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Assess this recent in-the-news defensive shooting incident (Houston)

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I'll speculate they will let him go. The details of the law create the roadmap for charging/prosecuting decisions with (as noted) political aspects, but ultimately a jury of persons from that district would try the case. I do not see a conviction coming out of a local jury, particularly as the robber is now known to have been out on bond with multiple priors.....
 
My question always has been "When is the threat ever actually ended?"

It ends when the threat has stopped, not when the threat has stopped breathing. Way back in 1986 my Infantry ANCOC (advanced non-commissioned officer course) had a spirited debate on anchoring shots in a class on the law of land warfare. A lot of unit SOPs at the time called for enemy casualties to be shot again as the unit crossed the objective to make certain that no one got up and shot soldiers in the back. The answer at that time was that anchoring shots were legal during the attack but once the unit reached its limit of advance and began to consolidate and reorganize on the objective the surviving enemy were to be treated as PWs unless they resisted.

This may no longer be doctrine given all of the changes the GWOT brought about. What’s clear is even under military standards shooting the downed armed robber in the back of the head would be illegal.
 
^ I repeat, "When is the threat actually ended?"

I also repeat, After all, "ending the threat" is why we have capital punishment.

Does the threat disappear while you are in bed and the crook is serving time after his recovery?

Not guilty and I'll say that until the foreman declares a jung jury. Hey, free room and board while we debate things. Of course,that depends on the quality of the food and the hotel.

Terry, 230RN
 
Just a friendly reminder. This is the Strategies, Tactics and Training forum and discussion of the criminal justice system beyond how it affects self defense is off topic. If you want to discuss politics or comment on the things you don’t like about the criminal justice system there are other places you can do that.
 
Literally nothing wrong with what he did,
Except for executing the armed robber. Murder, plain and simple.

He has massive support on youtube at the moment.

Well isn’t that special. Maybe we should just scrap the laws and let the consensus of people on YouTube decide. If you can separate your emotions you will realize that mob rule probably isn’t the best system. Oh, mob rule is great, until the mob turns against you, then you’ll be screaming for the law….
 
As a side note, we can clearly see the armed robber swing his gun slightly left towards the man sitting with hands up, to the left of the door. So, there's really nothing to the argument of "he was leaving". He was very much still a threat when the shooting started.
Yes. I had not noticed the man. While it could be argued that a defense under Code Section 9.32 (Defense of Self) might not apply, Section 9.33 (Defense of Others) would come into play.
 
We do not and cannot know that.
Yes we DO know that. An unconscious man laying on his belly is not a threat to anyone. Shooting him in the back of the head is murder in every state of the Union. The shooter went from hero to murderer in that second. There is no provision in any state or federal law that allows one to execute a criminal without due process. Our laws only permit the state to take a life in revenge.

If it's that "plain & simple why didn't they charge him?

Normally they identify a suspect before they charge him. In a politically charged case like this there will likely be a thorough investigation before a charging decision is made and since it’s Texas the grand jury will have to weigh in.

Just because he hasn’t been charged yet is no guarantee he won’t be.

As a side note, we can clearly see the armed robber swing his gun slightly left towards the man sitting with hands up, to the left of the door. So, there's really nothing to the argument of "he was leaving". He was very much still a threat when the shooting started.

We can discuss if the armed robber was leaving all we want. It makes no difference. The anchoring shot was murder.
 
I’m 100% being pedantic here, but that guy had 8-9 COM shots in him already.

You can’t murder someone who is already dead. That’s desecrating a corpse.
Were you there? Was he pronounced dead by a doctor or the coroner? If he wasn’t pronounced, he wasn’t dead.

Your defense is going to look real good at trial. “He was already dead so I thought what hell, I’ll shoot him again just for kicks or maybe to see what really happens when someone is shot in the head.”

As for having 7 or 8 COM hits making him already dead, I suggest you read some Medal of Honor citations and get your eyes opened about how much punishment a human body can take.

I find it mildly amusing that people who say that a magazine of 9mm isn’t sufficient in the endless caliber war threads are completely positive that 7 or 8 COM hits was enough in this case and that he was already dead.
 
https://abc13.com/houston-taqueria-...ene-washington-killed-suspect-death/12681554/ Dead guys record.
Records show Washington had an extensive criminal history and was out on bond during the would-be robbery.

Washington was sentenced to 15 years in prison in 2015 for an aggravated robbery, which was pleaded down from capital murder for the 2013 robbery and death of a store clerk, 62-year-old Hamid Waraich, records show. He was released on parole in 2021 and charged with assaulting his girlfriend in December 2022, according to records.

A pass thru could have killed the guy in the far corner.

20230109_205745.jpg
 
Were you there? Was he pronounced dead by a doctor or the coroner? If he wasn’t pronounced, he wasn’t dead.

Your defense is going to look real good at trial. “He was already dead so I thought what hell, I’ll shoot him again just for kicks or maybe to see what really happens when someone is shot in the head.”

As for having 7 or 8 COM hits making him already dead, I suggest you read some Medal of Honor citations and get your eyes opened about how much punishment a human body can take.

I find it mildly amusing that people who say that a magazine of 9mm isn’t sufficient in the endless caliber war threads are completely positive that 7 or 8 COM hits was enough in this case and that he was already dead.

Nice lecture. It was clearly labeled as a pedantic joke.

AE37EFAC-6007-4BD6-AA54-20592C56C8B0.gif
 
No grand jury in their right mind will look for charges on a man who put several shots into a brazen, armed robber--all while in the heat of the moment. Always possible a suspect can have another weapon or start moving and become a threat again. If the grand jury is intimidated or not in right mind, then who knows. Noteworthy that the shop owner considers the citizen a hero. Also, I'm seeing a bunch of previous posts about meth and other unrelated things on previous pages of this thread. Maybe we can get that cleaned up and keep the thread on topic since it's a hot button issue?
 
Jeff, why do you keep asserting as facts things you cannot possibly actually know? "Not heat of the moment." Was his blood pressure suddenly back down to 130/80/75 as he moved up to the "criminal's" head?

You'll notice I underlined "know" in my previous remarks.

To quote someone else, "Come now."

I vote "No Bill of Indictment." Let's see.

Of course there's a lot of high disagreement in this debate about the shooter's strategy and tactics. I hope the Moderators are speaking as Members and not Moderators.

Terry, 230RN
 
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As a side note, we can clearly see the armed robber swing his gun slightly left towards the man sitting with hands up, to the left of the door. So, there's really nothing to the argument of "he was leaving". He was very much still a threat when the shooting started.

There’s very much to the perception that he’s leaving! he has a fake gun (no threat there unless he’s going to hit someone in the head with it). The reason he’s leaving is he has the money and he’s looking to get out the door as quickly as possible
 
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