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Originally Posted by EricOKC
Apparently he didn't. I don't believe charges have yet been filed even though the Harris County DA is extremely anti-gun. To the point that the laws in Texas had to be rewritten specifically to rein him in.
Texas explicitly allows the use of deadly force in the protection and recovery of property.
The only gray area is that it wasn't his property, but his neighbor's. Apparently the neighbor did ask him to keep an eye on the house though which makes things a little sticky.
If by some chance charges are filed, there isn't a jury in the state that will convict the man. We consider killing criminals to be a public service.
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The guy in Texas is fucked.
He's not fucked because he felt threatened by the two burglars so he shot them. If that was the extent of it, he could, quite possibly, beat any charges.
The problem is that he can be heard tellinig the 911 operator "I'm going to kill them", and he did exactly that. When he said that, he wasn't being threatened in the least.
Yet he proclaimed a clear intention to kill them.
Any rookie prosecutor, needing one more conviction to get a raise or a promotion, will be salivating to prosecute this one.
It's a clear case of premeditation, and one which I think a jury would have a hard time being able to acquit...