Is Texas dad who killed man to protect his 5-year-old daughter a criminal?

Started by jimmy olsen, June 17, 2012, 04:18:11 AM

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garbon

"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

Barrister

Quote from: garbon on June 18, 2012, 03:10:42 PM
Glad to see Canadian code applied to Texas justice.

I'm passing along the relevant information that I have.  If you want to research what the law in Texas is be my guest.
Posts here are my own private opinions.  I do not speak for my employer.

CountDeMoney

Quote from: Barrister on June 18, 2012, 03:12:43 PM
I'm passing along the relevant information that I have.  If you want to research what the law in Texas is be my guest.

In Texas, "mitigating factors" determine whether he's dragged behind a pick-up or not.

garbon

Quote from: Barrister on June 18, 2012, 03:12:43 PM
Quote from: garbon on June 18, 2012, 03:10:42 PM
Glad to see Canadian code applied to Texas justice.

I'm passing along the relevant information that I have.  If you want to research what the law in Texas is be my guest.

No, I don't but discussing the exact text of another nation's law seems well...pointless?
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

Barrister

Quote from: garbon on June 18, 2012, 03:25:31 PM
Quote from: Barrister on June 18, 2012, 03:12:43 PM
Quote from: garbon on June 18, 2012, 03:10:42 PM
Glad to see Canadian code applied to Texas justice.

I'm passing along the relevant information that I have.  If you want to research what the law in Texas is be my guest.

No, I don't but discussing the exact text of another nation's law seems well...pointless?

When I'm talking to Malthus, who is also a Canadian lawyer?
Posts here are my own private opinions.  I do not speak for my employer.

garbon

Quote from: Barrister on June 18, 2012, 03:28:25 PM
Quote from: garbon on June 18, 2012, 03:25:31 PM
Quote from: Barrister on June 18, 2012, 03:12:43 PM
Quote from: garbon on June 18, 2012, 03:10:42 PM
Glad to see Canadian code applied to Texas justice.

I'm passing along the relevant information that I have.  If you want to research what the law in Texas is be my guest.

No, I don't but discussing the exact text of another nation's law seems well...pointless?

When I'm talking to Malthus, who is also a Canadian lawyer?

If you're both from Canada does that some how make it more applicable to the matter at hand? I mean I guess so if you are trying to instruct Malthus in Canadian law. :P
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

Malthus

Quote from: garbon on June 18, 2012, 03:37:12 PM
If you're both from Canada does that some how make it more applicable to the matter at hand? I mean I guess so if you are trying to instruct Malthus in Canadian law. :P

We are arguing for the fun of it. I assume you are as well.

It just goes to show what different people consider "fun". Each in accordance with their nature.  :P
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

garbon

Quote from: Malthus on June 18, 2012, 03:42:06 PM
Quote from: garbon on June 18, 2012, 03:37:12 PM
If you're both from Canada does that some how make it more applicable to the matter at hand? I mean I guess so if you are trying to instruct Malthus in Canadian law. :P

We are arguing for the fun of it. I assume you are as well.

It just goes to show what different people consider "fun". Each in accordance with their nature.  :P

:(
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

Caliga

The one fact I would like you all to take away from this horribly tragic event is this:

Shiner Bock is DELICIOUS.
0 Ed Anger Disapproval Points

derspiess

First of all, Shiner Bock is nasty and uses caramel coloring to make it darker.

Secondly, whomever poured that swill into a Salvator glass needs to be shot.  Respect the glass, FFS.
"If you can play a guitar and harmonica at the same time, like Bob Dylan or Neil Young, you're a genius. But make that extra bit of effort and strap some cymbals to your knees, suddenly people want to get the hell away from you."  --Rich Hall

garbon

Quote from: derspiess on June 18, 2012, 07:03:54 PM
First of all, Shiner Bock is nasty and uses caramel coloring to make it darker.

Secondly, whomever poured that swill into a Salvator glass needs to be shot.  Respect the glass, FFS.

Glad to know what is important in Ohio? :unsure:
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

Caliga

0 Ed Anger Disapproval Points

Ideologue

Quote from: CountDeMoney on June 18, 2012, 12:45:24 PM
Quote from: ulmont on June 18, 2012, 12:31:49 PM
Quote from: CountDeMoney on June 18, 2012, 12:26:43 PM
Nah, can't see how it's self-defense, he wasn't the victim.  Did he attempt to abate and successfully stop the assault?  Yes, but that is the extent of his obligation and his defense.  Anything else--and the MEO has ruled death by blunt force trauma to the head and neck--is beyond the scope of his role as an individual actor.

Well, he was likely entitled to use deadly force to both 1) defend another from great bodily harm or death and 2) to arrest a serious felon.  I don't see any problem there, assuming the defendant's facts are reasonably accurate.

Then they better have gotten one hell of a rape kit on the victim, because a 4 year old can only testify so much.  IMMA JUS SAYIN

I just don't see how blunt force trauma can be ruled self-defense in interrupting an assault.  If he's even charged.  Which he most likely will be.
I would think Involuntary Manslaughter works, though.  That would cover the "Oops, I kilt 'em" angle, as the "Involuntary" implies an accident.

A father allegedly interrupted the sexual assault of his own daughter.  I'm curious about precisely how many "blunt force traumas" he inflicted.

You can use deadly force in the defense of others.  Further, it becomes, immediately, a true self-defense situation once he's physically engaged with the molester.

And I'd say anything below 20 would be fully appropriate.  As I noted above--and I'm sure you know this as well as I--it's very difficult to tell at what point an individual is no longer an imminent threat of serious bodily harm, especially if you're only using your hands, and you lack special training.  Even a partial withdrawal is by no means a guarantee of safety, and iirc as long as it does not become a full-fledged and clear retreat, pursuit is permissible.  Thing is, once they've stopped moving, they might just be dead and not just neutralized.  This is what we're assuming* the case to be here.

*This being for Martinus, who likes to 1)point out blindingly obvious "flaws" and 2)not realize that everyone else has tacitly accepted them as the premise for constructive conversation, insofar as discussing the case under the assumption that he knocked the guy unconscious with the first punch, then stomped on his head with steel toed boots till his skull caved in, is not a valuable use of anyone's time.
Kinemalogue
Current reviews: The 'Burbs (9/10); Gremlins 2: The New Batch (9/10); John Wick: Chapter 2 (9/10); A Cure For Wellness (4/10)

MadBurgerMaker

Quote from: Caliga on June 18, 2012, 07:20:02 PM
I like Shiner Bock. :(

Shiner Bock is fine.  It isn't the best, and isn't the worst.  Most of their beers are like that in their particular categories.

It's really solid as a party beer though.  :P

Josquius

Quote from: jimmy olsen on June 18, 2012, 10:17:28 AM
Quote from: Tyr on June 18, 2012, 09:49:29 AM
Not instantly. But having a kid when you're 18....tends not to say good things about a person.
:bleeding:
I don't see why.
With the disclaimer that this is just a generalisation and there are of course exceptions out there, generally the sort of person who has kids that young aren't the winners in life. They're usually the screw ups who don't really care about anything, left school at 16 (in the UK, I guess it'd be drop outs in the US) and since they were 13 have spent their evenings drinking cheap cider and rutting behind a bus shelter.
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