so i got shot at...a (long/true) story from the 903...LTC thoughts...

[S-3 Ranch]

I had a guy with Alzheimer’s disease that forgot his kids were selling parts of the ranch , he showed up with a old 4inch .38special demanding me to comply , when I asked him to please stop pointing the gun at me, he told me to shut up and then fired a round into the ground next to my leg, prompting me to take off running to my work truck using it as a shield.
he shot four more rounds and was trying to reload when me and his wife got the gun away from him and threw it in the brush, the court found him incompetent and deferred him to a institution
scarey as heck

[Man]

What is the difference between that and attempted murder? Asking not telling.

[S-3 Ranch]

What is the difference between that and attempted murder? Asking not telling.

Attempted murder requires a grand jury investigation, deadly conduct doesn’t

[hooligan]

as my grandpa used to tell me all you have to do is make sure there is only one side of the story to tell

[Boyd1212]

Had a neighbor a few years back that did almost the same thing. He was a real pos.

[tvc184]

Attempted murder requires a grand jury investigation, deadly conduct doesn’t

Both require a grand jury indictment of she fired the shot.

[glen]

I have no idea why the charge of Agg Assault was not filed and then I can see taking a plea of Deadly Conduct. I would have been all over the DA in this case and I would call directly and demand to know the case. We “the People” need to hold our prosecuting attorneys accountable and demand better

[tvc184]

I have a couple of opinions.

She can’t turn herself in without a warrant. Maybe she volunteered to give a statement.

Self defense under Texas law doesn’t require a person to prove self defense. It requires the state to prove beyond a reasonable doubt that the incident was not self defense if any evidence is allowed in trial (including testimony) that might tend to show self defense was possible. So in a case like this, if the OP was charged in a crime, he would not have to prove that the woman threatened him, shot at him, etc. The state would have to prove that she didn’t threaten him, shoot at him, etc.

No matter what the law says, I would not want my fate in the hands of a jury. In my county and in most counties in my opinion, this case would never get to the point of an arrest of the person that claimed self-defense. This is especially true if the police spoke with her and she admitted the incident, Case closed!!

However…. I still wouldn’t want my fate in the hands……

[tvc184]

I have no idea why the charge of Agg Assault was not filed and then I can see taking a plea of Deadly Conduct. I would have been all over the DA in this case and I would call directly and demand to know the case. We “the People” need to hold our prosecuting attorneys accountable and demand better

Agreed. Aggravated Assault would be the correct charge but then pleaded down to Deadly Conduct.

We know that DAs can do what they want however…..

[tvc184]

Oh yeah, from the OP’s story title, an LTC has no real bearing.

[Drycreek3189]

It was probably the best possible outcome. Nobody got hurt, and both parties probably learned a lesson, although the lessons differed. My biggest takeaway is, always be armed ‘cause crap can come at you when you least expect it. Any **** fool can hurt you even when you’ve done nothing wrong.

When I was a kid, I was shot at on two occasions, once when I was walking next to the woods in the edge of a pasture. I only saw the guy after he shot and pellets rained down on me from 100 yards or so. He had to have seen me as I was in the open and he hauled azz after he shot. He was tresspassing on our place. The other time was when three of us were about to go swimming in the neighbors’ pond. Evidently we were not welcome ! Those .22 bullets hitting the dam persuaded me to go straight through that blackberry patch instead of around it. The shortest distance between two points is still, and will forever be, a straight line, scratches, bleeding legs notwithstanding !

[jshouse]

Oh yeah, from the OP’s story title, an LTC has no real bearing.

i just mentioned LTC for those that have one to think about what they may have done, or not done, in the situation. from what i was told, she arrived at the jail to turn herself in and when they couldnt find the warrant she sat in the lobby until the warrant was signed and then she was "arrested."

i was contacted by the DA 4 months after the incident and when he told me what the report said, i told him what i had been doing for a living for the last 16 years and gave him the full story. to say he was frustrated was an understatement. just a lot of basic info not included, including body cam footage, supplement from the 2nd officer who actually heard the admission, etc. the report the DA had was extremely short from what he said.

[myway]

It sounds like a 903 and prayer hands neck tattoo are definitely in order.
All kidding aside I am glad you’re good and that the boys were not there just from a mental perspective much less there safety.

East texas hunting is always an adventure.

[Aggiehunter08]

Glad you didn’t die. Emotional nutty woman. The only thing I’ll own in East Texas is subsurface!

[RustyArmadillo]

So where's the rest? It just got interesting!