Update on road rage shooting in Houston.

Update on road rage shooting in Houston.

This is a discussion on Update on road rage shooting in Houston. within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; The grand jury decided to True Bill her. I want to reserve judgement until more facts come out, but my knee jerk reaction is if ...

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Thread: Update on road rage shooting in Houston.

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    Member Array TexasTerri's Avatar
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    Arrow Update on road rage shooting in Houston.

    The grand jury decided to True Bill her. I want to reserve judgement until more facts come out, but my knee jerk reaction is if someone is beating their fists on my car window, they mean me immediate harm.

    Woman indicted with murder in road rage shooting case - Houston weather, traffic, news | FOX 26 | MyFoxHouston


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    On the surface this looks like self-defense, but with so little information available in the printed story, who knows . It will be interesting to see how this plays out.
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    Not making judgement as I do not know what happened. But.....When people are confronted while sitting in their car,why don't they simply drive away?? Not saying this is this case but alot of people think a CCW means.."I don't have to take any s**t anymore"

    And a lot of times self defense goes out the window if the situation could of been escaped. I think car vs pedestrian she could have escaped.
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    Why couldn't she just drive away! I think I too will wait for more information.

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    I don't know, but if they never broke the window or opened the door, it would be hard to claim self defense to shoot the guy. You are in a locked, safe zone at that point. Once that is breached, all bets are off!! I can understand someone getting rattled from a guy beating on your window, but to me, not very smart to start shooting at that point. But as you said, need all the facts first.
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    A search of Johnathan Ables Houston reveals a fair amount of conflicting evidence and testimony.
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    It wasn't a car v. pedestrian. It was a fender bender. He rear ended her, she pulled into the gas station, he attacked her vehicle. That's the short story. The original story was posted here but I didn't know how to link them together. Perhaps I need a Mod to help with that.

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    Quote Originally Posted by TexasTerri View Post
    It wasn't a car v. pedestrian. It was a fender bender. He rear ended her, she pulled into the gas station, he attacked her vehicle. That's the short story.
    No, that is one story. A quick internet search reveals others.
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    That was the short version of the original story. Sorry I didn't say that. Even if events transpired as originally reported, I personally would not shoot so long as he did not make entry, and then I would like to think I would have sense enough to step on the gas and get away. Of course I say that in the comfort of my home while having a gloriously delicious cup of coffee on this cool morning. In reality I may be so scared I pee my pants. This is why I go to the range and take situational classes. I'm a great shot on paper...but the real BG's aren't paper and tend to shoot back.

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    I won't make a call on TX law and trials about someone attempting to enter a vehicle, but this is what FL says on that aspect:

    (4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

    The easy answer is to drive away.
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    Distinguished Member Array Exacto's Avatar
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    Well, that will be up to Texas but fear alone is not justification to use deadly force. If she was locked in her car with the windows up, and he scared her by yelling and beating on the window and trying to open the door, that is not self defense under the law and should be charged.
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    Isn't it all about "fearing for one's life"? Isn't fear for one's life what drives the sense of self protection? The issue comes with what a "reasonable person" would believe was justifiable fear.
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    Quote Originally Posted by Exacto View Post
    Well, that will be up to Texas but fear alone is not justification to use deadly force. If she was locked in her car with the windows up, and he scared her by yelling and beating on the window and trying to open the door, that is not self defense under the law and should be charged.

    Ah, no. Note my bold below

    Texas law:

    Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
    (1) if the actor would be justified in using force against the other under Section 9.31; and
    (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
    (A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
    (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
    (b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
    (1) knew or had reason to believe that the person against whom the deadly force was used:
    (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
    Beating on windows is using force to attempt to break and enter - that is a reasonable inference; lifting a locked (or unlocked) door handle is using force to enter a car...

    Driving away is one option. Drawing down is another. Shooting to neutralize and stop the threat is a third option so long as the prerequisites above happen and shes not instigating at that moment, has a right to be where she was, wasn't committing a crime.

    Now, I agree about driving away as one smart tactical option. I am very interested on the case details.
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    Contradicting Self Defense evidence is not given in the article.

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    Much of the time we can't get all the evidence in a case in the courtroom before the jury that has to decide someone's fate. Facts are suppressed, ruled in admissible, etc. It should be no surprise that the media, who is fed the facts or lack thereof, rarely does the investigative homework to present both sides of any case. Unless someone is high profile, it's left up to the lawyers/courts and the media reports their slant on the end result.

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