Interview with the Texan who stopped the massacre

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jltrent
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Interview with the Texan who stopped the massacre

Postby jltrent » Tue Nov 07, 2017 5:42 am

He engaged with an AR 15. Active shooter was wearing body armor. He fatally wounded the attacker.

https://www.youtube.com/watch?v=B4HEchh ... e=youtu.be
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Re: Interview with the Texan who stopped the massacre

Postby Bright Raven » Tue Nov 07, 2017 8:00 am

Might not have been a smart thing giving an interview. His actions might promt some form of litigation. I doubt it but it could happen. More likely a civil case if the shooter's family sees a way to collect on it. I doubt any legal counsel would have supported him giving an interview.
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Re: Interview with the Texan who stopped the massacre

Postby Bigfoot » Tue Nov 07, 2017 8:15 am

I'd have probably had my lawyer with me.
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Re: Interview with the Texan who stopped the massacre

Postby backhoeboogie » Tue Nov 07, 2017 8:24 am

Put me on the jury.
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Re: Interview with the Texan who stopped the massacre

Postby slick4591 » Tue Nov 07, 2017 9:27 am

Saw an interview last night that said the ME concluded that the fatal shot to the head appeared to be self inflicted. Still along ways to go before everything is conclusive.
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Re: Interview with the Texan who stopped the massacre

Postby True Grit Farms » Tue Nov 07, 2017 10:06 am

I hope I have a few neighbors like him. Screw needing a lawyer by his side, he's the man. Hopefully our country is changing for the better right before our eyes. This guy is the real deal, we're blessed to have folks like him living among us.
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Re: Interview with the Texan who stopped the massacre

Postby NEFarmwife » Tue Nov 07, 2017 11:22 am

Bright Raven wrote:Might not have been a smart thing giving an interview. His actions might promt some form of litigation. I doubt it but it could happen. More likely a civil case if the shooter's family sees a way to collect on it. I doubt any legal counsel would have supported him giving an interview.


This would be extremely difficult to do in Texas. While the shooter never entered the home or property of the "hero" who intervened... Texas does have the castle law. Someone trying to throw a civil suit on a Texan who saved lives by taking someone else's, is untouchable, so to speak.
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Re: Interview with the Texan who stopped the massacre

Postby dieselbeef » Tue Nov 07, 2017 11:31 am

True Grit Farms wrote:I hope I have a few neighbors like him. Screw needing a lawyer by his side, he's the man. Hopefully our country is changing for the better right before our eyes. This guy is the real deal, we're blessed to have folks like him living among us.



be nice yeah still some americans around us!
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Re: Interview with the Texan who stopped the massacre

Postby Bright Raven » Tue Nov 07, 2017 11:43 am

NEFarmwife wrote:
Bright Raven wrote:Might not have been a smart thing giving an interview. His actions might promt some form of litigation. I doubt it but it could happen. More likely a civil case if the shooter's family sees a way to collect on it. I doubt any legal counsel would have supported him giving an interview.


This would be extremely difficult to do in Texas. While the shooter never entered the home or property of the "hero" who intervened... Texas does have the castle law. Someone trying to throw a civil suit on a Texan who saved lives by taking someone else's, is untouchable, so to speak.


Yes. Texas would be a difficult venue for a civil case. But that does not influence the potential of a civil suit if someone decides to pursue it and even if the outcome is crystal clear, there is a cost associated with legal services. The use of lethal force does not come without consequences. The author of Use of Lethal Force in the State of Montana includes a caution in his book, always assume every case where lethal force is used will result in litigation if not in criminal court, in civil court. Therefore, he advises that a public statement not be given without legal representation. I do believe this Hero is enjoying the attention. Good for him, one of life's pleasures.

Edited to add: Castle law would not be applicable in this case.
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Re: Interview with the Texan who stopped the massacre

Postby NEFarmwife » Tue Nov 07, 2017 12:23 pm

Bright Raven wrote:
NEFarmwife wrote:
Bright Raven wrote:Might not have been a smart thing giving an interview. His actions might promt some form of litigation. I doubt it but it could happen. More likely a civil case if the shooter's family sees a way to collect on it. I doubt any legal counsel would have supported him giving an interview.


This would be extremely difficult to do in Texas. While the shooter never entered the home or property of the "hero" who intervened... Texas does have the castle law. Someone trying to throw a civil suit on a Texan who saved lives by taking someone else's, is untouchable, so to speak.


Yes. Texas would be a difficult venue for a civil case. But that does not influence the potential of a civil suit if someone decides to pursue it and even if the outcome is crystal clear, there is a cost associated with legal services. The use of lethal force does not come without consequences. The author of Use of Lethal Force in the State of Montana includes a caution in his book, always assume every case where lethal force is used will result in litigation if not in criminal court, in civil court. Therefore, he advises that a public statement not be given without legal representation. I do believe this Hero is enjoying the attention. Good for him, one of life's pleasures.

Edited to add: Castle law would not be applicable in this case.


SECTION 2. Section 9.31, Penal Code, is amended by amending Subsection (a) and adding Subsections (e) and (f) to read as follows:

(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor [he] reasonably believes the force is immediately necessary to protect the actor [himself] against the other’s use or attempted use of unlawful force. The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the force was used:

(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;

(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or

(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2) did not provoke the person against whom the force was used; and

(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.

(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.
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Re: Interview with the Texan who stopped the massacre

Postby NEFarmwife » Tue Nov 07, 2017 12:27 pm

I might also add that while I am not arguing that it is possible a case could come of it, I am stating "Good luck" to whomever tries.
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Re: Interview with the Texan who stopped the massacre

Postby Bigfoot » Tue Nov 07, 2017 12:32 pm

I am employed in a field where lawsuits fly. All I can add is that, you can protect yourself from losing a lawsuit. You can't protect yourself from having to defend yourself in a lawsuit. Those are two different things.
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Re: Interview with the Texan who stopped the massacre

Postby boondocks » Tue Nov 07, 2017 12:43 pm

Anyone remember this church shooting a few years' back? https://en.wikipedia.org/wiki/Knoxville ... h_shooting One of the members saved people by standing in front of the shooter:

"The Unitarian Universalist church hosted a youth performance of Annie Jr. Some 200 people were watching the performance by 25 children when Adkisson entered the church and opened fire on the audience. 60-year-old Greg McKendry, a longtime church member and usher who deliberately stood in front of the gunman to protect others, was killed at the scene. A 61-year-old woman, Linda Kraeger, died from wounds suffered during the attack later that night[.] The shooter was stopped when church members John Bohstedt, Robert Birdwell, Arthur Bolds, and Terry Uselton, along with visitor Jamie Parkey, restrained him."

That heroism always amazed me. It makes one glad to see that wherever there is tragedy and horror, there is also bravery and kindness.
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Re: Interview with the Texan who stopped the massacre

Postby Bright Raven » Tue Nov 07, 2017 12:51 pm

NEFarmwife wrote:I might also add that while I am not arguing that it is possible a case could come of it, I am stating "Good luck" to whomever tries.


My point is reflected in Bigfoot's post:

You can't protect yourself from having to defend yourself in a lawsuit.

I agree with you on the "good luck".
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Re: Interview with the Texan who stopped the massacre

Postby callmefence » Tue Nov 07, 2017 1:01 pm

It's ashamed so many would worry about being sued.
Those two men don't have any coward in them. They didn't hesitate to step up and I doubt their very worried about being sued.
Good luck with finding a lawyer to do it.
Texas also has pretty good frivolous lawsuit laws.
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