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Sometimes there's a fine line between fleeing the scene and abandoning the encounter.

tomtexan wrote:

AJHutton wrote: Also, for you knowledgeable types here, barstoolguru has mentioned that the family ought to retain an attorney, presumably in a wrongful death lawsuit. If the grand jury does not file charges, doesn't a CHL status provide a pretty strong defense against such a suit? Assuming the grand jury finds in the CHL's favor, won't such a wrongful death lawsuit be dismissed as soon as the CHL-holder's attorney files that motion?

I think this comes into play if one is no billed.

CPRC § 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.

I agree, and contrary to what most of the news reports would have you believe, the fact that she has a CHL is irrelevant in this case. I did hear one of the reporters mention that, but most of them have always made sure to mention that she has a CHL.

bizarrenormality wrote:Sometimes there's a fine line between fleeing the scene and abandoning the encounter.

Not when the one leaving is the one calling and talking to the 911 operator.

But sometimes.

I Have had mutable run in's with 911 and the law and if you think being the first to call 911 is a plus think again. The law is the law and if this guy had a voice there like she did; she would have got arrested but because she had a mouth piece there confusing the police she got an away with a trip to jail. She escaped the jail for now but the wheels of justice turn slow in cases like this

In reading this thread Im afraid I have just wasted about 30 minutes of my life and more brain cells then I can afford.

Or as Patrick Stewart would dramatically say, " I've lost the will to live"

barstoolguru wrote:Yes a carry and yes I have a CHL and yes, I have learned to stand down not because I am scared after all I have a gun but because simple words "I am sorry" will do so much more than all the ammo in the world in situations like this. If one of them would have said it then everyone would have went about their business and none of this would have ever happened

When was she suppose to say sorry? After he had gained entry into her vehicle? If it were your sister/daughter/mother in the vehicle with a random man pounding on their window would you feel the same way? What if instead of a car window/door it was the door/window to their home?

From some of your responses, I'm starting to believe your location is correct.

KingofChaos wrote:

barstoolguru wrote:Yes a carry and yes I have a CHL and yes, I have learned to stand down not because I am scared after all I have a gun but because simple words "I am sorry" will do so much more than all the ammo in the world in situations like this. If one of them would have said it then everyone would have went about their business and none of this would have ever happened

When was she suppose to say sorry? After he had gained entry into her vehicle? If it were your sister/daughter/mother in the vehicle with a random man pounding on their window would you feel the same way? What if instead of a car window/door it was the door/window to their home?

From some of your responses, I'm starting to believe your location is correct.

Maybe when she cut him off, squeezed in front of him when she thought the things she had to do was more important than his!

barstoolguru wrote: Maybe when she cut him off, squeezed in front of him when she thought the things she had to do was more important than his!

You didn't answer my second question. Actually, my third question.

You're saying that she could have taken the hypothetical action of gesturing to express that she was sorry, and thereby avoiding this entire situation. I understand and completely agree with this.

Others are saying that the man could have taken the hypothetical action of not approaching the car in a threatening manner, and thereby avoiding this entire situation. I understand and completely agree with this too.

Both of these are viable options, and would have resulted in no one being hurt. What I don't understand is why you choose to lay the blame solely at her feet when, when the gentleman could have also made a decision to alter the course of events. Both individuals had opportunities to end this before he got shot, so why should she be more accountable for her decision making, or lack thereof, than him? I assume your response is going to be because she could have made the decision chronologically before him. However, this is an arbitrary distinction which can be carried to absurdity. If the man had left 5 minutes earlier the situation is likely to not have happened. If he hadn't have agreed to meet his friend bob at the bowling alley, it could have not happened. If bob hadn't asked him to go to the bowling alley, it wouldn't have happened. If his mother and father hadn't had a child, it wouldn't have happen. Are his parents more responsible than the woman who shot him because they had a decision they could have made chronologically before her? Of course not, everything I just wrote is silly, and your line of reasoning is of the same vein. We should be making conclusions based on what DID happen, and what did happen is quite clear. She pulled into a gas station after a non-verbal road rage incident. He followed(which could be read as CHASED) her into that gas station, and then attempted to gain entry into her vehicle. His behaviour was predatory. She defended herself from a predator. Them cutting each other off in traffic is irrelevant to his predatory actions. They don't justify them in the least. Any police officer or lawyer would tell you that.

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I feel so dirty...I should never have joined this discussion.

Anygunanywhere

Not taking a stance either way. I simply don't know enough. But I've got a couple of questions.
Was her lawyer and pastor there at the scene? If so, how did they get there so fast?

barstoolguru wrote:I Have had mutable run in's with 911 and the law and if you think being the first to call 911 is a plus think again....

If you mute your calls with 911, it probably doesn't help to be the first to call.

"Mutable" or not, they hear better if you don't use the mute...

Others are saying that the man could have taken the hypothetical action of not approaching the car in a threatening manner, and thereby avoiding this entire situation. I understand and completely agree with this too.

I 'm not saying he wasn't wrong, what I am saying is she was a will participant in criminal activity and there for she should not /can't claim self-defense. You can't get someone all juiced up and expect them to just shut down because you had enough. She chose to be involved by her own admission

35 years of driving a truck I have seen this type of behavior before. it is very common when someone wants to "get even" so no I have no sympathy for her.