Another shooting in South east Houston Building

[lildave40]

http://www.click2houston.com/news/1-per ... ess-office

[Pariah3j]

Not sure how NRG Stadium is South-East side of Houston... But sounds like it was a good shoot to me given the lack of details. Someone forcefully entering somewhere has demonstrated a level of intent that I believe rises to the level believing they intend to do harm to you or others.

[Charles L. Cotton]

(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly force was used:

• (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

[lildave40]

Not sure how NRG Stadium is South-East side of Houston... But sounds like it was a good shoot to me given the lack of details. Someone forcefully entering somewhere has demonstrated a level of intent that I believe rises to the level believing they intend to do harm to you or others.

I agree but it being a health center I hope it was not posted.

[Keith B]

Not sure how NRG Stadium is South-East side of Houston... But sounds like it was a good shoot to me given the lack of details. Someone forcefully entering somewhere has demonstrated a level of intent that I believe rises to the level believing they intend to do harm to you or others.

I agree but it being a health center I hope it was not posted.

Not a health center, but a health insurance company. Texas3006.com doesn't have the address listed, but that doesn't mean it isn't posted in some manner.

Apparently this is a multi-tenant building as it shows suite 200 as the office for the State Attorney General. Not knowing what suite was involved, no telling what company/business this was.

[Keith B]

Looked at the article and it says 5th floor. Looking at the address and suites numbered 5xx, I found a lawyer, a vision center and a medical company of some sorts. Sure there are others, so until they give a suite number or business name we won't know.

[allisji]

"He got upset, hollering and beating the windows. He kicked it in and he fell through it," witness Ralph Osborne said.

He said the employees started rushing into the back rooms.

It sounds to me that the shooter wasn't the only person fearing for his life.

If Mr. Osborne was willing to try to talk to this man, then he was probably the only one. I would guess that with all of the yelling and banging on the doors and windows that anyone with a gun would have been on the ready.

[ELB]

Looked at the article and it says 5th floor. Looking at the address and suites numbered 5xx, I found a lawyer, a vision center and a medical company of some sorts. Sure there are others, so until they give a suite number or business name we won't know.

From the article (updated at 3:56 pm):
"Texas Department of Assistive and Rehabilitative Services office on the fifth floor "

If is a state office, then licensed carry should be legal.

[Keith B]

News article has been updated. This is in the update:

According to police, a man, who witnesses said appeared to be mentally ill, showed up at the Texas Department of Assistive and Rehabilitative Services office on the fifth floor of the building in the 2600 block of the 610 South Loop near NRG Stadium.

and

Police said the owner of the business next door, pulled out a gun and shot the man to death.

[ELB]

(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly force was used:

• (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

"Police said the owner of the business next door, pulled out a gun and shot the man to death."

I think the entry was definitely unlawful and with force, and the place of business was occupied, but it apparently wasn't the actor's place of business --- unless they share the door. Nevertheless, somebody unhinged enough and strong enough to break through one of those doors certainly sounds dangerous.

[Keith B]

(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly force was used:

• (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;

"Police said the owner of the business next door, pulled out a gun and shot the man to death."

I think the entry was definitely unlawful and with force, and the place of business was occupied, but it apparently wasn't the actor's place of business --- unless they share the door. Nevertheless, somebody unhinged enough and strong enough to break through one of those doors certainly sounds dangerous.

Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified in using force or deadly force against another to protect a third person if:
(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

[ELB]

...
Sec. 9.33. DEFENSE OF THIRD PERSON. .

That's what I was getting at, indirectly...

[puma guy]

When I read the part about the business owner being LTC my first thought was it made no difference since he was inside his business. My interpretation is that he could put a handgun in a brief case or bag to enter the building and office and have it at the ready as long as it wasn't on his person if the building was posted 30.06. . Of course if it is not posted he could carry concealed. Am I off base in that assumption?

[Bryanmc]

Police said the owner of Texas Department of Assistive and Rehabilitative Services, who pulled the trigger, is being question.

As usual, in the rush to get a story out the media publishes inaccuracies. I'm pretty sure that the Texas Department of Assistive and Rehabilitative Services is not owned by an individual, it's a State agency. The shooter owned the business next door (whatever that is). Looks like a good shoot though, he obviously forced his way in and it "appears" there was likely some interaction before the shot was fired.

[CleverNickname]

When I read the part about the business owner being LTC my first thought was it made no difference since he was inside his business. My interpretation is that he could put a handgun in a brief case or bag to enter the building and office and have it at the ready as long as it wasn't on his person if the building was posted 30.06. . Of course if it is not posted he could carry concealed. Am I off base in that assumption?

30.06 makes no distinction between on-body and off-body carry.