"Neighbors Defend Texan Accused of Murdering Teen Over Snacks" - from foxnews.com

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Originally Posted by Clipper
Some places make it too easy for kids to grow up to be felons.

Yeah, we Texans hear that all the time. What with our liberal deadly force statutes and our first come, first serve death sentences and what not. Yup, we are all care bears and sunshine here in the Lone Star state when it comes to felonies and such.

Who crapped in your cornflakes, man? I was talking about those limp-wristed states that won't allow deadly force to protect property and such (like Mine)...Sheesh!
 
I personally think the boys deserved to get the snot beat out of them but none of them deserved to get shot in the back. Another thing, how could you possibly lung at someone if they're behind you? You have to get up and turn around and in that case the medical examanar would have found a front entrance wound not one from the back. If someone breaks in your house while you're in it by all means open fire but if they're already there and you grab a gun go in and get them on they're knees then no. Just my $0.02
 
/

We'll see what the evidence points to, but until then, I'll side with the home defender over the criminal every day of the week.

I think one has to tend to side with the home owner.

Because otherwise, we have to create an unreasonable, and finely parsed argument, that no DA would wish to impose upon himself.

:)
 
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.



That is interesting to me, that TX law actually has a provision dealing with people recovering their stolen property, instead of dealing with property loss as a "just be thankful you weren't hurt" situation.

This is a really difficult incident, it does look heavily whitewashed by whoever wrote the story, and Francisco would be alive today if they hadn't broken into mr. Gonzalez' home and put him in a situation where he needed to stop burglary.
 
I believe the home owner. The kid was probably doing a spinning jump kick and the shotgun blast happened to clip him in the back. :evil:

-T
 
The boys, who were unarmed, were forced to their knees, attorneys on both sides say....................

The defendant's lawyer has publically stated that the criminals (typical that the media uses the term "boys") were on their knees? Spare me from ever using that guy for anything.


Two excerpts:

..........Gonzalez thought (the) 13-year-old boy was lunging at him when he fired the shotgun, Alaniz said.

and

the medical examiner testified, 13-year-old Francisco Anguiano was shot in the back at point-blank range

How do you "lunge" backwards?
 
"Feared for his life" or just "fed up". Sounds like the the previous break ins really put him at the end of his rope and he'd had enough. Sounds a bit excessive but I would have to examine all the evidence like the angle of the shotgun pellets to determine if the boy was in compliance when he was shot. I wasn't there so I couldn't make a verdict.

I don't like people breaking in to my home but I'm not sure I like killing someone who is defenseless either. I'll be interested in the outcome.
 
You might be a [strike]gun[/strike] nut if... ...You think that a man is justified in shooting a 13 year old boy in the back after finding the boy in his house then beating him and holding him at gun point, then claiming the boy "lunged" at him (backwards I guess).

Seriously...what the hell is wrong with some people?


note: I didn't see the event, so I can only go by what is in the news article just like everyone else involved in this discussion.
 
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You might be a gun nut if... ...You think that a man is justified in shooting a 13 year old boy in the back after finding the boy in his house then beating him and holding him at gun point, then claiming the boy "lunged" at him (backwards I guess).

Seriously...what the hell is wrong with some people?

I'm a bonifide "gun nut" but don't think shooting a 13 year old in the back while he's on his knees is justified. Don't lump all us gun nuts in with the wackos, ok?
 
I'm a bonifide "gun nut" but don't think shooting a 13 year old in the back while he's on his knees is justified. Don't lump all us gun nuts in with the wackos, ok?

My post was sarcasm. I tried to cross out "gun", but couldn't figure out how to do it. Sorry.
 
The boys claim they were begging for forgiveness when Gonzalez hit them with the barrel of the shotgun and kicked them repeatedly.

Then, the medical examiner testified, 13-year-old Francisco Anguiano was shot in the back at point-blank range. Two mashed Twinkies and some cookies were stuffed in the pockets of his shorts.

Another boy, Jesus Soto Jr., now 16, testified that Gonzalez ordered them at gunpoint to take Francisco's body outside.

This does not bode well for Gonzalez.

.
 
You might be a gun(I don't know how to cross stuff out) nut if... ...You think that a man is justified in shooting a 13 year old boy in the back after finding the boy in his house then beating him and holding him at gun point, then claiming the boy "lunged" at him (backwards I guess).


Hopefully the reporter got it wrong, if not, then the guy should spend an awfully long time in prison. Who knows though, we'll see how it works out later.
 
A tough call, it'll be interesting to see how this one turns out. Either way, that man's life is forever changed.
 
The article is so biased that its impossible to sift out what may or may not have actually happened.

The way the press always assumes that teenagers are incapable of doing real evil or presenting a real threat is completely ridiculous. Teens rob, beat-up, and even kill people daily.

A shot in the back looks shaky, but I'm not thoroughly familiar with Texas law.

One definite is that a pack of criminals, regardless of their age, broke into someone's home. Bottom line -- don't break into someone else's house and you won't risk running into someone who takes a draconian view of such things. IF it turns out that the homeowner was indeed violating the law with the shot it still must be borne in mind that the first crime was the break-in and that all would be well if the "kids" had behaved themselves.
 
Here's an updated article on the case from the Laredo Morning Times: http://www.lmtonline.com/articles/2008/09/26/news/doc48dc8b71cdef9527878788.txt

It presents more information that's come out during the trial. Personally, if I thought the little tyke had lunged at me, I'd have shot him too.

It's interesting that if he had all four of them on the floor and decided to kill one, the smart thing to do would have been to shoot them all. The fact that he didn't suggests to me that he felt a threat from the single teen that he didn't feel from the others, which means there might have actually been said threat.
 
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The devil is in the details and killing over a box of twinkies - legal or not - definately has it's own moral questions.

But I do notice that the one statement of "Gonzalez thought 13-year-old boy was lunging at him " is really far into the article.
 
The devil is in the details and killing over a box of twinkies - legal or not - definately has it's own moral questions.

1. I'd like to know where homeowners get the psychic ability to determine what the criminal invaders want when they break into a home because it was not included with the paperwork when I bought either of my homes nor was it included in the rental agreement of any other place where I've lived.

2. Why is a crime not a crime if the thief asserts that he "only" wanted something small and of little value? Where can I apply for it to become moral, excusable, and unobjectionable for me to walk into someone else's house and rifle through their cupboards in search of small, low-value items that catch my fancy? I really NEED that "right" because my kids go through cereal, milk, and frozen vegetables at a frightening rate and I could drastically cut my grocery bill by taking such things from my neighbors if such thefts carry no risk and can be readily excused.
 
On a personal level I don't care a bit whether he beat them stupid, then executed one. I just wish he had done away with all 4 of them. Fine the man 300 bucks and let it go. Why the fine? 100 per scumbag he let off.

That said, he only kills one? He says he thought one was lunging for him, sounds believable simply because:

1) he only killed one of them (sadly)
2) they are scumbags, he was the homeowner.
 
a mans home is his sancturay. Any one that enters your home unannounced to do wrongfull things (crminal acts) deserves what they get.
 
Guys... Y'all are so busy jumping to conclusions, so let's jump at something else...

You've got 8-10' between you and three teenagers. Now, teenagers can be some pretty big critters...

They're on their knees, and you're going for the phone. One makes his move, and he's coming low, lunging for your knees and ankles. You're going to go down. The other two are also starting to react.

You drop the barrels down, and blow a hole in his back. You then make his buddies carry him outside for the ambulance.

I can EASILY see that...
 
Different angle on it in the local Laredo, TX newspaper. Amazing what you see when you remove the Associated Press stench from the news.....

From the gun angle, it was a Saiga semi shotgun, not a 16ga as AP reports.

Interesting statement from the Texas Ranger investigating:

Major Doyle Holdridge is a former Texas Ranger and ex-member of the National Rifle Association who currently heads the criminal division at the Webb County Sheriff's Department. He stated that after reviewing the statements of the three surviving juveniles, who he said appeared to him to be just "children," his department decided to charge Gonzalez with murder.

"If Mr. Gonzalez (had) walked through the front door and killed everyone in that room, I would not have had such a problem," Holdridge stated.

Another interesting thing, something to think about for sure.

Also Thursday, Jerry Staton, a former Austin police officer and current specialist in weapons training and an instructor of the human response in high-stress situations, testified as to what he thought was Gonzalez's perception of the intruders' intentions.

Alaniz has stated repeatedly that Gonzalez perceived Anguiano as lunging toward his legs when Gonzalez had the juveniles subdued and that is why he fired the weapon.

"In this (high-pressure) state of mind, particularly fast movements are usually perceived as dangerous," Staton said. "Deception is reality. When you're there, what you perceive, whether it's accurate or not, that's reality."

http://www.lmtonline.com/articles/2008/09/26/news/doc48dc8b71cdef9527878788.txt
 
While I think many of us would agree shooting someone not posing a danger and cooperating is wrong if that was the case, any decision on this matter could have set a severe precedent against the right to use force in Texas.

So I am against that prosecution. Texas is a dangerous place to break into homes, whether for snacks or worse intentions.
It also happened at night.

If it is decided he is guilty it could call into question the justification of many future self defense shootings in the state.
If he is innocent Texans can be secure in knowing lethal force is a valid option whenever an intruder or multiple intruders are present. They won't have to worry about what a jury not present will think months later. They won't have to hesitate past the point that they are placed in unnecessary danger to be certain they will not be prosecuted.

Texas is also the only state in the nation that one can defend property with lethal force. 'Criminal mischief at night' can also be met with lethal force.
So there is multiple criteria here that justifies his actions legaly even if we do not agree with his actions.

Personaly I also think it could lead to a shoot first ask questions later mentality for a large portion of the population if he is found guilty.
It says:
Hold people at gunpoint, and later shoot them and your actions are likely to result in prosecution and be heavily scrutinized. While shooting them initialy under the statutes of criminal mischief at night, robbery/burglary or self defense would not result in that prosecution.

The truth is he could have gone in and shot all three of them immediately and not faced prosecution. Because he detained them at gunpoint before a shooting he is being more heavily scrutinized.
So criminals that could be detained and taken into custody at gunpoint at the discretion of the homeowner will simply be killed on sight instead if this precedent is set.
The man should be no billed in the state of Texas.
Texas is not the other 49 states, it is a state where lethal force is legal in defense of property or just because it is dark outside.
 
I was the jury foreman on two criminal trials. Believe me, the evidence and the judge's instructions presented at trial differ markedly from what the press reports.

We discussed this article on two pages (so far) here on this Forum. And that kind of attention is exactly what the press wants. The news media are a business, not a public service. The more we discuss and debate their articles, the greater their ability to sell advertising and make money.

If the headline had been "One Burglar Dies in Home Invasion" we wouldn't have started a thread on it. It just wouldn't be interesting enough. The goal of the media editor is not to educate, but to sensationalize, spectacularize, exaggerate, and inflame in order to excite advertising sales.

I wonder what charges the teens faced? The articles say nothing about that, not being interested in facts.
 
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