Teslag said:

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I think in Texas if you are determined to have used lethal force in justified then you are immune from civil suits.

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Not true.

Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

Yesterday said:

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2nd degree. Maybe even manslaughter but definitely could have walked/ran away. Ole boy kicking his truck got a good dose of FAFO.

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Yep. Having worked my ass off for all of my trucks and properties, I'm not only ok with the shooters actions, I totally encourage it if you can live with it. We need more like him.

What's an app driver?

Anyone have the video? Or is it not allowed? Been deleted in the OP

CanyonAg77 said:

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What's an app driver?

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Uber
Lyft
Etc

ntxVol said:

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Teslag said:

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I think in Texas if you are determined to have used lethal force in justified then you are immune from civil suits.

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Not true.

Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

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You can be sued but it will be thrown out.

Thanks. Should have thought of that

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.83.htm

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 83. USE OF FORCE OR DEADLY FORCE


Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.


Added by Acts 1995, 74th Leg., ch. 235, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 4, eff. September 1, 2007.

CanyonAg77 said:

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What's an app driver?

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I'm guessing Uber/Lyft or an app delivery service.

Stupe said:

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I'm getting to the point where I really don't care if someone gets shot if they commit a crime. No matter what the crime is.

Don't play the game if you don't want the consequences.

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Yeah, I'm pretty much happy when any criminal gets shot. Really, I wish they'd all get some instant karma like that. I bet the crime rates would plummet everywhere.

Murder.

Both people involved were *******s. It's just that the lesser ******* is now dead and the greater ******* is about to go to prison for a few decades.

My only remaining question:

Once it's established as a legal shoot, should the victim also sue the estate of the deceased for a few hundred dollars to buff out those shoe marks on his truck?

Ol_Ag_02 said:

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OP should stop posting his own twitter account.

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It's his version of guerrilla marketing

PanzerAggie06 said:

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Murder.

Both people involved were *******s. It's just that the lesser ******* is now dead and the greater ******* is about to go to prison for a few decades.

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Funny how you were able to discern that in seconds, and to also discern that the truck kicker was less culpable than the guy defending his property.

Recommend not trusting an unhinged person to make the right decisions.

Johnny Boyziel 2 said:

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What about the right to protect your property?

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FAFO

FrioAg 00 said:

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My only remaining question:

Once it's established as a legal shoot, should the victim also sue the estate of the deceased for a few hundred dollars to buff out those shoe marks on his truck?

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And the cost of the ammo.

Retired FBI Agent said:

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FYI

This was in Brazil a few days ago. Road rage it sounds like. If initial reporting is true, kick-the-truck guy followed shooter to gas station so that is additional info. Speaking Portuguese in video but not sure what words were exchanged.

Lazy OP cant be bothered to include info?

Exclusive video shows the moment when a man shoots an app driver during a fight on Avenida Olvia Flores

Quote:

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An exclusive video received by Blog do Sena shows the moment when the fight between the driver of a pickup truck and an app driver ended in tragedy on Avenida Olvia Flores, on Saturday night.

The vehicles would have collided, when the two drivers disagreed. The app driver started kicking the truck. The truck driver drew his gun and shot the other driver.

From the images it is possible to notice that the author fired twice. The Military Police and Samu 192 were triggered.

The app driver was rescued and sent to the hospital. His identity and health status are unknown.

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Urgent: Author of shots during traffic fight on Avenida Olvia Flores has not yet been arrested

Quote:

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The author of the shots against an app driver on Avenida Olvia Flores, in Vitria da Conquista, this Saturday night, has not yet been arrested.

The author drove a truck that would have collided with the app driver's car on another street. The app driver would have followed the truck and both stopped at a gas station.

During the discussion, the app driver kicked the truck. The driver of the car pulled out the gun and shot the app driver. According to the police report, after the shots were fired, he got into his car and fled. Not having been found yet.

The victim was rescued by Samu 192 to the hospital. The Police are now continuing to take steps to locate the driver of the truck.

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https://blogdosena.com.br/video-exclusivo-mostra-momento-em-que-homem-atira-em-motorista-de-aplicativo-durante-briga-na-avenida-olivia-flores/

https://blogdosena.com.br/urgente-autor-de-disparos-durante-briga-de-transito-na-avenida-olivia-flores-ainda-nao-foi-preso/

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Are you one of the overwhelmingly corrupt fbi agents?

Teslag said:

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BMX Bandit said:

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it really all depends on what definition you use. in Texas, its pretty clearly murder:

Quote:

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intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual

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this is based on the short video clip, as the dead guy could have said earlier "I am going to rape and shoot you after I kick this truck"

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Would this not apply here?

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

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Not by itself.

To satisfy 9.42, then you would need to show that he was using force under Section 9.41. 9.42(2)(A) would seem to be be satisfied for the second part. There is also 9.42 (3):

Quote:

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(3) he reasonably believes that:
(A)the land or property cannot be protected or recovered by any other means; or
(B)the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

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Considering the anger of the of the one who was shot, 9.42(3)(B) would seem to be satisfied.

So would he be justified in using force under Section 9.41?

C@LAg said:

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H2SAag said:

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Are you one of the overwhelmingly corrupt fbi agents?

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trick question.

they are all corrupt and have been for a while.

never work with a fed except under a court order.,

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WOW

Before judgment is rendered more context is needed

jwj said:

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Before judgment is rendered more context is needed

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Very true.

Also, case law.

Dude was protecting his property and probably himself. The other guy was obviously out of control and definitely threatening.

Sad but I would say good shoot!

Not a Bot said:

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Don't have to retreat in Florida but you also can't shoot someone just because they are acting aggressively. Still need to have reasonable fear of death or great bodily harm.

Dude was attacking his truck, not him.

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One less thug.

Hope the shooter gets no sentence or a light sentence at best.