TexasCHLforum.com

portsider44 wrote:Wonder if Miles is second guessing his vote against the Castle doctrine??

txinvestigator wrote:Have I ever mentioned I hate the media?

lrb111 wrote:I see why he didn't vote for the "castle doctrine", 'twas 'cause he didn't understand it.

The BG had already thrown his weapon down, why did he shoot? [/sarc off]

Venus Pax wrote:"We have to put some laws into effect for the back-end -- the end users -- whoever is buying the copper. We'll do something to penalize the ones who are actually buying it," Miles told FOX 26 News.

He appears to completely miss the fact that a thug threw a knife at him & that he shot him. He's more concerned with his copper wiring than the fact that the BG's family could have sued for wrongful death had he died.

txinvestigator wrote:This case does not meet the requirement of 1st degree felony burglary. I don't even see ANY level or burglary, as they were OUTSIDE.

Texas State Lawmaker Opposing Deadly Force Bill Shoots Would-Be Thief
Monday, July 09, 2007

HOUSTON — A state lawmaker who opposed a bill giving Texans stronger right to defend themselves with deadly force pulled a gun and shot a man he says was trying to steal copper wiring from a construction site, police said Monday.

Rep. Borris Miles told police he was fixing a leak on the second floor of the Houston house he's building Sunday night when he heard a noise downstairs and saw two men trying to steal the copper. After Miles confronted the pair, one of the men threw a pocketknife at him, Houston Police spokesman Victor Senties.

Miles, a former law enforcement officer, shot the man in the left leg, police said. The wounded suspect was being treated at a Houston hospital. Police were trying to identify the other suspect.

Charges of aggravated robbery are pending against the wounded suspect, Senties said.

Police said Miles, who is in his freshman term, is licensed to carry a concealed weapon. No charges have been filed against Miles, Senties said.

Miles, a Democrat, voted against a bill that gives Texans stronger legal right to defend themselves with deadly force in their homes, vehicles, and workplaces. The so-called "castle doctrine," passed by the Legislature this year, states that a person has no duty to retreat from an intruder before using deadly force. The law goes into effect Sept. 1.

KD5NRH wrote:

txinvestigator wrote:This case does not meet the requirement of 1st degree felony burglary. I don't even see ANY level or burglary, as they were OUTSIDE.

No, but it does rise to the definition of aggravated robbery:

29.02. ROBBERY. (a) A person commits an offense if,
in the course of committing theft as defined in Chapter 31 and with
intent to obtain or maintain control of the property, he: ...
(2) intentionally or knowingly threatens or places
another in fear of imminent bodily injury or death...

29.03. AGGRAVATED ROBBERY. (a) A person commits an
offense if he commits robbery as defined in Section 29.02, and he: ...
(2) uses or exhibits a deadly weapon; or




[/b]