BAD: Corpus Christi store owner arrested after killing robber

BAD: Corpus Christi store owner arrested after killing robber

This is a discussion on BAD: Corpus Christi store owner arrested after killing robber within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Corpus Christi convenience store owner arrested after killing robber | abc13.com The owner of a South Texas convenience store has been arrested for murder after ...

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Thread: BAD: Corpus Christi store owner arrested after killing robber

  1. #1
    VIP Member Array BenGoodLuck's Avatar
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    BAD: Corpus Christi store owner arrested after killing robber

    Corpus Christi convenience store owner arrested after killing robber | abc13.com

    The owner of a South Texas convenience store has been arrested for murder after shooting a man attempting to steal beer from his shop.

    Not many facts here, but I thought Texas allows the use of deadly force to prevent theft:

    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.
    Ben

    Cogito, ergo armatum sum. I think, therefore I am armed. (Don Mann, The Modern Day Gunslinger; the ultimate handgun training manual)



  2. #2
    VIP Member Array StormRhydr's Avatar
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    Im sorry, but if this store owner shot a guy for shop lifting beer, I cant support that.

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    From the story the only thing in danger was a 6 pack of beer, that's not worth someone's life.
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    A real man loves his wife, and places his family as the most important thing in life. Nothing has brought me more peace and content in life than simply being a good husband and father.

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    Distinguished Member Array Dan060's Avatar
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    He shot and killed a man over stealing beer?Wow

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    Quote Originally Posted by BenGoodLuck View Post
    Corpus Christi convenience store owner arrested after killing robber | abc13.com

    The owner of a South Texas convenience store has been arrested for murder after shooting a man attempting to steal beer from his shop.

    Not many facts here, but I thought Texas allows the use of deadly force to prevent theft:

    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.
    Your first bolding is understandable... However the and part also comes into play...



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    Rats!
    It could be worse!
    I suppose

  6. #6
    VIP Member Array BenGoodLuck's Avatar
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    According to this link (Store Owner Charged with Murder | Corpus Christi, TX | KZTV10.com |), "a known gang member walked into the store on Saturday night, grabbed a couple packs of beer and tried to walk out without paying." So the store owner might well have been in fear for his life if he used any other means to stop the thief, and the theft occurred at night.
    phreddy and PaulRevered like this.
    Ben

    Cogito, ergo armatum sum. I think, therefore I am armed. (Don Mann, The Modern Day Gunslinger; the ultimate handgun training manual)


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    Distinguished Member Array BadgerJ's Avatar
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    Quote Originally Posted by Dan060 View Post
    He shot and killed a man over stealing beer?Wow
    A man stole beer knowing he was in Texas and risked being shot? Wow?

    But humor aside, we don't know the totality of the circumstances. What if a cop was in the store saw the guy walking out and said 'stop!'? Stealing $20 worth of groceries isn't a felony is it? But even so the cop would not be arrested, imo. (Of course there you have failing to obey a lawful order and so forth.)

    Was it day or night. Was the BG out in the parking lot? It's a thin line (feet and seconds) between carrying a 12 pack around in the store and going out the door.

    BUT, what would justify it? What if the BG said 'I'm armed, I'm taking this beer, don't try to follow me'. Then a prudent person, fearing a 'turn and shoot' might arm themselves.

    Hopefully there's a video cam and the store owner gets pleaded down to involuntary manslaughter or something.

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    Betcha that guy never steals beer (or anything else) again. Do you feel safe trying to stop a gang-banger?
    Retired USAF E-8. Lighten up and enjoy life because:
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    VIP Member Array BenGoodLuck's Avatar
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    Quote Originally Posted by OldVet View Post
    Betcha that guy never steals beer (or anything else) again. Do you feel safe trying to stop a gang-banger?
    You'd win the bet - the guy was DOA at the hospital.
    Ben

    Cogito, ergo armatum sum. I think, therefore I am armed. (Don Mann, The Modern Day Gunslinger; the ultimate handgun training manual)


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    VIP Member Array dukalmighty's Avatar
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    He may have been arrested,it don't mean he will be prosecuted,or convicted.The thief may have threatened him when confronted.
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    Gang bangers are like pit bulls. Better they are 6 feet under.
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    VIP Member Array suntzu's Avatar
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    All things being equal, would folks think it is OK to shoot someone if it was a Bible they were walking out of the store with instead of beer? Just curious.
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

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    Senior Member Array Freedom Doc's Avatar
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    Quote Originally Posted by suntzu View Post
    All things being equal, would folks think it is OK to shoot someone if it was a Bible they were walking out of the store with instead of beer? Just curious.
    Stealing a bible just seems really unlikely. But to answer your question, no.
    Anti-gunners seem to believe that if we just pass enough laws, we can have utopia. Unfortunately, utopia is NOT one of our choices.

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    Senior Member Array hayzor's Avatar
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    Quote Originally Posted by pgrass101 View Post
    From the story the only thing in danger was a 6 pack of beer, that's not worth someone's life.
    Something the shoplifter should have had in mind!!

    You can control your actions, but not the consequences.
    The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it. Albert Einstein

    "People in Arizona carry guns," said a Chandler police spokesman. "You better be careful about who you are picking on."

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    like oakchas said, the AND part is very important when interpreting the law. either way i do not support shooting a fleeing shop lifter over some beer.
    “Show me a young Conservative and I'll show you someone with no heart. Show me an old Liberal and I'll show you someone with no brains.” Winston Churchill

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