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Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Thu May 13, 2010 9:22 am
by MechAg94
Charles L. Cotton wrote:I don't know if the couple parked on the homeowner's property or not. The available reports are not at all clear on that issue. If they did park on his property, then the homeowner may be able to beat the charge either under a claim of self-defense or pursuant to TPC §9.04 Threats as Force. If he does, he will have spent a lot of money to be victorious. If the car was on an easement or otherwise not on the homeowner's property, then his chances of winning are slim. Either way, I bet he wishes he could do this all over again.
This case is a great example why I end every CHL class with the same admonition -- "Be responsible, not merely legal." As a trial lawyer, I promise you you don't want your attorney to have to explain to a jury why you walked up to an alleged trespasser, ordered them off your property, then pulled a gun on them when they tried to explain why they were there. Add this to the mix - the woman had just lost her brother in a fiery plane crash. Some will argue that this is irrelevant, but I beg to differ. I've won a lot of cases by what I was able to put into the hearts of jurors. And don't think for one second jurors don't ignore the instructions and definitions contained court's "charge." If a jury decides you are a jerk, they're going to find a way to let you know how they feel.
Chas.
I tend to agree. He should have simply told them he would have their vehicle towed if they left it there. The article also said it was adjacent to the driveway so it might have been in his yard or just in the road shoulder.
Did the article say how long after the plane crash that this press conference took place?
The article was short on details. I tend to sympathize with the home owner, but if it really was just as simple as it appears, he is going to have some trouble.
Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Thu May 13, 2010 9:35 am
by seamusTX
Did the article say how long after the plane crash that this press conference took place?
One day.
I can't help being preachy for a minute. Last week, I went out on my back porch and saw a vehicle parked across the apron of my garage. Apparently my garage is invisible, because people do this all the time. I walked to where I could see the vehicle clearly. A man was sitting in the driver seat fiddling with some papers. I waved at him. He saw me and waved back, then left.
That's all it took.
- Jim
Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Thu May 13, 2010 10:34 am
by MechAg94
I should be easy, I agree. What was curious about was how many other cars or news vans were parked in the area and had anyone else tried to park in his driveway.
Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Thu May 13, 2010 10:43 am
by seamusTX
What was curious about was how many other cars or news vans were parked in the area and had anyone else tried to park in his driveway.
I don't know.
I would bet lunch that there were government officials and media people parking all over with no regard for privacy or private property rights, as has already been said. They always do. It's very irritating, but it probably is not a justification for
- "Get off my lawn"
- Image1.jpg (5.12 KiB) Viewed 1589 times
- Jim
Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Mon May 17, 2010 3:39 pm
by ericlw
people used to park infront of my garage at my apt complex. one night this lady was parked in the way when i got home from riding my motorcycle so i simply got off and started walking towards her door.As i was wearing my helmet, my padded jacket and gloves with these big knuckle proctectors on them.oh yea and i weigh about 350.it didnt take her took long to move it.lol
I also grew up in friendswood. I would highly recommend not screwing with anyone that lived in that neighborhood where the plane crashed. most of those houses are expensive and they have lots of money. since they have their own private airstrip in the middle of the neighborhood you can guess that....im not surprised someone pulled a gun either.
Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Tue May 18, 2010 3:05 pm
by LarryH
ericlw wrote:I also grew up in friendswood. I would highly recommend not screwing with anyone that lived in that neighborhood where the plane crashed. most of those houses are expensive and they have lots of money. since they have their own private airstrip in the middle of the neighborhood you can guess that....im not surprised someone pulled a gun either.
The plane crash site is a good half mile (or more) from Polly Ranch (airport). The Wilderness Trail neighborhood does not include Polly Ranch.
Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Tue Jul 06, 2010 6:46 am
by seamusTX
The man was no-billed "for medical reasons":
A Galveston County grand jury declined to accept charges against a 75-year-old man police accused of pulling a gun on relatives of a pilot who died after his plane crashed.
[The defendant’s] case on June 22 went before a grand jury, which declined to charge the man with aggravated assault with a firearm for medical reasons, Ted Weems, misdemeanor division chief with the Galveston County District Attorney’s Office, said.
[The defendant] said he has Alzheimer’s disease. A doctor submitted a letter to the grand jury detailing [the defendant’s] condition, he said.
http://www.galvnews.com/story/161022" onclick="window.open(this.href);return false;
- Jim
Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Tue Jul 06, 2010 11:31 am
by Charles L. Cotton
Thanks for the update Jim. Grand Jury proceedings are secret; I wonder why so much information was made available to the press? Disclosing medical information to the press without a HIPAA release? Interesting . . .
Chas.
Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Tue Jul 06, 2010 11:38 am
by seamusTX
I think anything that is introduced into evidence stands a good chance of becoming public, even if it's not supposed to.
Alzheimer's disease is a terrible thing and not a joking matter at all, but now this man's neighbors know that he is not playing with a full deck.
- Jim
Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Tue Jul 06, 2010 11:51 am
by Charles L. Cotton
seamusTX wrote:I think anything that is introduced into evidence stands a good chance of becoming public, even if it's not supposed to.
Alzheimer's disease is a terrible thing and not a joking matter at all, but now this man's neighbors know that he is not playing with a full deck.
- Jim
Grand Jury proceedings are secret, so I question both disclosure of a medical condition and the reason for the GJ returning a "no bill." It's not a big deal really, just interesting.
Chas.
Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Tue Jul 06, 2010 2:38 pm
by threoh8
This may just have been an "out" both sides were willing to take.
Re: Friendswood: Man arrested for pulling gun on trespassers
Posted: Tue Jul 06, 2010 3:14 pm
by LarryH
Don't want to get into a "reasonable restrictions" debate, but I'm wondering if someone with "Old-Timer's" should have access to deadly weapons.
Discussions about removing guns from the residence of elderly relatives who are no longer in possession of their faculties have occurred here in the past.
Both comments on the linked article say much the same, but more emphatically.