said:

Rockdoc said:

I think everyone knows you're not to leave the scene of a self defense shooting.
When dealing with the public, "Everyone knows" is a pretty risky assertion.
"Everyone knows?"

Says who?

Where is the statute that says he has to do that?

"Guilty people don't run" is not a thing.
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Rockdoc
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If you shoot someone in self defense and don't hang around or make yourself available, the cops are gonna come after you.
YokelRidesAgain
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Rockdoc said:

If you shoot someone in self defense and don't hang around or make yourself available, the cops are gonna come after you.
Of course they are.

That doesn't make you criminally responsible, and nor can it be used against you.
No material on this site is intended to be a substitute for professional medical advice, diagnosis or treatment. See full Medical Disclaimer.
Rockdoc
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Not at all
Maybe I better edit that. There's some belligerent lib DA's that may see it differently
aTm2004
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Rockdoc said:

I think most citizens would hang around for the cops after a shooting, especially if you thought you were in the right. I wonder if the shooter was himself a fugitive from the law. Or he realized those last shots would get him in trouble. Maybe he was a past felon and would fry for having a gun.

I like to think he was working the night shift and needed to get back.
fka ftc
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Brittmoore Car Club said:

InfantryAg said:

Brittmoore Car Club said:

InfantryAg said:

fka ftc said:

If you carry out justice on someone in the act of committing a felony or even appearing to commit a felony, then you have ABSOLUTE, COMPLETE immunity from any prosecution. Including any "felony in possession of a firearm" nonsense.

We need way more vigilante justice and community provided law enforcement. Good shoot. I would even be fine with him reloading and ensuring the sentence was completed by the offender.
sounds like somalia
Damn, good honest people stand up to violent criminals that the liberals keep letting back out onto the streets there? Might have to add Somalia as a bucket list destination. Sounds like a badass place.
I'm all for citizens stopping criminals. But there are laws that were passed by legislators representing the citizens. Use of deadly force is pretty specific, but here many want to forgo any sense of rule of law, because the outcome is one they agree with.

Where do you draw the line. Your kid cut me off in traffic, so I get to shoot him?

Vigilantism can go wrong, real fast. The judicial system failing doesn't mean we should disregard all laws.

If a cop was the shooter, most of this board would be calling for him to be jailed. And that would be appropriate.


Hell no, a cop should have done the same thing. He was still threatening people. I do not fear your slippery slope argument. Shooting people for cutting you off in traffic lol. You could have always done that, I don't think we'll see a ramp up.

Cop would have been right to shoot him at any time during that robbery. But prob would have dropped him as soon as gun was brandished.

It's a good shoot. Only thing questionable was the final coupe shots after guy was down. They may try to fry him for that.


Would make for a good case for jury nullification. We need more of that in this country when it comes to these cases. Yep he did what you said he did prosecutor, we heard you judge on your instructions, and we are exercising our express right to acquit the accused. Not guilty and if you try and charge him with another crime we will say not guilty on that as well. Goodnight and good luck.
"The absence of the word accountability is not the same as wanting no accountability" -unknown

"You can never go wrong by staying silent if there is nothing apt to say" -Walter Isaacson
 
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