Woman shoots through wall and kills ‘peeping Tom’ outside her Texas home, cops say

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This is a true story, and I'm not embarrassed to retell it.:

When I was 17 years old a friend and I were playing frisbee in the back yard. The frisbee went over the fence, after sunset, into the yard of a family that had moved in just a week or so before. I hopped the fence, went to get the frisbee, and happened to see through the window, the 15 year old daughter coming out of the shower in her bedroom completely naked. I spent several minutes peeping, when the dad came out the back door and caught me.

He was pretty rough on me and called the police. The police scared the bejesus out of me. They started listing all the felonies they could charge me with. Ultimately, calling my own father to come over to "deal with the situation" prevailed.

In today's world who knows what would have ended up happening to me, legally speaking, but thank god I didn't end up shot. I think everyone knew I wasn't a predator; just a young boy seeing things he'd never seen before.
 
Trying to shoot him would entail some chance of getting shot; it would surely put the shooter into a process in which he or she would not want to be; and the probability that a defense of justification would fail is greater than zero.
Personally I can shoot a lot faster than I could get on the floor.
 
It's a window. I can see through it. That's how I saw him pointing a gun at me. He can see me (it's a window, remember?). It's not bullet-proof glass. He's five feet or closer to me. You do what you wish and I'll do what I think in that circumstance needs to be done. The discussion, in my mind, is becoming circuitous and bearing little "fruit".
 
If the woman perceived him as a "peeping Tom" he was standing at the window looking in
"At the window"? Maybe not.

We had a young voyeur in the neighborhood who targeted young girls the street. He stayed out of the area illuminated by the window light, and behind bushes.

But they did see him.
 
Look, folks, one of the things we do not do here is try to look for ways that could justify the use of deadly force. That's up to a defendant in court. Our philosophy is that we shoot when only when we reasonably believe that it it is immediately necessary, and not wen we think it would be justified.

One other thing--and we should not have to keep repeating this--a person of interest who has made public statements indicating that he or she would tend to shoot someone has created permanent evidence that can be used to indicate state of mind. That could defeat a defense of justification.

The existence of a gun would help with a defense of justification. Even a basis for reasonable belief that a gun existed when it did not might suffice, if other evidence were helpful. But should that "gun" turn out to be a cell-phone, a gas detector, or a corn cob pipe, the shooter's claimed belief might not be seen as credible.

We have a sticky thread on that in ST&T.
 
That should do it until we know more. If anything more comes out on the case, let us know.
 
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