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Old August 14, 2012, 09:40 PM   #16
TexasJustice7
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Join Date: May 10, 2011
Posts: 213
Quote:
If someone had just finished stabbing you, I would assume it to be grounds for a defense, however if they were leaving or retreating it may be viewed that the threat has ended and you are no longer in imminent danger.

Suppose it could be likened to being robbed at gunpoint and shooting your robber after he already has your wallet and is leaving.
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As; is usually the case, it will depend on the State you are in, the prosecutor and maybe the jury. If it is night and he is fleeing with the wallet, in Texas shooting to stop the criminal from escaping with the loot, might very well be nobilled. Just recently an old man in Texas shot at two robbers, even fired shots after the robber ran out of the store. I really thought that guy was going to get charged but the prosecutor did not press it. In the excitement of the moment I guess the old man did not realize the robber was no longer a threat. I don't recall where in Texas it was, just that one was shot, the other arrested later.

A police officer friend told me about a man shooting at two burglars running away with the loot with squirrel shot in a 12 gauge, and hitting one a couple of nights ago. I asked him if they arrested the homeowner, he said no, that he was defending his property (and it being night time).

In those cases location makes a great deal of difference, because I figure in most states the homeowner would be arrested, as well as the old man who shot at the fleeing robbers.
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