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Avery Ranch Shooting

Discussion in 'Carry Issues' started by IT0, Feb 7, 2012.

  1. IT0

    IT0

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    Edit...misspelled AVERY RANCH in the title. Sorry.

    This happened about 5 minutes from my house. First let me say that The Austin American Statesman leans pretty far left, keep that in mind while reading the story:

    http://www.statesman.com/news/local/avery-ranch-man-charged-with-murder-after-early-2147469.html

    In a nut shell from reading several sources:

    1) Enrique Recio (23) Had a blowout and wrecked his car at 3am on Friday Night 2/3/12. The story does not elaborate about it, an nothing has been said whether alcohol was involved, but it was a single car accident and he was hiding afterwords.

    2) So this guy wrecks his car then runs off an hides under the a car at a residence belonging to Fred Yazdi (47). How Fred found out this guy was under his wife's car at 3am is a mystery to me, but he did.

    3) Fred get his gun and confronts Enrique, and tells him to stay right there (don't run) the cops on the way.

    4) Enrique, runs and Fred shoots him.

    5) Fred is charged with murder.

    The liberal media is having a field day with this. I am undecided, if somebody was under my wife's car at 3am, I would be very concerned too, but I don't know all the details.

    Any thoughts on this?

    EDIT: update with a little more details- http://www.kvue.com/news/local/Funeral-services-today-for-victim-in-Friday-shooting-138787974.html
     
    Last edited: Feb 7, 2012
  2. mgo

    mgo

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    Shooting down a fleeing intruder is not self defense. Plain and simple. Thanks for the article. It is a reminder to me as a concealed carry permit holder that I cannot forget judgement and restraint.
     

  3. Gunshine

    Gunshine

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    Not being in Texas I'm not really familiar with the law. I do understand that in Texas a resident may use his weapon to protect his property as well as himself.

    The problem here may be attempting to prove that life or property was being protected. The man was running. Possibly an illegal. But running away makes you frightened not a thief or potential murderer.

    Given what I know, which is little I'd say he's in for a tough fight to stay out of jail.
     
  4. OctoberRust

    OctoberRust Anti-Federalist

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    If the story is correct that we're reading. Looks like a bad shoot.
     
  5. SCmasterblaster

    SCmasterblaster G17 carrier since 1989 Millennium Member

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    Definitely looks like a bad shoot. The guy running away was not an act of violence toward the gun holder.
     
  6. IT0

    IT0

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    [Playing Devil's Advocate]

    It is my understanding that:

    In Texas a person may use deadly force to protect himself, his family and his property. So shooting a person to recover your property, as in you caught them in the act of stealing, and they ran away, and you shot, is somehow not a violation of the law. (I am not a lawyer)

    So....IF YOU found a strange man under your wife's car in the middle of the night, what would you do?

    I am pretty sure even playing Devil's Advocate, that I would not shoot them but I can see being concerned they were up to no good with my wife's car.
     
  7. kensteele

    kensteele

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  8. Travclem

    Travclem Badass Member Lifetime Member

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    Yes it is, for all you know they are heading for cover to shoot back. In Texas, lethal force is justified for criminal mischief in the night time.
     
  9. kensteele

    kensteele

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    So did the police get it wrong when they arrested the shooter and took him to jail and charged him with murder? Something tells me there is little to no evidence of "criminal mischief in the nighttime."
     
  10. Bren

    Bren NRA Life Member

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    That seems to be the proper charge. I wonder what Fred thought would happen?

    Hint: if you shoot a tresspasser for trying to get away, you should probably go ahead and bury him.
     
    Last edited: Feb 7, 2012
  11. SigFTW

    SigFTW

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    The homeowner should have stayed in the house and waited for the cops, there was no reason to confront a guy hiding under his car.
     
  12. kensteele

    kensteele

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    what should you do, stay inside and let him set your house on fire? stay inside and let him steal your car?

    it's not against the law in tx to come outside your home to "confront" a trespasser or thief.
     
  13. Bren

    Bren NRA Life Member

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    That is true, but it is against the law to shoot one running away, unless it is necessary to recover property taken in a "burglary, robbery, or theft during the nighttime" and there is no other means for recovering the property.

    If he was 100 yards away with Fred's hubcaps under his arm, it might be another story.
     
  14. Travclem

    Travclem Badass Member Lifetime Member

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    I don't know the whole story so I don't know who was right or wrong. I guess that'll be for the jury to decide now. A charge is not a conviction.
     
  15. AA#5

    AA#5

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    Other than a need to play cop.....
     
  16. cowboy1964

    cowboy1964

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    Glad this idiot didn't live next to me. Looks like a pretty populated area.
     
  17. SigFTW

    SigFTW

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    We are talking about a guy hiding under a car, not setting the house of fire, not stilling a car! Man, am I glad I did not hide under your car when I was a kid and ran away from home, you would have have shot me:faint:

    What if his friend comes and shoots you in the back while you have him at gun point? what if you trip over a cat and shoot your in the foot:wow:? what if, what if??? we can talk about what if all we want. the fact is that just because you confront a BG with a gun does not mean you will be in control of the situation. You have to be willing to get shot or killed yourself (over stuff). For my family I am willing, for stuff I am not.
     
  18. IT0

    IT0

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    You bring up an interesting point, I cant imagine discharging a firearm in that neighborhood. If you miss, there is no telling what you might hit.
     
  19. Altaris

    Altaris

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    We were talking about this at work yesterday. The wife said she heard voices outside. For all we know the guy was just hiding while he was calling his friend to ask for a ride, since he had just wrecked his car.

    Is just sitting in someones yard considered criminal mischief? (serious question...I don't know).
     
  20. IT0

    IT0

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    I read that he was hiding under her car, so yeah that would be mischief, but to be fair there is a lot of misinformation out there about it, and whether or not he was intoxicated is conspicuously missing from the article.