Originally posted by Ociun
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state code - use of deadly force
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You need to understand case law will predict how that statue is interpreted. Look up a old case of Garner vs Tennessee that limited LEO's from shooting at fleeing suspects. Not the same for civilians but I remember a Leo in San Antonio who was charged with aggravated assault with a deadly weapon after waiting on the roof of his home for repeat vandals. Maybe they did it cause he was an off duty Leo I don't know but use caution it's not all black & white as it reads.
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Originally posted by kyle1974 View Postwhy shouldn't everyone know this?
perhaps if local police investigators would stop telling people "we're over loaded". "we don't have the resources to track down auto thefts, and garage thefts", and then loosely claim it's actually the citizen's fault because they didn't do enough to keep someone from stealing their property I wouldn't be researching the exact code.
what makes it even better is when you find this photo on the lead investigator's facebook page. wonderful attitude. apparently using stolen credit cards and ID isn't "real crime".
serious note thats pretty stupid
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Originally posted by kyle1974 View Postmy truck got broken and I had left my wallet in my center console. I wake up that morning and ultimately find out several other neighbors cars were broken into as well. Several of them had their garage door openers stolen.
Within a couple hours, I went to the retailers that my credit card was used at, and actually watched the guy using my credit card on their video feeds (time stamps matched up). he was with one other guy and a girl. I went to a restaurant he ate at, and the owner knew exactly who I was asking about and found the receipt. She said he came in there all the time with an older lady and girl about his age.
two days later this guy I watched on video was arrested for breaking into a house, via a stolen garage door opener in a neighborhood a couple miles from my house. He had my drivers license in his wallet when he was arrested.
after all that..I get a letter from the PD today saying that " there are not enough solvability factors for your case to warrant a follow up investigator"
the guy has a "crew", and who knows how many garage door openers are in his crew's possession. There's been a bit of an epidemic out here lately with this, but my issue is that when there are obviously no consequences, hell. why not. maybe a bullet between the eyes will tamp down the crime for a while.
as far as the text of the language, it's not about a bird feeder being stolen, it's about not knowing a criminal's intent when he's in my truck or coming into my garage in the middle of the night and I happen to walk outside at the same time.
So the guy should be killed because he stole you wallet and charged some food at Waffle House and bought gas at Valero???
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Originally posted by texansfan View PostSo the guy should be killed because he stole you wallet and charged some food at Waffle House and bought gas at Valero???
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Theft is not a crime punishable by death, and I would think most Christians would look down on killing someone to protect "stuff". If I felt my life may be in danger, yes deadly force for sure. But, I have insurance to cover things that are stolen. Yes, it sucks (I just went through this), but I would not kill someone over it.
I believe the Bible mentions, if someone steals your cloak, give them also your tunic. It doesn't mention killing them over it.
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Originally posted by BoneDigger View PostTheft is not a crime punishable by death, and I would think most Christians would look down on killing someone to protect "stuff". If I felt my life may be in danger, yes deadly force for sure. But, I have insurance to cover things that are stolen. Yes, it sucks (I just went through this), but I would not kill someone over it.
I believe the Bible mentions, if someone steals your cloak, give them also your tunic. It doesn't mention killing them over it.
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Originally posted by Mudslinger View PostIf someone is in MY HOUSE stealing anything, I firmly believe that my life may be in danger along with my wife's and if able I will take my legal right and shoot him if possible. After all, I have no idea why he broke into my house and what he will do after or before he steals anything.
Theres too many scenarios to delve into everyone and every one is a bit different. If the guy is running away down the street with a stolen laptop that is insured, do you still have the legal right to shoot him? I'd say no. Of course it's not up to me, it's up to a jury of your peers.
Also remember, if the use of deadly force was justified, the shooter cannot be sued by the family. Or more correctly the shooter is immune from civil liability in the state of Texas.
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.
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Originally posted by BoneDigger View PostTheft is not a crime punishable by death, and I would think most Christians would look down on killing someone to protect "stuff". If I felt my life may be in danger, yes deadly force for sure. But, I have insurance to cover things that are stolen. Yes, it sucks (I just went through this), but I would not kill someone over it.
I believe the Bible mentions, if someone steals your cloak, give them also your tunic. It doesn't mention killing them over it.
Sent from my LG-US996 using TapatalkI ain't killing someone cause they stole my credit card.
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I'm curious if you've given the additional information to the agency, beyond reporting the break in? Solvability factors are used to determine if there are leads and followup needed from the details in the initial report. It helps to assign those cases that have leads and not those that don't, wasting valuable time. If you have, and it seems you do, additional information, you should contact the agency again and turn this over to them asap.
Oh, and a property crime isn't going to bump a more serious crimes down, so don't get frustrated with the speed of followup investigations.
I highly recommend that you do not take deadly force against a car burglar. Regardless of the law, you won't win since there are more prudent ways to "apprehend" the actor(s).
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