Wally world shopper fights armed robber in Texas

This is a discussion on Wally world shopper fights armed robber in Texas within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Originally Posted by Thumper It's hard to tell for sure but I think he looked perfectly able to defend himself. In my state, just saying ...

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Thread: Wally world shopper fights armed robber in Texas

  1. #16
    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by Thumper View Post
    It's hard to tell for sure but I think he looked perfectly able to defend himself. In my state, just saying you were in fear isn't enough. That fear has to be reasonable... and a fear any "common" person would have had.

    I did not see anything that would have justified the use of deadly force in that video and I am of course ruling out drawing down to scare the bad guy.

    That's just me!
    Wasn't it an armed robbery? In Texas, force, the threat of force and self-defense is justified to stop a robbery, and deadly force is then justified:

    (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

    (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

    I assume in that he got into a fight, he must not have been real concerned about getting shot. So I doubt he believed real strongly deadly force was necessary. However, I'd say he was justified to draw a gun, and had he just shot first, what jury would convict him for shooting an armed robber, assuming that was the case?

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  3. #17
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  4. #18
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    Quote Originally Posted by Thumper View Post
    At what point would he have been justified in using it?

    A deadly weapon is not I hope our first or only response!
    In Florida, deadly force may be used to prevent the imminent commission of a forceable felony.

    If this was, as the TV news talking head described it, a robbery, then one can make a case that Florida law permits the use of deadly force to repel it.

    That said, the criminal was not armed, and I suspect a face full of OC might have gotten the job done.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
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  5. #19
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    Quote Originally Posted by MattLarson View Post

    That said, the criminal was not armed, and I suspect a face full of OC might have gotten the job done.

    Matt
    I was thinking that as big of a pain it would be to have to start carrying OC, that certainly would have been a good tool in this event. The BG might not have gotten away either.
    ALWAYS carry! - NEVER tell!

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  6. #20
    Member Array funwitHK's Avatar
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    craziness, maybe a CCW would have helped his odds in the struggle...
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  7. #21
    VIP Member Array farronwolf's Avatar
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    Quote Originally Posted by Thumper View Post
    Armed? I must have missed that. I watched it again and heard the reporter say "armed" but I didn't see anything but fist flying. The video was pretty poor. Also this time I heard the Detective say "aggravated". A weapon present turns the whole thing around if there was one.

    I like Texas law and my daughter lives there... maybe I'll retire in Texas!
    We would be proud to have you down/over here Thumper.

    One other option Texas gives you is the ability to present a firearm in essence to de escalate the situation. No, some may not agree that it would have the effect but in this video, had the delivery guy pulled the gun and said, back off, to the would be robber, the fight would have ended quickly with the punk robber high tailing it back to his car and leaving IMO.

    Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
    Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  8. #22
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    Yeah, ya see here I'd better see a weapon and/or be able to articulate reasonable fear of life or severe bodily harm.

    I've had it drilled in to my head that if my weapon comes out, it's to fire it and no other reason.

    Man I like Texas laws!

    The thing is though... if I come to Texas, can y'all turn down that humidity just a bit?
    ALWAYS carry! - NEVER tell!

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  9. #23
    Ex Member Array JOHNSMITH's Avatar
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    Quote Originally Posted by jumpwing View Post
    The story also once again demonstrates that video is a worthless crime deterrent. I'm glad that we weren't watching a victim get killed or permanently injured. As far as deadly force is concerned, once an attacker gets you on the ground, you're only one excited footstomp away from being killed or turned into a vegetable. If you want to trust that your attacker has some sense of "honor" or "self control" and will break off his attack as soon as you're down... be my guest.
    Yup. I mean, "if you recognize the person in the video..." how many times have we heard that? I could barely make out anything except a gold or silver Ford Taurus as the perp's vehicle. Could I see faces? Nope. I coudln't see anything really identifying. Unless he was my buddy, in which case I wouldn't rat him out (since thieves have thieves for friends). It's nice for a court record, but it's hard to see anything identifying to actually catch the guy.

    Same with even grainier and choppier gas station footage. They're usually the worst.

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