http://kxan.com/2018/02/03/couple-accused-of-shooting-caldwell-co-deputy-to-plead-self-defense-lawyer-says/

Another did not identify?

This could get interesting. I live in the country and would possibly do the same thing if I see a flashlight shining right outside my door. I wonder what reason the cop had for being there anyways.

I remember the drug dealer somewhere over here near B/CS that shot and killed one of the police when they did the no knock raid and he got off on that charge I'm pretty sure. Can't find a link at the moment. I'm sure he got charged with other stuff related to the drugs but I'm almost positive they didn't convict him on the murder charges.

Not quite the same situation as the story in the link but just a reference point for claiming self defense when police don't announce themselves.

They shot at an unidentified target that was frightening but had not yet become life threatening.

Manslaughter?

I remember this shooting but don't remember what happened after.

http://kxan.com/2015/01/05/when-youre-allowed-to-shoot-in-texas/

The deputy was investigating a theft and was walking up to the house when they shot him. He was hit multiple times. F them.

This is entirely different than being awakened in the middle of the night by someone smashing their way through your door.

GottaRide said:

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The deputy was investigating a theft and was walking up to the house when they shot him. He was hit multiple times. F them.

This is entirely different than being awakened in the middle of the night by someone smashing their way through your door.

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I read an article last night that said the deputy didn't identify himself and he shot first. If those two things are true, I think the shoot was justified.

One of the homeowners was a Travis Co Sheriff Dept employee for 10 years. I don't think this was a cop hater.

Withholding judgement. It does appear that there is room for the self defense argument. It also appears both of them screwed up. The deputy by not clearly identifying himself, the couple for not identifying the threat.

Are you kidding me? You think it is justified to shoot anyone walking up your driveway? And to shoot them multiple times?

Bad deal all around. This looks like it could get messy

GottaRide said:

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Are you kidding me? You think it is justified to shoot anyone walking up your driveway? And to shoot them multiple times?

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If they shoot first? Sure

Have you seen that reported anywhere, Canyon?

If someone is blinding me with a flashlight where I can't see who they are or what kind of weapon they may have pointed at me, I'm absolutely going to feel threatened. Add to that the situation with the squatters across the street from them.

DatTallArchitect said:

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... where I can't see who they are or what kind of weapon they may have pointed at me...

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That kind of ruins any justification for using deadly force.

On the contrary. They are acting aggressively and for reasons unknown to me are trying to shield themselves. Flashlights are used tactically for defense.

And if you shot someone based off of that argument alone, you should go to prison.

GottaRide said:

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Have you seen that reported anywhere, Canyon?

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texyaloo's post at 10:00am

Very interesting. I'm also going to withhold personal judgement until more details come out.

You should go to prison for defending yourself on your property against an aggressor that is shielding their actions from you? You can't be serious. I think you are letting yourself be blinded because this happened to a LEO. Try to remove yourself from that, and imagine it is you or a family member in their shoes. I guarantee a LEO is going to shoot if the actions are reversed, and I have no problem with that.

GottaRide said:

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Have you seen that reported anywhere, Canyon?

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http://www.mystatesman.com/news/crime--law/shooting-that-wounded-caldwell-deputy-was-self-defense-lawyer-says/GwlcEwNDIpfr9oc6i6sGYO/

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"The pair will plead not guilty and self-defense," said Banks, a longtime criminal defense attorney who also once served as a federal prosecutor. "They did not know the unannounced trespasser shining a flashlight into their house at night was a cop and were in fear for their lives."

According to Banks, squatters had taken shelter in a home across the street and had made death threats against the couple after they helped the property owner try to get the squatters evicted. On the night of the shooting, the couple believed that one of the squatters was on their property, Banks said.

[...]

The Caldwell County sheriff's office initially said shortly after the shooting that "deputies responded (to a call for service) and took fire," but Banks said his investigative sources tell him that only the deputy responded and that he fired his weapon first.

Banks said the deputy, who was wounded in the hand and shoulder, failed to turn on his emergency lights when he arrived at the house and never announced that he was a deputy until after the shooting.

"They thought there was a prowler on the premises," he said. "It was someone trespassing on their property as far as they knew."

Once they realized the "prowler" was actually a sheriff's deputy, "they staunched his wounds and helped bring aid from the ambulance," he said. "They did everything they could to help that officer.

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Thanks, had just found that and was about to post.

Of course, these are the assertions from the defense lawyer, so take them with a grain of salt.

If the deputy failed to identify, sounds like he screwed up, and is paying the price. Hate that it happened, but come on, use a little sense.

Thank you, txyaloo. That statement from the defense attorney is the only place that I see that. Every other report says the deputy was approaching the house when he came under fire. I want to know if the people that live there were reporting the theft or if they were the suspects in the theft.

DatTallArchitect said:

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You should go to prison for defending yourself on your property against an aggressor that is shielding their actions from you? You can't be serious. I think you are letting yourself be blinded because this happened to a LEO. Try to remove yourself from that, and imagine it is you or a family member in their shoes. I guarantee a LEO is going to shoot if the actions are reversed, and I have no problem with that.

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You keep moving the goalposts and are now calling a person with a flashlight "an aggressor shielding their actions from you." You still have a way to go.

GottaRide said:

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DatTallArchitect said:

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You should go to prison for defending yourself on your property against an aggressor that is shielding their actions from you? You can't be serious. I think you are letting yourself be blinded because this happened to a LEO. Try to remove yourself from that, and imagine it is you or a family member in their shoes. I guarantee a LEO is going to shoot if the actions are reversed, and I have no problem with that.

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You keep moving the goalposts and are now calling a person with a flashlight "an aggressor shielding their actions from you." You still have a way to go.

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Reread my other posts. I haven't moved anything. Same stance as always.

You are saying that someone shining a flashlight on you gives you the right to shoot them.

I'm out. Busy day ahead.

Put the phone down and take a breath brah. You sound a little unhinged.

Back for a minute to address this. I am passionate about firearm safety. One of the rules of firearms safety is knowing what your target is. If you are saying that a flashlight being shined in your eyes to the point that you can't see or know that the person is trying to harm you, then you need to do something other than shoot at the person holding that light. A prowler at night, outside your home, in that circumstance and with nothing else, does not legally justify killing them.

I have shot and killed someone and gone through the legal process. It is not something that you want to put yourself or your family through unless there is no other option.

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I want to know if the people that live there were reporting the theft or if they were the suspects in the theft.

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http://www.fox7austin.com/news/local-news/caldwell-county-deputy-recovering-after-being-shot

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Investigators, in a news release, said a Caldwell County Deputy, who had not been identified, was call to a home on Hidden Oak Road to talk to a man who claimed he was robbed. Sources tell Fox7 the deputy was told to speak with neighbors next door, and while making contact with the man and woman inside, is when he was shot several times .

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In addition, the shooters and several other neighbors have complained of squatters across the road. It's highly likely that a squatter did the theft.

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If you are saying that a flashlight being shined in your eyes to the point that you can't see or know that the person is trying to harm you, then you need to do something other than shoot at the person holding that light.

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I agree with that. I will also say that if you wander up to a house in the middle of the night and shine your flashlight around, you're also violating several safety rules.

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I have shot and killed someone and gone through the legal process. It is not something that you want to put yourself or your family through unless there is no other option.

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I'm sorry you had to go through that. And I can agree you don't just shoot at someone unless there is a highly credible threat to your safety.

My stance has always been that both the deputy and the shooter messed up.

GottaRide said:

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DatTallArchitect said:

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... where I can't see who they are or what kind of weapon they may have pointed at me...

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That kind of ruins any justification for using deadly force.

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In Texas, you can shoot someone for TPing your house, at night.

Criminal mischief in the nighttime.

GottaRide said:

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Are you kidding me? You think it is justified to shoot anyone walking up your driveway? And to shoot them multiple times?

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It's legal up here, given the DLP laws. If you feel threatened that that someone is going to harm you or your property.....shoot'em

GottaRide said:

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A prowler at night, outside your home, in that circumstance and with nothing else, does not legally justify killing them.

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Actually, it does.

I'd like to know what was stolen that was so important that the deputy couldn't wait until daylight to investigate.

There were some reports that it was a prowler call, so one might assume he was trying to catch the robber.

Which might explain why he wasn't running his car's lights and yelling "Police!"

I am completely sympathetic to the fear one might have when an unannounced individual is on you private property at night with a threat nearby. Put me on the jury and it is highly doubtful I'd find these people guilty of what they are charged with. At best, you might get me to go for some sort of reckless conduct misdemeanor.

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In Texas, you can shoot someone for TPing your house, at night.

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No you can't. Please don't post this non-sense on here. Someone might take you seriously.

And you can't shoot someone for shining a flash light at you. It's simply not a justification for deadly force