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2013-06-07 7:48 AM

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Subject: Jury acquits escort shooter

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. 



2013-06-07 8:26 AM
in reply to: tuwood

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Subject: RE: 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. 




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.
2013-06-07 8:46 AM
in reply to: Jackemy1

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Subject: RE: Jury acquits escort shooter
Did he at least go to jail for solicitation?
2013-06-07 8:56 AM
in reply to: Jackemy1

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Subject: RE: Jury acquits escort shooter
Originally posted by Jackemy1
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. 

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.

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.

2013-06-07 9:00 AM
in reply to: 0

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Subject: RE: Jury acquits escort shooter
I don't know Texas laws on solicitation. In my state it is only a small fine and misdemeanor. I only know that from our famous Zumba prostitution story and not from personal experience

I would certainly agree that something is not right here. Killing someone when your life is not threaten over $150 is excessive and smells of playing judge and jury.

Edited by Jackemy1 2013-06-07 9:01 AM
2013-06-07 1:32 PM
in reply to: tuwood

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Subject: RE: Jury acquits escort shooter
Originally posted by tuwood

Originally posted by Jackemy1
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. 

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.

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.




It's deadly force, no method suggested:

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.


and the 9.41 reference:

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.


2013-06-07 1:37 PM
in reply to: DanielG

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Subject: RE: Jury acquits escort shooter
That's a ridiculous law to me. Obviously this case is an example. In regards to the actual law, I see the land part as reasonable but not the recovering stolen property part. It's allowing someone to hand out the death penalty for an offense that could be a misdemeanor.
2013-06-07 1:42 PM
in reply to: JoshR

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Subject: RE: Jury acquits escort shooter

In Colorado, you can't use deadly force for property alone... and I agree with that.

I think deadly force should only be used when you reasonably feel deadly force will be used against you or others.

Even our "Make my Day" law isn't as "make my day" as I thought... you can't shoot an intruder leaving your house with property... there are other requirements too.

If it was an intruder that is one thing, but killing a hooker over $150 while you engage in illegal activity... uhhh no.

2013-06-07 3:49 PM
in reply to: 0

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Deep in the Heart of Texas
Subject: RE: Jury acquits escort shooter

If you want to avoid being killed in Texas, refrain from taking other people's stuff.

*caveat for the shooter - just because you can doesn't mean you should.  Whether or not your are right under the law about using this force, doesn't protect you from having to defend yourself for murder or an accompanying civil suit.



Edited by Hook'em 2013-06-07 3:49 PM
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