quote:

Petty Homicide. Applicable in Texas in cases where the decedent needed killin'.

Something our Governor might say. I'm down in Mississippi as they say.

...You better stay away from Mattress Trash Road...

quote:

You better stay away from Mattress Trash Road...

Do you remember who sang the tune?

Some of the comments on LiveLeak are quite funny.

Trash shooting trash over trash

Shootout at the Golden Corral

However, I do NOT recommend reading the comments since some dickwad posted the image of the dead dude with the shotgun head wound from a 2nd video of the incident on LiveLeak.

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Ego is the anesthesia that deadens the pain of stupidity

DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer.

quote:

Originally posted by ZSMICHAEL:

quote:

You better stay away from Mattress Trash Road...

Do you remember who sang the tune?

Copperhead Road is Steve Earle and the chorus contains the phrase, "You better stay away from Copperhead Road"

Dude threatened to kill them several times, raised a bat and said, “You’re dead.” It’s astonishing some people think that’s not self defense. I guess you’re supposed to let the guy bash some of your brain matter out before you can pull the trigger.

Goes to show us that you’re not even safe defending yourself in Texas.

Sang to the tune of Nashville Teens big hit:

quote:

Originally posted by heavyd:
Dude threatened to kill them several times, raised a bat and said, “You’re dead.” It’s astonishing some people think that’s not self defense. I guess you’re supposed to let the guy bash some of your brain matter out before you can pull the trigger.

Goes to show us that you’re not even safe defending yourself in Texas.

Read the whole thread and see if you still think this

If the mattress was pulled out of the dumpster the day before, or hours before, would that still be initiating the conflict?

Personally I believe the father was in serious danger, and the guy with the bat/stick was extremely aggressive and extremely close to clubbing the dad.

Here are the two applicable portions of Texas Penal Code

quote:

Texas Penal Code § 9.32. Deadly Force in Defense of Person

(a) A person is justified in using deadly force against another:

(1) if the actor would be justified in using force against the other under Section 9.31;  and

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

(A) to protect the actor against the other's use or attempted use of unlawful deadly force;  or

(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.


(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly 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 an offense described by Subsection (a)(2)(B);

(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.


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


(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

quote:

Texas Penal Code § 9.33. Defense of Third Person

A person is justified in using force or deadly force against another to protect a third person if:

(1) under the circumstances as the actor reasonably believes them to be, the actor would be justified under Section 9.31 or 9.32 in using force or deadly force to protect himself against the unlawful force or unlawful deadly force he reasonably believes to be threatening the third person he seeks to protect;  and

(2) the actor reasonably believes that his intervention is immediately necessary to protect the third person.

quote:

Originally posted by tatortodd:

quote:

Originally posted by heavyd:
Dude threatened to kill them several times, raised a bat and said, “You’re dead.” It’s astonishing some people think that’s not self defense. I guess you’re supposed to let the guy bash some of your brain matter out before you can pull the trigger.

Goes to show us that you’re not even safe defending yourself in Texas.

Read the whole thread and see if you still think this

Uhh, yeah, I do. I am entitled to a personal opinion despite being a criminal defense attorney.

Also, it’s not as cut and dried as quoting the statute. There will be a huge reliance on applying the facts to case law.

Some more info I found on TTAG:

"The dead dude also had according to his Fiance “Intermittent Explosive Disorder” so who the hell knows what he was going to do, he could have simply walked away himself, instead he threatened to kill, shoot, and hurt people."

The father/shooter was relatively calm, and told the hot head if he came within 3'(had the bat at the time) he would shoot him. Guy with the bat came at him, and apparently the bat was only thrown after he was shot.

I would believe that throwing a mattress that has been sitting inside a dumpster into someone's backyard would be considered provocation.

This message has been edited. Last edited by: parabellum,

Planty of bad choices made that day. Still have to say the decedent and his rage takes the lion share of the blame for this fatal outcome.

If Mr. Dead was not killed in this incident, he may have done something as bad or worse in the near future. He was an incident waiting to happen.

quote:

Originally posted by heavyd:
Also, it’s not as cut and dried as quoting the statute. There will be a huge reliance on applying the facts to case law.

Texas' LTC class and test covers it. Also, I have actually went to a class/lecture from a defense attorney licensed in Texas and he went over the provoking portions including some case law.

Taking the dead guy's mattress out of the community dumpster, putting in dead guy's yard, and then shooting the dead guy during a confrontation at the dumpster is not something I'd be willing to to risk my freedom and finances on.

quote:

Originally posted by parabellum:
Must be a really poor neighborhood. Those guys can't even afford shirts.

Or bras

Normally mattresses are not allowed in dumpsters, at least not community dumpsters. A reasonable person, who had use of the dumpster, would have the right to remove the mattress. Ideally he would have left it along the fence, and not thrown it over the fence into the guy's yard. However that is a minimal provocation, and does not justify the hot head threatening to kill the father.

I believe the shooter will be acquitted, and possibly the son as well. 74 arrests, diagnosed intermittent explosive personality, on video saying he is going to kill the father, then advancing on him with a club or stick. I am not an attorney, but I say it was justified.

read the dead guys facebook page, world class comments for the win!! The internets responds with humor!

https://www.facebook.com/krist...9761?hc_location=ufi

And a post of his from 3 weeks ago. What a nut job:

So this afternoon Right as I wake up and before My medications I am checking On house Walk into the kids Room And see a Person In front Of the kids window..So me I go outside find out its the mailman and tell Him for the last time stay away from the kids windows We have asked you multiple times not to walk between cars an windows because You might get shot .......Being as How we have 2 girls that are children not to mention a little boy ..I believe its in my right to Protect these children from Perverts an Pieces of shit in this world. I also live down the street from a place where thefts murders an assaults have happened in the past. He told me because I wouldnt let him walk that way that he would not deliver the mail and would just send it back I tried calling the usps before walking down to make sure to get him On recording refusing to give me my mail he refused to say anything. so I called him a Bitch an a coward for not repeating what he said and I went Home....15 min later My home was swarmed with Police banging on my door Scaring Emegail so I had Kara leave with Emegail because my medications had not kicked in and I was getting overly anxious with the police.Tried calling Grandma only to realize well shes out of town. I asked if they had warrants they said they didnt need one as they continued to bang on my door profusely an hide away from my sight which I called them on multiple times. I told them I have a mental issue they needed to leave I did not want to talk to them and they insisted on causing me emotional and mental strain along with the physical strain of my heart not being able to slow down over an over.I told them you can call my caseworker I have the files verified of my disorder all you have to do is leave my property because you do not have a warrant I walked thru them and left MY OWN HOME because I did not feel Safe. I left long enough to allow my meds to kick in and calm me down before coming back discovering they were still there SO I showed them the video of exactly what I said when I walked down the street to him.. They are now reporting that I made a terroristic threat when I told the mailman to stay away from the girls windows because he might get shot..I also have had Adult Protective Services called stating that I am not in my right mind 3 hours after all transpired I told them I am fine and asked why they were calling they said because Abilene Police Department called saying I was a danger to myself.. Not anyone else to myself.. I am so sick of the harassment everytime APD shows up to my door ...I DO NOT HAVE TO ANSWER MY DOOR I DO NOT HAVE TO TALK TO YOU IF YOU DONT HAVE A WARRANT GET THE FUCK OFF MY PROPERTY .....then louder then louder then louder till I HAVE no hold back. They stand there laughing as I have a breakdown they refuse to leave stating they dont have to have a warrant..I need a Lawyer I have the videos Im tired so tired of them not allowing me to calm down...I told them I would talk to a detective after the report was made...and still they woiuld not leave...I am tired of losing my mind to stressful situations So I went and got medicine for it only for APD not to allow me to stop an take to walk away from situations they refuse everytimeI got arrested a year or so going thru withdrawals from my meds telling the officer I needed them only for him to refuse an charge me with a disorederly conduct which I cannot control without my meds.. I admit it I take my meds I do whats right only to have APD numerous times keep me in mental Strain..

It's like arguing which tastes better... rat shit or bat shit.

This case seems like an example of how one could goad known hothead into a justifiable self defense shooting and get away with killing someone. Those fucksticks had no business playing Dumpster Police, and the dead man was an idiot for saying those words to armed men in Texas during the heat of the moment. Dumb and Dumberer, all around.

I definitely feel like it ought to be perfectly legal to shoot someone who says they'll kill you while standing there in front of you - especially if holding/swinging a weapon, fwiw.

Regardless, screw all of those involved in this mess.