This is a discussion on CHL Man kills attempted carjacker in NE Houston within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Originally Posted by Trumpetchuck I think the shooter is in trouble...he instigated the confrontation and his life was not in jeopardy. Doesn't look good. He ...
IANAL, but if I were...
Franklin had been seen to commit several crimes. Police were called, but had not responded. Franklin's actions escalated to carjacking. Carjacking is a felony against which deadly force is justified.
The case law to cite is Tennessee v. Garner, 471 U.S. 1 (1985), which outlines the criteria under which lethal force is justified in apprehending a fleeing felon. The fact that Franklin was continuing to commit crimes of escalating danger to innocents and that other means of apprehension were not immediately obvious means the shooter was justified in attempting to apprehend Franklin. This started with an attempt to grapple Franklin and, when that proved unsuccessful, elevated to a justified use of deadly force.
Thank you ladies and gentlemen of the jury.
“What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia
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The shooter will have no problems with a TX grand jury.
Here in OK the prosecutor is not required to take a righteous shooting case to the grand jury. Our prosecutor has declined to take three righteous shooting cases to the grand jury within the past two years.