I don't remember exactly, but I think this case was a routine referral to a Grand Jury, as is ALL deadly force cases in which a person dies.seamusTX wrote:Not explicitly.
There was an exceptional case. In 1996, a gentleman named Gordon Hale defended himself against an assault, and the Dallas district attorney attempted to prosecute him. The grand jury declined to issue an indictment. This was the first attempt to prosecute a CHL holder for defending himself, to my knowledge.
The NRA-ILA will try to get the Texas law amended in the next legislative session.
- Jim
Search found 2 matches
- Wed May 24, 2006 11:01 am
- Forum: Goals for 2007
- Topic: castle doctrine
- Replies: 10
- Views: 10101
Re: castle doctrine
- Wed May 24, 2006 10:59 am
- Forum: Goals for 2007
- Topic: castle doctrine
- Replies: 10
- Views: 10101
Re: castle doctrine
You forgot part;seamusTX wrote:Not explicitly.
This is part of the relevant law:However, district attorneys rarely prosecute people for failing to retreat, especially in cases of home invasion.
- PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:
...
(2) if a reasonable person in the actor's situation would not have
retreated; and ...
There was an exceptional case. In 1996, a gentleman named Gordon Hale defended himself against an assault, and the Dallas district attorney attempted to prosecute him. The grand jury declined to issue an indictment. This was the first attempt to prosecute a CHL holder for defending himself, to my knowledge.
The NRA-ILA will try to get the Texas law amended in the next legislative session.
- Jim
9.32
(b) The requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
habitation of the actor.