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Old August 11, 2017, 07:31 AM   #43
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
Quote:
Show me a case where in Texas someone savagely beaten, defended themselves, AND a video of the incident was in evidence and were sued.
When I was in a prior life, "show me case where..." was on a list of "famous last words". The fact that we might not know the existence of an identical previous case, or that the defendant might have faired well in such a case, is not a good basis on which to build legal strategy or to make business decisions.

Circumstances, juries, and other things vary far too much to predict with any certainly the outcome of the legal process on the basis of similar incidents.

The victim in this case is certainly not going to be sued. He did not use excessive force.

Of course, he was injured, and that video shows that he could most likely have avoided that very readily.

Had the victim been armed and had he tried to resort to deadly force , things would likely taken a different course. One possible outcome might be the exoneration of the actor under the provisions of Code Section 9.42, unique to Texas. But the victim would not have enjoyed the ride or the aftermath.

Another possible outcome might involve the victim having his own gun used on him.

He had great opportunities to avoid either outcome, based on the video.

And had the thing gone father in the legal process, the video could have been what proved to be the victim's undoing.

It doesn't matter who is the good guy and who is the bad guy. What matters is the little matter of what was necessary.

Me? I surely would not have been so imprudent as to stand around displaying my money in a public place. And I would certainly not have tried to block the door to prevent the departure of a fleeing felon.
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