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TX Deputy Gilmer Hernandez Released!

Discussion in 'Legal' started by txgho1911, Oct 16, 2007.

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  1. txgho1911

    txgho1911 Member

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    Last edited: Oct 16, 2007
  2. Citroen

    Citroen Member

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    Great News!!

    Now, if Ramos and Compean are released and restored to their jobs it would be progress.

    John
    Charlotte, NC
     
  3. ilbob

    ilbob Member

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    what should happen to someone who shoots at a car full of people who are going as fast as possible in the other direction?

    a jury of texans found him guilty. blame them if you must blame anyone.
     
  4. Double Naught Spy

    Double Naught Spy Sus Venator

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    Apparently, the jury didn't believe he acted in self defense.
     
  5. Frog48

    Frog48 Member

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    I'm all for a tight border, and hate illegal immigration, but come on... what those two clowns did was understandable. But instead of owning up to their actions, they attempted to cover up the shooting, and THAT really bothers me.
     
  6. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    If you want to discuss the law around self-defense and vehicular assault, this is the right place. If this heads towards an immigration discussion, posts will be deleted or threads closed as necessary. Just a heads up for the very few of you who didn't realize this already ;)
     
  7. orionengnr

    orionengnr Member

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    read on.

    This guy was on Glenn Beck this evening. He stated that he was offered a plea bargain (probation) if he would change his story (i.e., falsify an official report). He refused that deal and served time instead. In my book, that is integrity.

    The fact that a jury found him guilty is tainted by the fact that certain evidence was withheld from the jury--same Johnny Sutton MO as the Ramos/Campeon trial.
     
  8. glummer

    glummer Member

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    What evidence?
     
  9. Frog48

    Frog48 Member

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    Haha, riiiiiight. What mystery evidence might this be?
     
  10. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Evidence is ALWAYS withheld from the jury in some fashion or another, that's nothing earth shaking.

    Every civil and criminal trial that takes place has certain evidence that for one reason or another is not admissible.

    That won't ever change, nor will saying that if not for that withheld evidence the outcome would be different.

    Now, it may very well have changed the outcome, but evidence has to undergo a strict test (or is supposed to let's just say) to test it's validity, admissibility, etc.

    One side is always <upset> that evidence does not meet that, the other side is ecstatic.

    That one gets touchy. Some (including the founding dads for the most part) believe(d) that God alone gives rights, it is just up to a government to recognize and protect them. Quite a long argument on both sides but interesting for sure.

    Personally I am glad he's out, but this problem is going to get worse and worse regardless of which side you believe is right.

    One way or another there will be much violence and bloodshed over this issue I am afraid.
     
  11. Bartholomew Roberts

    Bartholomew Roberts Moderator Emeritus

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    There seem to be a lot of people who want to discuss the politics behind this case rather than the legal issues. Now I realize that the two are difficult to separate; but unless you can separate them and discuss the legal issues directly relating to RKBA, this thread is going to be closed.

    There are thousands of forums where you can discuss the politics and the policy; but we are trying to keep THR narrowly focused on RKBA. To the extent this means that some issues that indirectly affect RKBA don't get heard, I'm sorry; but those are the rules and one of the reasons those are the rules is because past experience has shown that THR doesn't work as well when we broaden the scope of our mission.
     
  12. Crunker1337

    Crunker1337 Member

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    I think that as the smugglers tried to run him down, they threatened his life. The only conceivable way that he could defend himself was to use his lawfully owned firearm. He used it, and unfortunately a non-threatening person was shot.

    The smuggler caused that to happen, the Deputy was just reacting the way any reasonable human would.
     
  13. The Wiry Irishman

    The Wiry Irishman Member

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    I see this as another example of the double standard that benefits cops in questionable shootings. If one of us put a half a dozen rounds into a fleeing car, I don't think we'd be getting out of prison after ten months, even if we didn't hit anybody. The fact that the car was full of illegal immigrants is irrelevant.
     
    Last edited: Oct 18, 2007
  14. Werewolf

    Werewolf Member

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    The answer to this question straight from an attorney acquaintance is, "the constitution refers to persons not citizens, thus just being in the USA is enough to provide the same protections to a non-citizen as a citizen - legally here or not".

    This came from a discussion regarding the new law in OK regarding illegals.
     
  15. Art Eatman

    Art Eatman Administrator Staff Member

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    If the driver was willing to run over a cop, who else would he be willing to run over?

    Texas law specifically says one can shoot a fleeing attacker if a reasonable and prudent person believes the attacker would provide an ongoing threat to the community.

    However, this was a federal court, and it's possible that this was not mentioned as evidence by the defense attorney. I don't know. And, maybe, the jury may well not have known nor considered that issue...

    Art
     
  16. AntiqueCollector

    AntiqueCollector Member

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    I disagree. Illegals cannot buy/own firearms while in the U.S. (legally anyways) so no, just being here does not automatically entitle a person to the same rights/protections as citizens. So the person shot at had no rights and charges never should have been brought against this man...
     
  17. Harve Curry

    Harve Curry Member

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    Person!How could this get so convuluted. The US Constitution & BoR uses "the people", meaning the people of the United States. Not foriegn nationals who sneaked in.
    As for the shooting, I understand their was evidence with held from the jury. Even if that is common, maybe it shouldn't be. How can you make an informed decision if you don't know all the details.
     
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