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This may be something that I should know but I'm unclear about how the whole process works. I'm hoping there's an LEO or someone who has been through this that can answer this question.

Scenario: I awake to a BG coming through my living room window. The BG makes it all the way inside the house and with the BG in my sights, I tell him to stop and he responds by raising what looks like a weapon in my direction (it's dark so I don't know if it's a weapon or not). I shoot and kill the BG.

As far as I know, the police come and take my gun and my statement. Obviously I was well within my rights to shoot the BG, but will I be charged with anything until I can go to court or will I even go to court?

Eddie A. wrote:This may be something that I should know but I'm unclear about how the whole process works. I'm hoping there's an LEO or someone who has been through this that can answer this question.

Scenario: I awake to a BG coming through my living room window. The BG makes it all the way inside the house and with the BG in my sights, I tell him to stop and he responds by raising what looks like a weapon in my direction (it's dark so I don't know if it's a weapon or not). I shoot and kill the BG.

As far as I know, the police come and take my gun and my statement. Obviously I was well within my rights to shoot the BG, but will I be charged with anything until I can go to court or will I even go to court?

There is no "right" in Texas to kill another. The penal code allows a "defense to prosecution" under certain conditions for using deadly force.

A defense to prosecution is not a defense FROM prosecution. In your scenario, it will depend on if the police believe it was reasonable that you believed the BG was using or attempting to use deadly force against you.

Even if it appears to be a 100% justifiable shoot, your case (homicide) will be referred to the grand jury.

do a search here on "defense to prosecution". Others and I have explained/discussed that term in detail here several times. Hopefully that'll clear it up some.

Thank You. I'll be sure to look up those other posts.

As the saying goes: "I'd rather be tried by 12 than carried by 6"

Keith

Right on brotha. Now don't get me wrong, I don't WANT to shoot anyone but I will in defense of my life and property, that's why I got my CHL.

Eddie A. wrote:As far as I know, the police come and take my gun and my statement.

When it comes to making a statement . . . anything you say may be used against you. With an imaginative DA, it may be twisted, it may be taken out of context, it may be used in ways you can't imagine. (And that includes the tape of your 911 call.)

As one of my CHL instructors put it, "Don't let your alligator mouth get your hummingbird backside in trouble."

Zero_G wrote:As the saying goes: "I'd rather be tried by 12 than carried by 6"

Keith

How about only using deadly force as a means of last resort, and then only to save a life? Then avoid both the 12 and the 6.

Say as little as possible. State the basics: "guy came through the window, I told him to go away, he raised what looked to me like a weapon, and I had to stop him." Give your name, dl, gun when they ask. (Have it holstered and out of sight when they get there.)

Be "too upset" to talk about anything more. Vomit. Call a lawyer.

The scenario you posted should be an easy-off, but you never know. And I've been advised by several wise people not to turn a justifiable shooting into a jail sentence by talking.

How about calling your attorney when you get off the phone with the 911 operator? Once the police get their say "Thanks for getting here so fast, and I'm going to give you a statement but I'm really shook up right now. So instead of me jabbering I'm going to wait until my attorney is present to give the details, or make any statements." They will conduct their normal investigation and when your attorney arrives he will go over everything with you and then stand beside you while you make your statement. This is why it's important to have an attorney you can call anytime day or night and get to where you are FAST. You got the CHL and the firearm to protect your life, get a good defense lawyer to protect your rights.

gregthehand wrote:How about calling your attorney when you get off the phone with the 911 operator? Once the police get their say "Thanks for getting here so fast, and I'm going to give you a statement but I'm really shook up right now. So instead of me jabbering I'm going to wait until my attorney is present to give the details, or make any statements." They will conduct their normal investigation and when your attorney arrives he will go over everything with you and then stand beside you while you make your statement. This is why it's important to have an attorney you can call anytime day or night and get to where you are FAST. You got the CHL and the firearm to protect your life, get a good defense lawyer to protect your rights.

If you don't at least tell the police a basic explanation of what occurred, plan on going to jail. There is nothing wrong with telling the police that the person attacked you, and you WILL file charges.

I would not answer questions about specifics; like how many shots you fired, etc.

Eddie A. wrote:I shoot and kill the BG.

From what I remember from my class on Saturday should this sentence be reworded to say something to the effect of "I shot to stop the BG"

Wildscar, did you take your class at elk castle in fort worth? I was in that class and was actually thinking the same thing. And also going back over all the figures on what it actually costs to have a lawyer defend you. That kinda makes you take a whole other look at having to shoot someone.

XDandy wrote:Wildscar, did you take your class at elk castle in fort worth?

Nay I took it at a class that was offered in Terrell TX.

XDandy wrote: That kinda makes you take a whole other look at having to shoot someone.

That it does. Let's all hope that we never have to go thought that part of having a CHL.

txinvestigator wrote:

Zero_G wrote:As the saying goes: "I'd rather be tried by 12 than carried by 6"

Keith

How about only using deadly force as a means of last resort, and then only to save a life? Then avoid both the 12 and the 6.

That of course would be ideal, however I don't trust our legal system enough to think they would pat you on the back and say "Well done, Citizen!" My realist nature tells me to expect to go to court, regardless of how justified the use of deadly force may have been.

Keith

Charles Cotton does a lecture on use of deadly force and its aftermath. It is well worth attending, even if you have to drive to the Houston area. Here's what I took away from it:

911: State the nature of the emergency.
Citizen: A man tried to kill me and I shot to stop him. Send an ambulance and the police.

You can read all the stories, mostly in the Never Again section. If you are ever in one of these situations, you might not be arrested or charged; or you could be found guilty of criminal homicide. It's a very risky business.

- Jim