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Old 01-14-2013, 22:34   #33
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Join Date: Jun 2007
Location: Baytown, Texas
Posts: 143
Originally Posted by Lord View Post
Chasing is more a bad idea than good. But there are several things that TX allows for that I didn't see covered in any of these posts. First, from what I read, this occurred at night. That alone allows for the use of deadly force in TX during a robbery. Further, we also have something called "fresh pursuit". If you are robbed, you have the right to pursue the individual(s)/bad guy(s) (however bad an idea it might be) and what is called the defense of a third person. During this fresh pursuit, if the need arises to use deadly force, then it is authorized. All of this came from one of the Bexar County district attorneys who taught part of one of my classes.

So the breakdown is this. you have two good samaritans who, in defense of a third party, engaged in the fresh pursuit of a BG who had just committed an aggravated felony at night against a victim. that's all legal and what they call " a defense to prosecution".

Now they did shoot first and the BG returned fire, but a further defense to prosecution would be that if they saw him brandish their weapon and were of the belief that he was about to fire and cause them great bodily harm or even death, and so preemptively fired upon him.

Once again, while pursuing may not be the best idea, under TX law they did not break any law. Lucky for them, it turned out for the best.. for them. Bad guy shoulda stayed home that night. Shot and attacked by a dog... damn. Kind of lacking in the brains department too since he had a freaking gun! He could have shot the dog too!

in either case, as I read it, bad guy was the only law breaker in this situation.
Look at the way the law is written.... the only limitations to night time is

"imminent commission....theft during the nighttime, or criminal mischief during the nighttime"; or

"to prevent the other who is fleeing immediately after committing... theft during the nighttime from escaping with the property"

Everything else listed is not limited by day vs night.
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