(TX) Pizza Delivery Man Shoots Would-Be Robber (deliveryman had CHL)

Status
Not open for further replies.
D

Drizzt

Member
Joined
Dec 24, 2002
Messages
2,647
Location
Moscow on the Colorado, TX
Pizza Delivery Man Shoots Would-Be Robber
LAST UPDATE: 9/6/2005 7:07:12 AM
Posted By: Laura Berryhill

A would-be robber got a lot more than just pizza from a delivery man overnight.

Police tell News 4 WOAI that a man was attempting to deliver a pizza to the West Way Apartments on Culebra around 11:30 Sunday night.

While the delivery man was walking in the parking lot, an armed assailant robbed him. Police say the assailant tried to run off, but the delivery man pulled his gun and fired.

The suspect was wounded and has been placed under arrest.

The delivery man does have a carry permit.

http://www.woai.com/news/local/story.aspx?content_id=046E6978-85FF-427E-B3FA-22F4D1AE00F9
 
Shooting!

Glad to hear he didnt miss!

Willyboi
Better to judged by 12 than carried by 6
 
While the delivery man was walking in the parking lot, an armed assailant robbed him. Police say the assailant tried to run off, but the delivery man pulled his gun and fired.
Click to expand...
If you shoot someone who is trying to run away, you'd better have a good lawyer.

pax

When law and morality contradict one another, the citizen has the cruel alternative of either losing his sense of morality or losing his respect for the law. -- Frederic Bastiat
 
^ I think Texas is different^^^

ianal...but...
I've heard you can shoot fleeing felons in TX also say if some one is stealing your car you can shoot them even if they're no threat.
I just heard this though, you had better ask lawdog or someone who knows because I never even been to Texas.
I will venture down there sometime though , I hear the women are prettier and the beer is colder... (even though I gave up drinking I am willing to buy a lady a beer)
 
I've heard you can shoot fleeing felons in TX also say if some one is stealing your car you can shoot them even if they're no threat.
Click to expand...

Technically you can do this in a lot of states. However, your still going to need a lawyer as you will almost certainly get charged. This is a situation where you are not going to get a free pass.
 
You can use deadly force in Texas at night if it is necessary to prevent the theft of or recover your stolen items; the fruits of the crime.

Even though this was an armed robbery, the same principle might apply. Deadly force would be justified if you were in fear of death or serious bodily harm immediately prior and during the armed robbery. It might also be justified afterward; not in defense of person, but to recover or prevent the removal of assets - being stolen at night.
------------------------------------------------

http://ussliberty.org
http://ssunitedstates.org
 
gunsmith, contrary to the Internet ("my source, the Internet" Peggy Hill, citizen of the Republic of Texas), Texas is not a magic land where the rule of law does not apply and you can shoot anyone for any durn reason you reckon. :D

If someone is merely running away, one cannot use deadly force. If you believe that the assailant still poses a threat to you or others as he is running away, deadly force may be justified. That's the law, even beyond the borders of Texas where self-defense shooting was invented. ;)

Hard to tell what happened here. First reports (especially if generated from the media) are always wrong. Wait and see.
 
The criminal wan't running away, he was just changing his angle of attack :neener:
 
I hope the shooter doesn't get charged.

On the other hand, once the other guy turns tail, it is time to call the cops and calm down. Let the police look for the guy- shooting the punk ain't gonna be worth the trouble.
 
"Shot running away" is not a good thing. My CHL instructor says the first words from your mouth after a shooting should be " I want my lawyer". After that make like the tar baby and don't say nothing. I suppose if you must say something, its "I was in fear for my life". This sounds real shakey the way it was reported. Hope the guy comes out OK. Best not have left assailant alive seems to me. What finally happened??
 
I used to be opposed to the notion of shooting people for stealing property but I'm coming around to the point of view that the huge overwhelming numbers of property thieves are meth heads who want to fence the goods to finance their next high. This being the case, perhaps shooting them is the best thing, takes them out of their misery. :rolleyes:
 
Bet the Pizza Guy won't get the same treatment in Texas as he'd get in Washington, MA, NY, KA, etc., etc., ad infinitum. There's a principle known as "prosecutorial discretion". D.A.'s are elected in Texas. Maybe he'll be prosecuted; maybe not; I like his chances, myself. Should have shot quicker/better. Dead men tell no tales. (And yes, I do think that the value of the Pizza was greater than the value of the life of the Pizza thief)
 
gunsmith depends on where you look. :D
With no beer glasses you should do fine. Or at least not wake up
surprised :eek:

Let see if he gets to keep his job though. A lot of jobs have a no resistance
policy. Even if it is your watch or walet the BG want. :fire:
 
Texas is not a magic land where the rule of law does not apply and you can shoot anyone for any durn reason you reckon
Click to expand...

I thought " He needed killin' " was a valid defense to prosecution here ;)
 
If someone is merely running away, one cannot use deadly force. If you believe that the assailant still poses a threat to you or others as he is running away, deadly force may be justified. That's the law, even beyond the borders of Texas where self-defense shooting was invented.
Click to expand...

§ 9.42. DEADLY[0] FORCE[0] TO PROTECT PROPERTY. A person is
justified in using deadly[0] force[0] against another to protect land or
tangible, movable property:
(1) if he would be justified in using force[0] against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly[0] force[0] is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force[0] other than deadly[0] force[0] to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

Now...this is not hearsay...it's the law here in Texas...God Bless Texas! I've talked to well over a dozen police officers who tell me, essentially, at night, if a property crime is about to be committed, is being committed or has been committed against you, just make sure that they are dead. This lessens the chances of a civil suit.
 
There is no such thing as a uniform law across the country regarding the use of deadly force. One states OK is anothers indictment.

In Texas, as shown above, it is legal to shoot the fleeing felon.

But the rules are different everywhere.

I do like that Texas law though. :D

The advice to shut up is good advice in any case, especially when there is more than one side to the story.
 
Ghost, well, I spent a little time in Texas and I see pizza parlors on every intersection so I would think both A and B would not apply here over a mushroom pizza and money. :D

It depends, of course, as I know media is always wrong. Important thing is to correct this "free fire zone de Tejas" notion I see on the Internet and recoil in horror. Think it should be the mission of THR to correct these notions. :cool:

BTW, FYI, depending of course, the dead CAN sue. :uhoh:
 
The Dead

Contary to your statement the dead can never sue... though their estates might do so. :D

That said, few if any amublance chasers in Texas will take such a suit on contengency (the only way such suits are every prosecuted) because the chance of prevailing is so small... I watch this carefully and I can only think of one civil suit prevailing in the past 7-8 years... and that one was pretty aggregious.

Many would be surprised how many states actually allow the use of lethal force to defend property under some circumstances... though the fact is not widely known to many who only watch TV for information.

In Texas evil dooers would be advised to work in the day... the night is substantially more dangerous... which is the case in many states... crimes in the night being considered more serious than in the day.

FWIW

Chuck


Ghost, well, I spent a little time in Texas and I see pizza parlors on every intersection so I would think both A and B would not apply here over a mushroom pizza and money.

It depends, of course, as I know media is always wrong. Important thing is to correct this "free fire zone de Tejas" notion I see on the Internet and recoil in horror. Think it should be the mission of THR to correct these notions.

BTW, FYI, depending of course, the dead CAN sue.
 
Status
Not open for further replies.

Similar threads

K
  • Locked
Charlotte NC - Pizza Delivery Driver Shoots/Kills Robber
Replies
17
Views
2K
cpttango30
C
LaVere
  • Locked
Pizza deliverman shoots robbers
2 3
Replies
61
Views
2K
The Unknown User
T
A
  • Locked
Pizza Delivery Man Shot but Continues Route
Replies
6
Views
742
Double Naught Spy
Double Naught Spy
D
  • Locked
(NC) Pizza man, robber exchange gunfire
Replies
17
Views
992
Bear Gulch
B
JackBurtonJr
  • Locked
Armed pizza deliveryman fights off 3 robbers, wounds one
Replies
24
Views
2K
BruceRDucer
B
Back
Top