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I believe this assessment, with a caveat, is correct, but, I am not a lawyer. Just my opinion.Jusme wrote: Tue Jun 04, 2019 3:24 pm IANAL, but livestock should be treated, as any other property. Since, if someone is trying to kill it, and dead livestock can't be recovered, I would think deadly force would be justified. They use to hang rustlers, so I doubt any prosecutor would try to bring charges.
https://statutes.capitol.texas.gov/SOTW ... m/PE.9.htm
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
This isn't the first time this guy has had issues, someone doesn't like him.K.Mooneyham wrote: Tue Jun 04, 2019 2:48 pm Can someone tell me if it is LEGAL (I don't mean would you) shoot to protect livestock from being killed by a human being? I read a story about someone gut-shooting several miniature donkies in Mississippi, and I wasn't sure how Texas law covers that. Seems pretty heinous to kill animals that way, much less the destruction of someone's property.
RoyGBiv wrote: Tue Jun 04, 2019 5:24 pmI believe this assessment, with a caveat, is correct, but, I am not a lawyer. Just my opinion.Jusme wrote: Tue Jun 04, 2019 3:24 pm IANAL, but livestock should be treated, as any other property. Since, if someone is trying to kill it, and dead livestock can't be recovered, I would think deadly force would be justified. They use to hang rustlers, so I doubt any prosecutor would try to bring charges.
The caveat is whether killing livestock is considered criminal mischief (deadly force only justified during the nighttime) or agg robbery. ??
Looking at PC 42.092, Cruelty to Livestock, I don't believe this PC applies to the question asked.
https://statutes.capitol.texas.gov/SOTW ... m/PE.9.htm
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
That guy might be the biggest jerk in the world, but still, gut-shooting animals like that, well that bothers me quite a bit. I don't personally own livestock, but since I live in a rural area I wondered if it was justifiable/defense-to-prosecution to use deadly force to protect livestock, called out specifically in the PC.cheezit wrote: Tue Jun 04, 2019 6:08 pmThis isn't the first time this guy has had issues, someone doesn't like him.K.Mooneyham wrote: Tue Jun 04, 2019 2:48 pm Can someone tell me if it is LEGAL (I don't mean would you) shoot to protect livestock from being killed by a human being? I read a story about someone gut-shooting several miniature donkies in Mississippi, and I wasn't sure how Texas law covers that. Seems pretty heinous to kill animals that way, much less the destruction of someone's property.
Bull was not killed. Scraped up a bit. Good 5 wire fence ruined. Surprisingly, not much done to the scum neighbor.crazy2medic wrote: Thu Jun 06, 2019 3:16 pm I would think the afore mentioned bull owner owes somebody a new bull!