Jury acquits escort shooter

Originally posted by tuwood

OK, I was on that weird part of the web again this morning.

I'm all for conservative gun laws, but yowzers.

Jury acquits escort shooter

"Gilbert's actions were justified, they argued, because he was trying to retrieve stolen property: the $150 he paid Frago. It became theft when she refused to have sex with him or give the money back, they said."
...
"The Texas law that allows people to use deadly force to recover property during a nighttime theft..."

 

So, the moral of the story is if you live in Texas don't do business dealings at night.  I wonder if you can just shoot somebody if they shoplift a pack of gum too. 

Originally posted by Jackemy1 How is this a conservative gun law? If the idiot used any other method to kill Frago would he have been convicted? Don't know the whole story but I think one of rules of life is that a dead hooker in your bedroom is never a good thing and should be avoided.

Originally posted by tuwood

I'm not sure how the law is written.  If it's specific to shooting, or if it's a straight deadly force authorization.  If it's straight deadly force, then I agree the gun part is irrelevant.

TEX PE. CODE ANN. § 9.42 : Texas Statutes - Section 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.

TEX PE. CODE ANN. § 9.41 : Texas Statutes - Section 9.41: PROTECTION OF ONE'S OWN PROPERTY

(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.