Jewelery store robbed.... owner arrested?? - Page 2

JimmyC4 · November 1st, 2009, 12:13 PM

I just wish he hadn't missed...

Sportsterguy · November 1st, 2009, 01:04 PM

Quote:

Originally Posted by JimmyC4

I just wish he hadn't missed...

+1. He probably wouldn't have been arrested.

64zebra · November 1st, 2009, 01:56 PM

I'm sure there will be other details to come out of this.
Not enough info to see exactly.

+1 on not missing

dukalmighty · November 1st, 2009, 02:00 PM

I think that even in Tx on your own property or even being robbed/carjacked if you shoot and your rounds strike other peoples homes,businesses or cars then there is reckless endangernment involved,how much you want to bet the store owner bought a gun,and if he had a chl probably shot enough to pass the test and hasn't seen a gun range since

TX-JB · November 1st, 2009, 02:27 PM

Quote:

Originally Posted by Condition1

Deadly conduct is defined in Texas statues as:
Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

Now, statues regarding Deadly force state:
PC 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.

This one is simple. The store owner didn't have the right to use deadly force, by statute. The offense committed was theft, not robbery. If the story is correct, the man asked to look at the ring, then grabbed it out of his hand and ran...this is theft. For it to meet the definition of robbery, the suspect would have to, at least, threaten bodily injury. Since his actions were not covered by 9.42, he committed the offense of Deadly Conduct.

gottabkiddin · November 1st, 2009, 03:15 PM

Quote:

Originally Posted by Free American

Most likely he was arrested for the bullets sent downrange into the mall. Had he HIT the BG he would probably have been OK.

+1, thats got my vote. Sure sounds like it could be the reason to me.

sgb · November 1st, 2009, 03:32 PM

Shooting at an unarmed individual running away from you will get you arrested every time in every State.

TX-JB · November 1st, 2009, 03:41 PM

Quote:

Originally Posted by Free American

Most likely he was arrested for the bullets sent downrange into the mall.

Yup, that's what got him charged with deadly conduct...

Quote:

Had he HIT the BG he would probably have been OK.

No. If he had hit him, he would have been charged with aggravated assault.

AZ Desertrat · November 1st, 2009, 03:42 PM

A lot of states have the rule about "fleeing suspects.".....you can shoot when face to face....but if the BG takes off, you can not pursue.

Grant48 · November 1st, 2009, 03:59 PM

Quote:

Originally Posted by TX-JB

The store owner didn't have the right to use deadly force, by statute. The offense committed was theft, not robbery.

Agreed, it's pretty clear that the business owner broke the law. The responding officers followed the law as written, and were just doing their job.

However, I sympathize with the guy. It's an unfortunate situation, considering that he would have been totally within the law if the offense had happened a couple hours later, "theft during the nighttime".

November 1st, 2009, 12:13 PM	#11
JimmyC4 Distinguished Member Join Date: Apr 2006 Location: Minnesnowta Posts: 1,865	I just wish he hadn't missed... __________________ "It's a big gun when I carry it, it is also a big gun when I take it out” – Clint Smith

November 1st, 2009, 01:56 PM	#13
64zebra VIP Member Join Date: May 2006 Location: Panhandle of Texas Posts: 4,569	I'm sure there will be other details to come out of this. Not enough info to see exactly. +1 on not missing __________________ LEO & CHL Independence is declared; it must be maintained. Sam Houston-3/2/1836 HK45 G30\|21\|26\|17 KT P11 Moss500 Ithaca37 Savage20ga\|15A .22\|'99 25-35 AK47 AR15 Win3030 MN44 Rem 66\|870 GMBH67.22 If loose gun laws are good for criminals, why do criminals support gun control?

November 1st, 2009, 02:00 PM	#14
dukalmighty VIP Member Join Date: Feb 2008 Location: texas Posts: 6,386	I think that even in Tx on your own property or even being robbed/carjacked if you shoot and your rounds strike other peoples homes,businesses or cars then there is reckless endangernment involved,how much you want to bet the store owner bought a gun,and if he had a chl probably shot enough to pass the test and hasn't seen a gun range since __________________ I like Poetry,Long Walks On The Beach,And Poking Dead Things With A Stick

November 1st, 2009, 03:32 PM	#17
sgb Member Join Date: Jan 2006 Location: Tallahassee Florida Posts: 93	Shooting at an unarmed individual running away from you will get you arrested every time in every State. __________________ *"The 1911 was the design given by God to us through John M. Browning that represents the epitome of what a killing tool needs to be. It was true in 1911 and is true now."*—Colonel Robert J. Coates, USMC

November 1st, 2009, 03:42 PM	#19
AZ Desertrat Member Join Date: Jun 2008 Location: Tolleson, AZ Posts: 287	A lot of states have the rule about "fleeing suspects.".....you can shoot when face to face....but if the BG takes off, you can not pursue. __________________ "Never advance cheerfully on your late opponent without reloading. You may have used your last round, and he may not be properly dead and still spiteful." Major Hugh Pollard, 1920 Glock 19, 20. FNP9, Taurus 85UL, Beretta 92 S&W M29, 60, 66, 686, 10, 36, 40, 42, 64, Ruger Single Six

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