Topic: Sheriff: Law protects SUV owner who shot, killed woman
Fanta46's photo
Tue 05/05/09 10:50 AM





I'm confused. The article said that the owner of the vehicle was protected by Florida's "no retreat" law, which gives him the right to use lethal force if he reasonably believes his life is in danger.

But...his life was not in danger. He stopped someone from stealing his car from his barn. He shot the woman driver in the head.



does not matter i guess and it should not matter

if ya wanna stop crime

stop the criminals

who know what may have happened he was obviously at risk or he could not have shot her

why should he have to run away to be safe (no retreat) they may have hurt him if he had not shot

are you saying the right of the thief overrides the right of the right of the victim


I didn't say that about the right of the thief.

But..now that you mention it, I don't think that killing a thief is okay if you are not in danger.





It's not!


now that is an ad lib for sure

maybe you should check the law in question

it's not why because you say so


No its not because his life was not in danger!


Authorities said Jones is protected by Florida's "no retreat" law, which gives him the right to use lethal force if he reasonably believes his life is in danger.

The Land Cruiser stopped directly in front of him, Jones said in the affidavit. He said he raised his gun and pointed it at the occupants, shouting "Stop," but the vehicle appeared to be moving directly toward him.




tngxl65's photo
Tue 05/05/09 10:52 AM

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.




What's with all the 'night time' stipulations? It's not as dangerous and illegal during the day?

yellowrose10's photo
Tue 05/05/09 10:55 AM


Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.




What's with all the 'night time' stipulations? It's not as dangerous and illegal during the day?


that is just one section. I posted the whole link already. and #3 doesn't specify nightime. #2 is just to specify nightime

Fanta46's photo
Tue 05/05/09 11:03 AM


Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.




What's with all the 'night time' stipulations? It's not as dangerous and illegal during the day?


That's Texas, and it stipulates on section 9.31, which isnt any better.
LMAO

Texas is extreme!

yellowrose10's photo
Tue 05/05/09 11:05 AM
I just posted the Texas law on the matter regardless of what it said ohwell

adj4u's photo
Tue 05/05/09 11:07 AM



Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.




What's with all the 'night time' stipulations? It's not as dangerous and illegal during the day?


That's Texas, and it stipulates on section 9.31, which isnt any better.
LMAO

Texas is extreme!


obviously florida law is on point or the owner would be charged

your saying it is not does not change the issue

your opinion does not change the law

Fanta46's photo
Tue 05/05/09 11:09 AM
Police say that just before the shootings, the man called 911 to say he heard glass breaking and saw two men entering the home through a window.

911: "Pasadena 911. What is your emergency?"

Caller: "Burglars breaking into a house next door."

A police spokesman says the man told the dispatcher that he was going to get his gun and stop the break-in.

Caller: "I've got a shotgun, do you want me to stop them?"

911: "Nope, don't do that. Ain't no property worth shooting somebody over, OK?"

The dispatcher repeatedly urged the man to stay calm and stay in his own home, reports CBS News correspondent Hari Sreenivasan.

911: "I've got officers coming out there. I don't want you to go outside that house."

Caller: "I understand that, but I have a right to protect myself too, sir, and you understand that. And the laws have been changed in this country since September the first, and you know it and I know it. I have a right to protect myself."

A Texas law strengthening a citizen's right to self-defense, the so-called "castle doctrine," went into effect on Sept. 1. It gives Texans a stronger legal right to use deadly force in their homes, cars and workplaces.

The telephone line then went dead, but the man called police again and told a dispatcher what he was doing.

Caller: "Boom. You're dead." (Sounds of gunshots) "Get the law over here quick. I've managed to get one of them, he's in the front yard over there. He's down, the other one is running down the street. I had no choice. They came in the front yard with me, man. I had no choice.

He shot one suspect in the chest and the other in the side.

adj4u's photo
Tue 05/05/09 11:10 AM

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

911: "Pasadena 911. What is your emergency?"

Caller: "Burglars breaking into a house next door."

A police spokesman says the man told the dispatcher that he was going to get his gun and stop the break-in.

Caller: "I've got a shotgun, do you want me to stop them?"

911: "Nope, don't do that. Ain't no property worth shooting somebody over, OK?"

The dispatcher repeatedly urged the man to stay calm and stay in his own home, reports CBS News correspondent Hari Sreenivasan.

911: "I've got officers coming out there. I don't want you to go outside that house."

Caller: "I understand that, but I have a right to protect myself too, sir, and you understand that. And the laws have been changed in this country since September the first, and you know it and I know it. I have a right to protect myself."

A Texas law strengthening a citizen's right to self-defense, the so-called "castle doctrine," went into effect on Sept. 1. It gives Texans a stronger legal right to use deadly force in their homes, cars and workplaces.

The telephone line then went dead, but the man called police again and told a dispatcher what he was doing.

Caller: "Boom. You're dead." (Sounds of gunshots) "Get the law over here quick. I've managed to get one of them, he's in the front yard over there. He's down, the other one is running down the street. I had no choice. They came in the front yard with me, man. I had no choice.

He shot one suspect in the chest and the other in the side.



and your point is

Winx's photo
Tue 05/05/09 11:11 AM
Edited by Winx on Tue 05/05/09 11:11 AM
Oops.

Fanta46's photo
Tue 05/05/09 11:11 AM




Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.




What's with all the 'night time' stipulations? It's not as dangerous and illegal during the day?


That's Texas, and it stipulates on section 9.31, which isnt any better.
LMAO

Texas is extreme!


obviously florida law is on point or the owner would be charged

your saying it is not does not change the issue

your opinion does not change the law


Are you going to keep shadowing me and nagging like an old woman?huh

Winx's photo
Tue 05/05/09 11:12 AM

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

911: "Pasadena 911. What is your emergency?"

Caller: "Burglars breaking into a house next door."

A police spokesman says the man told the dispatcher that he was going to get his gun and stop the break-in.

Caller: "I've got a shotgun, do you want me to stop them?"

911: "Nope, don't do that. Ain't no property worth shooting somebody over, OK?"

The dispatcher repeatedly urged the man to stay calm and stay in his own home, reports CBS News correspondent Hari Sreenivasan.

911: "I've got officers coming out there. I don't want you to go outside that house."

Caller: "I understand that, but I have a right to protect myself too, sir, and you understand that. And the laws have been changed in this country since September the first, and you know it and I know it. I have a right to protect myself."

A Texas law strengthening a citizen's right to self-defense, the so-called "castle doctrine," went into effect on Sept. 1. It gives Texans a stronger legal right to use deadly force in their homes, cars and workplaces.

The telephone line then went dead, but the man called police again and told a dispatcher what he was doing.

Caller: "Boom. You're dead." (Sounds of gunshots) "Get the law over here quick. I've managed to get one of them, he's in the front yard over there. He's down, the other one is running down the street. I had no choice. They came in the front yard with me, man. I had no choice.

He shot one suspect in the chest and the other in the side.



Stupid, stupid, stupid.frustrated

yellowrose10's photo
Tue 05/05/09 11:13 AM
Edited by yellowrose10 on Tue 05/05/09 11:13 AM
Authorities said Jones is protected by Florida's "no retreat" law, which gives him the right to use lethal force if he reasonably believes his life is in danger.

The Land Cruiser stopped directly in front of him, Jones said in the affidavit. He said he raised his gun and pointed it at the occupants, shouting "Stop," but the vehicle appeared to be moving directly toward him.



it sounds IMO that the person warned the people and the shooter perceived a threat to his life because the SUV appeared to be moving toward him

Winx's photo
Tue 05/05/09 11:14 AM

Authorities said Jones is protected by Florida's "no retreat" law, which gives him the right to use lethal force if he reasonably believes his life is in danger.

The Land Cruiser stopped directly in front of him, Jones said in the affidavit. He said he raised his gun and pointed it at the occupants, shouting "Stop," but the vehicle appeared to be moving directly toward him.



it sounds IMO that the person warned the people and the shooter perceived a threat to his life because the SUV appeared to be moving toward him


Then walk out of the direction of the vehicle.

yellowrose10's photo
Tue 05/05/09 11:16 AM
If someone is going to run over someone...all they have to do is turn the steering wheel to where you moved to. it's what the person perceives and I'm not sure it can be PROVEN one way or another the intent or perception

Fanta46's photo
Tue 05/05/09 11:17 AM

Oops.


Do you believe he cleared of all charges?

Only in Texas!


He's been cleared of all charges! Police ready for Protests!

In June, after the conclusion of a long and exhaustive investigation by the city of Pasadena Police Department into the deaths of Hernando Riascos Torres and Diego Ortiz on Nov. 14, 2007, our office presented the results of that investigation and all relevant witnesses to a Harris County grand jury for them to determine whether any criminal offense had been committed by Joe Horn, in relation to their deaths. Today, having heard and considered all of the law and evidence, the grand jury no-billed Joe Horn.

Although, by state law, I cannot discuss the actual proceedings in the grand jury, I can tell you that the grand jury conducted a thorough review of the evidence and testimony. They considered the relevant criminal statutes in Texas, including those pertaining to homicide, use of deadly force, self-defense, and defense of property. In short, before making their decision, they were as well-informed on the facts and circumstances of this case as any deliberative body could be.

I also understand the concerns of some in the community regarding Mr. Horn’s conduct. The use of deadly force is carefully limited in Texas law to certain circumstances, and each case stands or falls on its particular facts.

This office will continue to aggressively prosecute anyone who illegally engages in the use of force, deadly or otherwise, against another. In this case, however, the grand jury concluded that Mr. Horn’s use of deadly force did not rise to a criminal offense.

As independent decision-makers of probable cause in our most serious criminal cases, the grand jurors deserve our deference and respect for their role in our criminal justice system.

http://forthardknox.com/2007/12/05/911-call-of-texas-man-shoots-two-robbers/


Fanta46's photo
Tue 05/05/09 11:18 AM

Authorities said Jones is protected by Florida's "no retreat" law, which gives him the right to use lethal force if he reasonably believes his life is in danger.

The Land Cruiser stopped directly in front of him, Jones said in the affidavit. He said he raised his gun and pointed it at the occupants, shouting "Stop," but the vehicle appeared to be moving directly toward him.



it sounds IMO that the person warned the people and the shooter perceived a threat to his life because the SUV appeared to be moving toward him


Figures!

Winx's photo
Tue 05/05/09 11:22 AM


Oops.


Do you believe he cleared of all charges?

Only in Texas!


He's been cleared of all charges! Police ready for Protests!

In June, after the conclusion of a long and exhaustive investigation by the city of Pasadena Police Department into the deaths of Hernando Riascos Torres and Diego Ortiz on Nov. 14, 2007, our office presented the results of that investigation and all relevant witnesses to a Harris County grand jury for them to determine whether any criminal offense had been committed by Joe Horn, in relation to their deaths. Today, having heard and considered all of the law and evidence, the grand jury no-billed Joe Horn.

Although, by state law, I cannot discuss the actual proceedings in the grand jury, I can tell you that the grand jury conducted a thorough review of the evidence and testimony. They considered the relevant criminal statutes in Texas, including those pertaining to homicide, use of deadly force, self-defense, and defense of property. In short, before making their decision, they were as well-informed on the facts and circumstances of this case as any deliberative body could be.

I also understand the concerns of some in the community regarding Mr. Horn’s conduct. The use of deadly force is carefully limited in Texas law to certain circumstances, and each case stands or falls on its particular facts.

This office will continue to aggressively prosecute anyone who illegally engages in the use of force, deadly or otherwise, against another. In this case, however, the grand jury concluded that Mr. Horn’s use of deadly force did not rise to a criminal offense.

As independent decision-makers of probable cause in our most serious criminal cases, the grand jurors deserve our deference and respect for their role in our criminal justice system.

http://forthardknox.com/2007/12/05/911-call-of-texas-man-shoots-two-robbers/




He kills/murders somebody in his front yard after the police tell him to stay in his house. They also tell him, "Ain't no property worth shooting somebody over".

And he's cleared of all charges.frustrated

Fanta46's photo
Tue 05/05/09 11:23 AM
Edited by Fanta46 on Tue 05/05/09 11:25 AM
There's a video here,

http://forthardknox.com/2007/12/05/911-call-of-texas-man-shoots-two-robbers/

with the entire 911 call!

You judge!

Does he sound scared, or
does he just want to kill someone?

Winx's photo
Tue 05/05/09 11:27 AM

There's a video here,

http://forthardknox.com/2007/12/05/911-call-of-texas-man-shoots-two-robbers/

with the entire 911 call!

You judge!

Does he sound scared, or
does he just want to kill someone?


He murdered them. They weren't even at his house. It was a neighbor's house.:angry:

adj4u's photo
Tue 05/05/09 11:43 AM
Edited by adj4u on Tue 05/05/09 11:45 AM





Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.




What's with all the 'night time' stipulations? It's not as dangerous and illegal during the day?


That's Texas, and it stipulates on section 9.31, which isnt any better.
LMAO

Texas is extreme!


obviously florida law is on point or the owner would be charged

your saying it is not does not change the issue

your opinion does not change the law


Are you going to keep shadowing me and nagging like an old woman?huh


just trying to get an answer

as to your ad lib

what you can do this to me and ask for points

but if i do it

"""""Are you going to keep shadowing me and nagging like an old woman?huh"""""(that is very disrespectful to old women by the way)

or did you for get this http://mingle2.com/topic/show/221919 thread last night

double standards gotta love them

laugh laugh laugh

drinker drinker drinker drinker