TX: Pair shot while breaking into vehicles

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RoyGBiv
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Re: TX: Pair shot while breaking into vehicles

#2

Post by RoyGBiv » Wed Aug 15, 2018 8:14 am

Paywall. :roll:
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Paladin
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Re: TX: Pair shot while breaking into vehicles

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Post by Paladin » Wed Aug 15, 2018 8:33 am

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RoyGBiv
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Re: TX: Pair shot while breaking into vehicles

#4

Post by RoyGBiv » Wed Aug 15, 2018 9:35 am

Gracias!

No mention yet about the shooter...
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Re: TX: Pair shot while breaking into vehicles

#5

Post by OneGun » Wed Aug 15, 2018 9:49 am

Man is in custody now.
The man reportedly sped away from the scene in a truck but crashed into another vehicle a few blocks away at Preston Road and Beverly Drive.

Officers from Dallas, Highland Park, University Park and Southern Methodist University responded to the help and a perimeter was set up to search for the man, who ran away from the crash, Koppa said.

An off-duty officer working at Highland Park Village found the man shortly after in the 4200 block of Livingston Avenue, he said.
As I understand TX law, you can shoot a burglar if the crime is occuring at night, but not during the day. Right?
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Re: TX: Pair shot while breaking into vehicles

#6

Post by Jusme » Wed Aug 15, 2018 9:55 am

OneGun wrote:
Wed Aug 15, 2018 9:49 am
Man is in custody now.
The man reportedly sped away from the scene in a truck but crashed into another vehicle a few blocks away at Preston Road and Beverly Drive.

Officers from Dallas, Highland Park, University Park and Southern Methodist University responded to the help and a perimeter was set up to search for the man, who ran away from the crash, Koppa said.

An off-duty officer working at Highland Park Village found the man shortly after in the 4200 block of Livingston Avenue, he said.
As I understand TX law, you can shoot a burglar if the crime is occuring at night, but not during the day. Right?
That may be why they haven't found the shooter, but there may be other extenuating circumstances, like he/she was not supposed to have a gun. It says, it occurred, at about 8 pm, but I don't know if that is considered nighttime or not since it is still light. Either way, perhaps, the experience will sway this pair of misfits to seek other employment. JMHO
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Re: TX: Pair shot while breaking into vehicles

#7

Post by RoyGBiv » Wed Aug 15, 2018 9:58 am

OneGun wrote:
Wed Aug 15, 2018 9:49 am
Man is in custody now.
The man reportedly sped away from the scene in a truck but crashed into another vehicle a few blocks away at Preston Road and Beverly Drive.

Officers from Dallas, Highland Park, University Park and Southern Methodist University responded to the help and a perimeter was set up to search for the man, who ran away from the crash, Koppa said.

An off-duty officer working at Highland Park Village found the man shortly after in the 4200 block of Livingston Avenue, he said.
As I understand TX law, you can shoot a burglar if the crime is occuring at night, but not during the day. Right?
I am not a lawyer. This is my opinion, not legal advice.

My understanding regarding TX PC 9.42 is that "burglary" is always justification for use of deadly force.
"Theft" is justification only during the nighttime.

"Burglary" and "Theft" are not the same thing.

https://www.lawserver.com/law/state/tex ... _code_9-42
(emphasis mine)
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; 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.
Burglary of a motor vehicle, TX PC
https://www.lawserver.com/law/state/tex ... code_30-04

Burglary, broadly. TX PC
https://statutes.capitol.texas.gov/Docs ... /PE.30.htm

Theft... see 31.03
https://statutes.capitol.texas.gov/Docs ... /PE.31.htm
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Re: TX: Pair shot while breaking into vehicles

#8

Post by oljames3 » Wed Aug 15, 2018 10:59 am

Jusme wrote:
Wed Aug 15, 2018 9:55 am
OneGun wrote:
Wed Aug 15, 2018 9:49 am
Man is in custody now.
The man reportedly sped away from the scene in a truck but crashed into another vehicle a few blocks away at Preston Road and Beverly Drive.

Officers from Dallas, Highland Park, University Park and Southern Methodist University responded to the help and a perimeter was set up to search for the man, who ran away from the crash, Koppa said.

An off-duty officer working at Highland Park Village found the man shortly after in the 4200 block of Livingston Avenue, he said.
As I understand TX law, you can shoot a burglar if the crime is occuring at night, but not during the day. Right?
That may be why they haven't found the shooter, but there may be other extenuating circumstances, like he/she was not supposed to have a gun. It says, it occurred, at about 8 pm, but I don't know if that is considered nighttime or not since it is still light. Either way, perhaps, the experience will sway this pair of misfits to seek other employment. JMHO
Texas Transportation Code defines "nighttime" in section 541.401
(5) "Nighttime" means the period beginning one-half hour after sunset and ending one-half hour before sunrise.
https://statutes.capitol.texas.gov/Docs ... ONCODE.pdf
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RoyGBiv
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Re: TX: Pair shot while breaking into vehicles

#9

Post by RoyGBiv » Wed Aug 15, 2018 11:22 am

Jusme wrote:
Wed Aug 15, 2018 9:55 am
OneGun wrote:
Wed Aug 15, 2018 9:49 am
Man is in custody now.
The man reportedly sped away from the scene in a truck but crashed into another vehicle a few blocks away at Preston Road and Beverly Drive.

Officers from Dallas, Highland Park, University Park and Southern Methodist University responded to the help and a perimeter was set up to search for the man, who ran away from the crash, Koppa said.

An off-duty officer working at Highland Park Village found the man shortly after in the 4200 block of Livingston Avenue, he said.
As I understand TX law, you can shoot a burglar if the crime is occuring at night, but not during the day. Right?
That may be why they haven't found the shooter, but there may be other extenuating circumstances, like he/she was not supposed to have a gun. It says, it occurred, at about 8 pm, but I don't know if that is considered nighttime or not since it is still light. Either way, perhaps, the experience will sway this pair of misfits to seek other employment. JMHO
Nighttime applies to "Theft".
I believe that B&E of a motor vehicle is "Burglary"
See my post above.
I am not a lawyer. This is NOT legal advice.!
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Re: TX: Pair shot while breaking into vehicles

#10

Post by flechero » Wed Aug 15, 2018 1:17 pm

theft, burglary, time of day questions, issues... All I know is that Karma is applied 24 hours a day. ;-)

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Re: TX: Pair shot while breaking into vehicles

#11

Post by Keith B » Wed Aug 15, 2018 2:16 pm

Problem is burglary of a motor vehicle is only a misdemeanor and does not necessarily justify use of deadly force to stop it. May need some extenuating circumstances to get justification.
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Re: TX: Pair shot while breaking into vehicles

#12

Post by Allons » Wed Aug 15, 2018 4:36 pm

flechero wrote:
Wed Aug 15, 2018 1:17 pm
theft, burglary, time of day questions, issues... All I know is that Karma is applied 24 hours a day. ;-)
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Re: TX: Pair shot while breaking into vehicles

#13

Post by bblhd672 » Wed Aug 15, 2018 5:25 pm

Wonder how high of a priority DPD has on locating the shooter? I’d assign it a 2 on a scale of 1-10, with 10 the highest priority.

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