Originally posted by Limbwalker
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Arlington police chief is spineless
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Last edited by txwhitetail; 08-13-2015, 01:38 PM.
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Originally posted by curtintex View PostMost likely because of a "protected class" infraction. I employee over 400 people, have a HR department dedicated to just this and dealt with it as recently as this morning. We don't always win the "unemployment claim" hearings, but we certainly do the vast majority of them, because we do them right.
The times I've been subpoenaed did not involve a protected class at all. The majority of the time it is a IBEW guys filing a grievance for wrongful termination but I've also been involved in more than one case that was one of our nonunion employees filing wrongful termination.
Luckily I document everything to the T and the cases went our way but you can bet the lawyers tried everything in the book to find us in the wrong.
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and
(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.
That's an "AND" folks, not an "or." Makes a big difference.
I'd love to hear anyone explain how any property that kid could have taken could not be protected or recovered by any other means or anything other than deadly force would expose the person or another to death or serious injury. I doubt they could. Why? Because it's a CAR LOT.
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Originally posted by Limbwalker View PostI still wonder if anyone is paying attention to what comes after "AND."
That's an "AND" folks, not an "or." Makes a big difference.
I'd love to hear anyone explain how any property that kid could have taken could not be protected or recovered by any other means or anything other than deadly force would expose the person or another to death or serious injury. I doubt they could. Why? Because it's a CAR LOT.
He wasn't shot for vandalizing cars at the lot.
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Originally posted by Limbwalker View PostI still wonder if anyone is paying attention to what comes after "AND."
That's an "AND" folks, not an "or." Makes a big difference.
I'd love to hear anyone explain how any property that kid could have taken could not be protected or recovered by any other means or anything other than deadly force would expose the person or another to death or serious injury. I doubt they could. Why? Because it's a CAR LOT.
Honestly, do you think this was a case of Chapter 9 defense of property?
Actually the "and" or "or" in this case makes no difference at all.
This case had absolutely nothing to do with property, period. Again, what the original stop was for is almost meaning less. It could have been for a traffic citation.
The only thing that matters is the officer is claiming that he had a reasonable fear of his life. At that point the property has nothing to do with case. A grand jury will look at the facts as they are known and make a determination if that claimed fear was reasonable. If a guy is threatening an officer's life, does it matter if the original detention was because of jaywalking or property damage?
Here is an analogy. You go to a garage sale and look at a used hunting bow. You go talk to the person putting on the garage sale and for some reason he snaps, goes crazy and starts attacking you with a knife. In defense you shoot and kill him. Should the headlines be, "Man Shoots Homeowner Over Archery Equipment"? The answer is clearly "no". The bow had nothing to do with it. For some reason a guy went bonkers and attacked you and you had to defend yourself. What you were discussing beforehand has nothing to do with it.
Apparently you do not believe the officer is entitled to such equal treatment.
I have no clue what happened other than the videos of the kid acting like he was drug crazed. Maybe the officer was justified and maybe he wasn't.
You insistence on bringing up property crimes means that you have no idea why the officer fired shots or you know and are simply trying to divert attention to a straw man argument. I don't think anyone will argue that the officer had the authority or any reasonableness to shoot the kid due to property damage as listed under Chapter 9. That is ludicrous.
Maybe you have some inside information that you would like to share on what really happened the few seconds before shots were fired that would lead us to believe the officer was justified or is not, should be charged with murder. I have seen no such information but if you could enlighten us, I would appreciate it.
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Originally posted by tvc184 View PostHonestly, do you think this was a case of Chapter 9 defense of property?
Actually the "and" or "or" in this case makes no difference at all.
This case had absolutely nothing to do with property, period. Again, what the original stop was for is almost meaning less. It could have been for a traffic citation.
The only thing that matters is the officer is claiming that he had a reasonable fear of his life. At that point the property has nothing to do with case. A grand jury will look at the facts as they are known and make a determination if that claimed fear was reasonable. If a guy is threatening an officer's life, does it matter if the original detention was because of jaywalking or property damage?
Here is an analogy. You go to a garage sale and look at a used hunting bow. You go talk to the person putting on the garage sale and for some reason he snaps, goes crazy and starts attacking you with a knife. In defense you shoot and kill him. Should the headlines be, "Man Shoots Homeowner Over Archery Equipment"? The answer is clearly "no". The bow had nothing to do with it. For some reason a guy went bonkers and attacked you and you had to defend yourself. What you were discussing beforehand has nothing to do with it.
Apparently you do not believe the officer is entitled to such equal treatment.
I have no clue what happened other than the videos of the kid acting like he was drug crazed. Maybe the officer was justified and maybe he wasn't.
You insistence on bringing up property crimes means that you have no idea why the officer fired shots or you know and are simply trying to divert attention to a straw man argument. I don't think anyone will argue that the officer had the authority or any reasonableness to shoot the kid due to property damage as listed under Chapter 9. That is ludicrous.
Maybe you have some inside information that you would like to share on what really happened the few seconds before shots were fired that would lead us to believe the officer was justified or is not, should be charged with murder. I have seen no such information but if you could enlighten us, I would appreciate it.
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This case had absolutely nothing to do with property, periodLast edited by Limbwalker; 08-14-2015, 09:47 PM.
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Originally posted by Limbwalker View PostJust responding to the one who posted that code and "rested his case." Don't let that distract you. I'm not the one that brought the property clause into the discussion.
Why didn't you respond to them when they posted that? Hmm?
Why don't you just start a new thread about Texas State Law, and Property Rights. Let this one be about the Arlington Chief.Last edited by Ironman; 08-14-2015, 09:50 PM.
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Honestly, do you think this was a case of Chapter 9 defense of property?
And somehow I'm now "transparent" because of this.
GS Logic at it's best.
I'm out on this one guys.
If you want to use the property clause, then go ahead. If you don't, then don't. But make up your mind.
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