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Don't mess up my chicken order ! Concealed Carrier Shoots Through Fast Food Drive-Thru Window Hitting Both Armed Robbers
He really likes his chicken !
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Always lots of maybe's in these cases. I read TX and that he took his time evaluating the situation while opening the drive thru window. Still seems the field of view might make shooting dangerous. Guess he had good concealment and maybe cover.
1) I suppose a cop would need to give a 'police drop the gun' before opening up.
2) He wasn't at risk so the DA/Law in TX must allow him to consider anyone is at risk.
3) Not fair surprising a bad guy like that. It is against the current rules of engagement.
4) Sounds like he was decent shot.
5) Report seems factual, not your typical hoplophobe propaganda.
Result seems OK but lefties would argue that we didn't know that anyone was in danger just pay your taxes and shutup.
1) I suppose a cop would need to give a 'police drop the gun' before opening up.
2) He wasn't at risk so the DA/Law in TX must allow him to consider anyone is at risk.
3) Not fair surprising a bad guy like that. It is against the current rules of engagement.
4) Sounds like he was decent shot.
5) Report seems factual, not your typical hoplophobe propaganda.
Result seems OK but lefties would argue that we didn't know that anyone was in danger just pay your taxes and shutup.
I've addressed these issues a few times here, and I'll try to do it, again. In Texas ANYONE has a legal right to make an arrest for a felony or a breach of the peace.
It can be found in:
Texas Code of Criminal Procedure Article 14.01--Offense within View
(a) A peace officer OR ANY OTHER PESON, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.
Now, in Chapter 9 of the Texas Penal Code you'll find all the statutes which give an individual a legal right tp use deadly force and under which circumstances. Now, understand, there is no public duty or a necessity on the part of anyone to step-in and protect anyone but themselves, but they have the legal right.
Texas Penal Code Section 9.32--Deadly Force in Defense of Person
(a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used;
Texas Penal code Section 9.33--Defense of Third Person
A person is justified in using force or deadly force against another to protect a third person if:
(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.
I did not paste the entire statutes as they are long, but you have the gist of the statutes in Texas. Further, there is no element indicating a person may attempt to stop the listed felonies at nighttime only...it may be at anytime of the day.
I'll reiterate, again. KNOW YOUR INDIVIDUAL STATE LAWS. As we all know, many states have no such provisions for private citizens to enter into such events and must "retreat".
Further, regarding police officers there is no need for a police officer to identify himself if he is in uniform...it is understood if the uniform is present he is understood to be that person.
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On local news today another good one. Man in South Philly was catching a smoke on his door step when bad guy with a gun tries to rob him. Home owner pulled his own gun and shot bad guy once in the head killing him. Home owner had a carry permit.
If you're referring to the story in the OP, most states in the US that I'm aware of allow for self defense or defense of others, so he was potentially saving the lives of the employees in the store.
Fair point.
This occurred in Texas...Texas statutes allow for a third person to use self defense to protect someone just as if the force were used against the protector. I posted it above in a previous comment, but here it is, again.
Texas Penal Code Section 9.33--Defense of Third Person
A person is justified in using force or deadly force against another to protect a third person if:
(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.
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That's pretty similar to the shooting in Milwaukee. Only the employee had no CC permit and he shot the girl working the window. They found out later she was one of the robbers daughters.
The Milwaukee Burger King employee accused of accidentally shooting his 16-year-old coworker is in custody and charged with homicide
Before Thursday, Derrick D. Ellis faced only a felony charge of possession of a firearm by a convicted out-of-state felon.
www.jsonline.com
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I really don't think so, it was a completely lawful Shoot.
The citizen did a great job not only hitting the perps, but in not injuring anyone else.
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You are correct. This does not appear to be a self defense shooting.
Texas Penal Code Section 9.33--Defense of Third Person
A person is justified in using force or deadly force against another to protect a third person if:
(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect; and
(2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.
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Yes, that is correct. However, my statements stands, this does not appear to be a self defense shooting.
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That was my point about him being charged with shooting someone. His life wasn't threatened. Very admirable of him to do what he did but at what cost? I guess the law allows for a citizen, who happens upon a scenario like that, to use deadly force. Kyle Rittenhouse, OTOH, WAS defending himself & the powers that be did all they could to try to string him up.
20 years or so ago, a CC citizen (also a Sheriff's Aux, I believe) was at a Albuquerque, NM Walmart meat counter & a guy jumped over the counter to slice & dice his former wife, who worked at that department, & he shot & killed him. IIRC, no charges were brought against him but the situation was heavily investigated before they deemed it a justified shooting.
OK, semantics...how about justified shooting ?
Rittenhouse was a politically motivated charge. Even an Assistant District Attorney in Jefferson County Texas agrees with it.
“This violent robbery could have ended much worse,” Prosecutor Luke Nichols said. “Ingram and his accomplice threatened and terrorized the store employees, and we are all grateful none of them were injured. The citizen who intervened likely saved their lives that night. A quick and thorough response by PAPD took another violent offender off the streets of Port Arthur.”
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