East Texans Weigh In On Proposed Self Defense Bill

[Paladin]

http://www.kltv.com/Global/story.asp?S=5542578

"10/15/06-Longview
East Texans Weigh In On Proposed Self Defense Bill

Some East Texans are supporting a proposed bill from a state legislator that would give more rights to individuals defending their life and property against attackers. The proposed bill is authored by a Republican state senator from San Antonio.

"The victim is clearly not the intruder the lawbreaker. It's the homeowner. This is just common sense that's what this bill is about," senator Jeff Wentworth told KLTV 7 News.

Wentworth's proposed bill would give the right to use deadly force, without having to suffer the repercussions of a lawsuit from the intruder or intruder's family.

For some like Mickie Clotz, who's had her Longview home burglarized several times, the bill makes perfect sense. "Why should we live in fear that if we're protecting our family or property that they, who are in the wrong for being where they don't belong, have the right to sue us," says Clotz.

A recent case in point is the Parade of Homes shooting, where a homeowner fatally shot a teenage intruder. A grand jury did not return an indictment.

Some say the laws already on the books are enough. "We now have in the penal code, eight separate sections dealing with defense of persons, third parties, property... This bill seems to me to be somewhat overkill or a flash point bill that's probably not necessary," said Longview attorney Ken Walker.

"We've always had a law on the books that allows people to basically protect themselves, their property, someone else. Should it be passed, I just hope it doesn't become one of those bills that's widely abused," said Longview Police Department Sergeant Shaun Pendleton.

"I don't think if it were you or I if we're in our home and it's being broken into by a lawbreaker we should have to decide whether that person is armed or the gun is loaded," Wentworth said.

But some worry that this bill goes too far. "Someone could contrive 'I have the right to stand my ground', and use deadly force when I see fit," Walker said.

The proposed bill has not become law. Wentworth will submit his bill in November, and it could go before legislators in the spring session of 2007.

Bob Hallmark, Reporting. bhallmark@kltv.com"

[stevie_d_64]

But some worry that this bill goes too far. "Someone could contrive 'I have the right to stand my ground', and use deadly force when I see fit," Walker said.

What a putz...

[KinnyLee]

But some worry that this bill goes too far. "Someone could contrive 'I have the right to stand my ground', and use deadly force when I see fit," Walker said.

The way I see it is if you are not breaking into someone's house in the middle of the night, or at someone's home uninvited then you have nothing to worry about.

Then again, I can see how people can abuse this by having someone they don't like in their home and then kill them claiming them breaking into your home.

[carlson1]

You should have seen the interview of the Longview Police Chief. It was a disgrace to Law Enforcement.

[stevie_d_64]

Then again, I can see how people can abuse this by having someone they don't like in their home and then kill them claiming them breaking into your home.

Thats an interesting premise, but a little bit of a stretch in my book...This is a respectful dissagreement...

I don't see that senario to be a reason not to implement a "stand your ground" expansion clause to the law(s) we have on the books now...

Anyone who premeditates an excuse to do something like what you are theorizing, I do not believe would be smart enough to exploit this portion of the law to mask their original intent...

We still cool muh man??? Cause I'm not coming over to your house anytime soon!

[seamusTX]

Scenario: Joe Blow kills his brother-in-law, his wife's boyfriend, drinking buddy, or someone who owes him money, then claims self defense. It happens all the time. It almost never works.

The only case I'm aware of this strategy succeeding is Robert Durst, and he had a million-dollar defense team.

- Jim

[JKDubb]

I would imagine that there should be a clause that states if the person is commiting a crime and you kill him\her the family cannot sue you in civil court. I would like to see that on the books!

[cyphur]

Having someone on your property before the arguement occurs is different than shooting an intruder - I think in most cases it only takes a halfwit to see the difference.

Sure there will be abuses, but there are always abuses of things. To vote against it for that reason is like voting SUVs off the road because of the possiblity that in an accident they will kill more people than a sedan. Its false logic.

[KBCraig]

I would imagine that there should be a clause that states if the person is commiting a crime and you kill him\her the family cannot sue you in civil court. I would like to see that on the books!

There's that old "innocent until proven guilty in a court of law" thing. You can't prosecute a dead person. So, no matter what he was doing that justified your use of deadly force, he remains innocent in the eyes of the law.

I prefer the "can't sue unless the shooter is convicted" approach better.

Kevin

[dihappy]

Im sure someone will have a darn hard time proving innocence if they shoot their brother in law or wifes boyfriend (especially if the wife is on the prosecutions team :)).

However, if there is forcible entry i dont think you will have a darn thing to worry about. Even if it is your brother in law breaking in.

[seamusTX]

However, if there is forcible entry i dont think you will have a darn thing to worry about. Even if it is your brother in law breaking in.

That happens all the time, too. In those situations, it's usually clear that the homeowner is defending himself.

It's very helpful to call 911 and let them get the shouts of "I'm going to kill you" on tape.

- Jim

[Skipper5]

But some worry that this bill goes too far. "Someone could contrive 'I have the right to stand my ground', and use deadly force when I see fit," Walker said.

The way I see it is if you are not breaking into someone's house in the middle of the night, or at someone's home uninvited then you have nothing to worry about.

Then again, I can see how people can abuse this by having someone they don't like in their home and then kill them claiming them breaking into your home.

+++1 Agree definitely.

[KinnyLee]

Thats an interesting premise, but a little bit of a stretch in my book...This is a respectful dissagreement...

I don't see that senario to be a reason not to implement a "stand your ground" expansion clause to the law(s) we have on the books now...

Anyone who premeditates an excuse to do something like what you are theorizing, I do not believe would be smart enough to exploit this portion of the law to mask their original intent...

We still cool muh man??? Cause I'm not coming over to your house anytime soon!

lol. I don't think I'm evil enough to do that. And don't worry. This is why we are in a forum. To debate on things like this in a civil manner.

[Venus Pax]

I'm not one to shoot anyone out of cruelty, and I gather that many here are of the same grain.
If I shoot someone, it is because I believe that I'm in danger or that a close relative/close friend is in danger.
I'm much more concerned about what civil court would do to me than criminal court.
I would like a law passed that would protect a person like many of us here.

[stevie_d_64]

Thats an interesting premise, but a little bit of a stretch in my book...This is a respectful dissagreement...

I don't see that senario to be a reason not to implement a "stand your ground" expansion clause to the law(s) we have on the books now...

Anyone who premeditates an excuse to do something like what you are theorizing, I do not believe would be smart enough to exploit this portion of the law to mask their original intent...

We still cool muh man??? Cause I'm not coming over to your house anytime soon!

lol. I don't think I'm evil enough to do that. And don't worry. This is why we are in a forum. To debate on things like this in a civil manner.

I still ain't coming over!!!