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Old March 4th, 2008, 05:48 PM   #21
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Quote:
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Indefensible shooting, IMHO.

The "assailant" was outside the residence, and was making no attempt to enter.

I hope the grand jury indicts.

Matt
Same here. I believe it makes us all look bad.

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Old March 4th, 2008, 07:30 PM   #22
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I like how 15 and 16 year olds have "Innocent curiosity". These are not toddlers. These are the kind of kids that trick your little girl into getting drunk so they can rape her. These are the kind of kids that come to school and shoot a bunch of people. They are not children, though they may be minors. Worst case the poor old guy that shot at them should get a slap on the wrist. He didn't kill anybody. There was no mention of a GSW in the article - could have been broken glass for all I can tell. That said, they were on his property after climbing his fence and were snooping around in the dark. Under Texas law he should not get charged with anything IMO. The mother that got hit by the drunk driver could have called an ambulance...

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Old March 4th, 2008, 10:36 PM   #23
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Just reading the printed story, the castle doctrine law isn't really in question here. There have been laws on the books in Texas for years, that would have allowed the homeowner to use deadly force, without relying on the protection of the castle doctrine. There is no need for the BG to be inside your home in order to use deadly force in Texas, there never has been. If you feel threatened, there is no requirement, that the BG be inside with you. Remember, theft and criminal mischief at night time, are legal justifications to use deadly force, in Texas.

I was raised here and was taught that if you go sneaking around someone's home or property at night, you are fair game and could get shot. Most folks teach their kids the same thing, it's called respect for others. This is especially true in rural areas, where LEO's are few and far between.

It is an unfortunate situation all around, but the media here keeps looking for a reason to get the castle doctrine tested, because they are anti's. That's why there is no real mention of the drunk driver. Texas has some of the most lax DUI laws around, and it's a shame.
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Old March 4th, 2008, 11:25 PM   #24
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Just reading the printed story, the castle doctrine law isn't really in question here. There have been laws on the books in Texas for years, that would have allowed the homeowner to use deadly force, without relying on the protection of the castle doctrine. There is no need for the BG to be inside your home in order to use deadly force in Texas, there never has been. If you feel threatened, there is no requirement, that the BG be inside with you. Remember, theft and criminal mischief at night time, are legal justifications to use deadly force, in Texas.

I was raised here and was taught that if you go sneaking around someone's home or property at night, you are fair game and could get shot. Most folks teach their kids the same thing, it's called respect for others. This is especially true in rural areas, where LEO's are few and far between.

It is an unfortunate situation all around, but the media here keeps looking for a reason to get the castle doctrine tested, because they are anti's. That's why there is no real mention of the drunk driver. Texas has some of the most lax DUI laws around, and it's a shame.
In Indiana you don't go walking by someones window either! I'm not saying I would shoot, but I was not there. I know in rural areas, farmers sometimes shoot if they think someone is stealing.
It's a hard call to make, wait til they are inside is asking for trouble, shooting while they are outside is asking for trouble also.
The thing is the law should look at it this way: who set things into motion? The old couple? Inside their home, not bothering anyone? The kids who decided to trespass on someone else's property in the middle of the nite? Walking by the window? I would think the the kids are at fault. They set things into motion
If you pull out in front of someone because you thought that you had enough time and get t-boned, the police will see if the oncoming car was traveling at a high rate of speed or not. If they were, they are at fault, because if they were traveling at the posted speed limit the accident would most likely would not have happened. This is what a State Tropper told me.
If you see a dark figure or figures lurking out side you window at nite, your older, in a rural area where police aren't minutes away, but maybe a bit longer, wouldn't you be scared? Even fear for your life? I don't know how most people are raised, but I was told very young that if you trespass, you could be shot.
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Old March 4th, 2008, 11:55 PM   #25
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Quote:
Originally Posted by MattLarson View Post
Indefensible shooting, IMHO.

The "assailant" was outside the residence, and was making no attempt to enter.

I hope the grand jury indicts.

Matt
?

It's not too smart to be hanging around (within 2-3 feet) of an open window of someone else's house at 1030 p.m. , especially in Texas.

With home invasions happening everynight in every state these days I can understand the fear a couple would have been feeling thinking that someone was fixing to crawl onto their house.

You will not find me sneaking onto someone's property and walking up to their open window at night.

I wouldn't even think about doing it in Texas.

It's a sad thing about the lady. I'll lay 2-1 odds Agustin Renteria is an illegal alien.
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Old March 5th, 2008, 05:25 PM   #26
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how big are these 15 y.o.s?

I know more than a few who are over 6 feet tall

how big is the house?

how far inside the house are they?

within 21 feet?

would an old man have the appropriate reaction time if they started coming through the window as he supposed they would?

tragic

they should learn to walk on the public sidewalk and not climb over someone's fence to trespass

wasn't there just an incident in Crawford Texas - and a lot of people on CNN site thought that the old lady should put up a fence to keep people out...

this old couple had a fence - should have been the kids first clue...

(I vote the DD was illegal immigrant too)
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Old March 5th, 2008, 06:37 PM   #27
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It pains me to say it, but it would be the highly exceptional young person (these days) that would give a completely honest account of his actions in a situation like this. My gut tells me that the kids' story as published contains but a fraction of the truth. But - my mind remains open.
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Old March 5th, 2008, 06:59 PM   #28
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I'd be interested in hearing what charges, if any get filed? Home owner fired a weapon at individual sneaking around his home. How was he to know it was 2 teenagers, would it be an issue if it had been someone 30 years old? We've all read the reports of teens, and even younger commiting armed robberies and murders. Just this last weekend in TX a 16 year old girl helped murder her mother, 2 brothers and nearly her father. Yes, one of the boys mother died in a tragic traffic accident. Is it the shooters fault? NO. Her death was caused by a drunk driver.
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Old March 5th, 2008, 07:35 PM   #29
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The drunk driver should go to prison. The old man should walk. The kids should stay the hell off of other peoples property, day or night. Don't mess with Texas.
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Old March 6th, 2008, 10:06 PM   #30
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The drunk driver should go to prison. The old man should walk. The kids should stay the hell off of other peoples property, day or night. Don't mess with Texas.
+1. The kids admitted to jumping a fence! HELLO! Wake up call number 1. They also crossed actually on HIS PORCH,purseposefully being quiet. If the elderly man had actually waited until they were in the house,they could have overpowered him in the commotion,armed or not,... He was outnumbered, outmuscled,and already had a couple people directly outside his window sneaking around. Wake up. At 15 years old, its not hard to know better than not to sneak around folks houses at night. I'm actually impressed by the ederly gentleman being so observant and prepared.

AS far as the mother--Well that really sucks. May she R.I.P. I feel for the father, his son shot,and wife killed in the same night. One could argure for hours about how her sons shooting caused her death, or how her number was up and either way she would have died that night. I don't care to argure about 'fate' or anything else. Chances are that drunkdriver would have caused another accident,and potentially killed person/people.

Aboslutly NO excuse for drunk driving. Ever. Period. I'm not proud to say I've been so drunk I cant SIT straight,much less stand,and had car keys in my pocket and wanted to get something to eat,...But I still knew better than drive. I've been drunk with keys on my person standing next to my car,and still knew better than attempt to drive anywhere.
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