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Old September 14, 2012, 12:10 AM   #11
Join Date: February 12, 2001
Location: DFW Area
Posts: 20,809
Several years ago, a guy shot a tow truck driver who was repossessing his car in the middle of the night. He shot at the guy with a scoped rifle.

The keys to the shooting were that he was taking property and it was night time.
Actually, even then, the standard of the law wouldn't be met unless the shooter was unaware of the fact that his car was being repossessed.

TX law specifically states that the person must "reasonably believe the other had no claim of right when he dispossessed the" citizen of the property."

Since a repo man does have a claim of right to dispossess the person, he can not be legally shot unless he "accomplished the dispossession by using force, threat, or fraud".

Sounds like the prosecutor wasn't really on the ball...either that or he figured it wouldn't be possible to get an indictment in his area.
In the stated case, here, the guy did not get anything other than the poo scared out of him.
It's also quite likely that he got to defend himself in a civil suit. Unlike self-defense encounters in the home which can offer protection from civil suits under the castle doctrine law, shooting over property leaves all civil remedies unaffected.

Here's some additional information on shooting to protect/recover property in TX.
Did you know that there is a TEXAS State Rifle Association?
JohnKSa is offline  
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