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"In a sense the man in Texas could have been protecting himself prematurely. If the suspects found an easy neighborhood then he very well could have been next."

This is a very dangerous statement. Protecting himself prematurely?

Lakeside CA
 
 
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That sub shop that marien killed those punks in is 8 blocks from my office. I've gotten subs there. he should've been rewarded.

In florida the law was recently changed in the application of leathal force.

You have to "feel your life is threatened". and You no longer have an obligation to retreat. That guy in the subway feared for his life when armed men came in and robbed the place... he acted appropriately.

Lake Worth FL
 
 
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How does this case differ from a 70 year old retired Marine who shot and killed a robber in a sub shop earlier this summer? He was not protecting himself but someone elses property. Not only did this man NOT get charged but now he gets free subs for life. The only mistake the man in Texas made was calling the police first. It is easier to ask forgiveness than permission.

In a sense the man in Texas could have been protecting himself prematurely. If the suspects found an easy neighborhood then he very well could have been next.

Spencer TN
 
 
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I heard the 911 call, I didn't hear any exchange between the old guy and the burglars, with the exception of 3 gunshots. Now as I mentioned the 911 operator did tell him not to go outside and confront the men, he said that he wasn't going to sit by and watch that bullshit, and he went outside. So this could become a very interesting 2nd amendment case. Does he have the right to use deadly force to defend his neighbor's property?

Arlington TX
 
 
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PASADENA, Texas -- A grand jury will decide if an elderly man who shot and killed two men he believed were robbing his neighbor's home acted within the limits of the state's self-defense laws.

The man, who is in his 70s, shot the two suspected burglars Wednesday afternoon in a quiet subdivision of the city southeast of Houston. He confronted the men as they were leaving through a gate leading to the front yard of his neighbor's home.

Just before the shootings, the man called 911 to say that he heard glass breaking and saw two men entering the home through a window, Pasadena police said.

"The man told the dispatcher: "I'm getting my gun and going to stop them. The dispatcher said, 'No, stay inside the house; officers are on the way.'," said police spokesman Vance Mitchell. "Then you hear him rack the shotgun. The next sound the dispatcher heard was a boom. Then there was silence for a couple of seconds and then another boom."

The telephone line then went dead, but the man called police again and told a dispatcher what he had done. He said he confronted the suspected burglars and asked them to stop, but they did not.

The man then fired twice, striking one of the suspected burglars in the chest, and the other on the side. The shooter's name was not released.

When police arrived, they found one dead man across the street, and the other two houses behind a bank of mailboxes in the Village Grove East subdivision.

The suspects' names were not released, but police said they had documentation from Puerto Rico, Colombia and the Dominican Republic.

Under state law, Texans are allowed to defend themselves with deadly force to protect their own property. The person using deadly force must believe there is no other way to protect their belongings.

Defense attorney Tommy LaFon, a former Harris County prosecutor, said the gunman may be on safe legal ground if the neighbor whose home was burglarized tells police he asked the man to watch his property.

"If the homeowner comes out and says, 'My neighbor had a greater right of possession than the people trying to break in,' that could put him (the gunman) in an ownership role," LaFon said.

According to the state penal code, a person can use force or deadly force to defend someone else's property if he reasonably believes he has a legal duty to do so or the property owner had requested his protection.

___

I heard the actual 911 call on Gret Van Susctern, I don't know about this one. I understand if you have a right to protect your home, but can you use deadly force to protect some else's possessions? This could be a tricky case, because the operator told the man not to go outside and confront the burglars.

Arlington TX
 
 
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May we exterminate a village??

Destin FL
 
 
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I thought libs would take the ACLU to to a gunfight. It takes a village to raise a Brady Bill. Every time a liberal goes to D.C. some poor village loses it's idiot.

Spencer TN
 
 
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just like a lib, take a knife to a gun fight...lol

Destin FL
 
 
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Well I guess I think i'd be between them and my kid. Insurance pays to replace walls.

I think you'd be less likely to have wall penetration with a shotgun than a pistol.

the best gun to have in an emergency situation is the one you have that is functional at the time. IMHO.

Lake Worth FL
 
 
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I can agree the slide of a 12 gauge will scare anyone. It is a good deterrant. My reason for Rachel to keep her .380 out while I am gone is, what if someone is between her and one of the girls' rooms. A shotgun could hurt one of them. I either keep my 9mm or my .45 where I can get to it while I am home. I got use to having a handgun on my nightstand when we lived in Chattanooga and just have not broken myself from it yet. But also if the assailant is far enough away using buckshot could make a mess putting holes in the walls.

My reasoning for not suggesting a shotgun is a child safety issue with the way our house was built.

Spencer TN
 
 
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