Wednesday, June 30, 2021

Texas, amirite?

Dwight emails news from the Lone Star State:

Deputies with the Harris County Sheriff’s Office say a homeowner shot a man suspected of peeping and inappropriately touching himself outside of his 10-year-old daughter’s window.


“She looks over at the window and this guy is at her window,” the girl’s mother, who does not want to be identified, told KPRC 2. “I can’t say that he tried to take my daughter’s innocence away -- he took my daughter’s innocence away.”

This mother heard her daughter scream and she and her husband rushed out of the house with guns to confront the man. They are both licensed handgun carriers.


The couple followed the man to the Valero gas station across the street. As the 10-year-old’s father went inside to tell the clerk to call 911, his wife stayed outside with the suspect.

“He is wrestling with me, with my gun, and I’m like, ‘I’m not going to let you get my gun, you are not going to kill me or shoot me,’” she said. “My husband just said he heard a ‘ca, ca,’ but by that time the guy had already grabbed me, got my gun and pulled it on myself.”

That is when the woman said her husband shot the man. 

Now IANAL, and think that justice was served here, even if it was rough justice.  Actually rough justice might be exactly what this sort of situation calls for.  But Miguel questions whether this is a deadly force situation.  It seems to me (remember IANAL) that the parents escalated the situation that resulted in gunfire.  Like Miguel, I hope that no charges will be brought.

But everyone should remember that a CCW permit is not a Justice League membership card.


Old NFO said...

Good point, but if she was attacked without provocation, that's a different kettle of fish.

Lawrence Person said...

If a guy's whacking off in front of your 10-year old daughter, this falls into he No Jury In The World category.

Though I'm sure a Soros DA would still indict...

Aesop said...

"homicide n. - There are four types of homicide: felonious, accidental, justifiable, and praiseworthy." - Ambrose Bierce, The Devil's Dictionary

This would be Type IV. The local civic fathers should award commendations to the couple for civic contribution, and marksmanship, and the local sheriff ought to replace the ammunition expended from his own supplies, as a gesture of thanks.

Richard said...

What made it a deadly force situation was the disarm of the wife. They didn't shoot the guy for being a pervert but were attempting to summon the police.

JaimeInTexas said...

Concealed carry license not at issue here. No registration nor license required in Texas. Come Sept 1st Texas is Constitutional Carry.
Of course, the law describes prohibited persons that cannot possess a firearm.
If the couple are not prohibited persons then there are no firearm possession/ownership issues.
Why was the wife the one to remain with the perp?

Gerry said...

I believe the the grand jury will say no foul committed.
The civil case maybe a bit messier.


Pigpen51 said...

This is a tough hill to take your stand on. The man and woman can argue that they were following the peeping Tom to be able to contact the police and make a complaint. And when the perv took the woman's gun, the father was justified in shooting the now armed perv. But putting this all together the prosecutor could make a case that if the mother and father had not followed the peeping Tom, but instead let the police handle it, there would never have been the confrontation and they would not have placed the perv in the position of grabbing the gun, causing him to be shot. I suppose it all depends on the prosecutor and his or her background and interpretation of the law. Myself, I would not bring any charges, but I would certainly read the husband and wife the riot act, over chasing a criminal, with guns in hand, for any reason.
The point made of not being a justice league card is a very good point, and everyone should heed it. Civilians are not the police, and need to be able to defend themselves not only on the street, but also in court afterwards, if needed. Don't forget the man who saved a bunch of lives a few weeks ago, only to get shot by the police immediately afterwards, because he had a gun in the wrong place, at the wrong time. We have to be cautious, and ready for all possibilities, if we choose to involve ourselves in action during criminal activity. I am not saying not to do it, just to be aware of the chance of injury or even death.