I think the problem is Cosby is coming up with a scenario that we have no idea happened. He is making an assumption that there isn't enough evidence to prove out. It's part of the problem with a case like this when the only eye witness besides the shooter is dead.But I think, like many people, he's still a little unclear on how Florida law works. He has touched on what a lot of people seem to be claiming is a contradiction in self-defense law: "The guy with the gun can defend himself, but can't the guy getting followed by the guy with the gun defend himself?"
Yes... of course. If the guy with the gun is acting like an aggressor. In fact, in the case, the guy getting followed has the right to defend himself and the guy with the gun has NO such right. Zimmerman would be guilty of murder in that case.
So I don't see how that's a problem with the law. It's very logically spelled out.
Correct.I think the problem is Cosby is coming up with a scenario that we have no idea happened. He is making an assumption that there isn't enough evidence to prove out. It's part of the problem with a case like this when the only eye witness besides the shooter is dead.
I'm not an expert on texas law but I think that is if you are IN the car when they are trying to break in.This thing reminds me of a scenario in Texas law where a gun battle can have no guilty party.
If a man is trying to repossess your car he doesn't have to tell you or present papers, he can just break into the car and drive it back to the dealership. Under the castle doctrine, if someone is breaking into your car you can shoot them to protect it. If you come out of your house and point a gun at him, the repo man can shoot you out of self defense because he's doing nothing wrong and you're trying to kill him. So the winner will literally be the man that doesn't get killed.
I don't think so. I believe Texas law has been changed so you can defend your actual property with deadly force and not just your person when you happen to be on your property.I'm not an expert on texas law but I think that is if you are IN the car when they are trying to break in.
Typically, you can never use deadly force to protect property only. My understanding is that the castle doctrine was extended from homes to vehicles, but, like, so that it means if you are in the vehicle, you don't have to retreat to your home.
I don't think it means you can take pot shots out the window of your house at someone jacking your car.
He's right. The vehicle has to be occupied to be considered part of your "castle". You can't shoot someone for breaking into your vehicle if you aren't in it. You also can't shoot someone for just being on your property unless they present a threat to you or your family's life and then the stand your ground law supersedes. Your property isn't defined as part of your habitation in the state of Texas.I don't think so. I believe Texas law has been changed so you can defend your actual property with deadly force and not just your person when you happen to be on your property.
WOW that is some bullshit right there.When You Can Kill in Texas
By Miles Graham, Time Magazine.Com
On Christmas Eve in 2009, Ezekiel Gilbert paid an escort he found on Craigslist $150 for what he thought would be sex. Instead, according to the San Antonio Express-News, 23-year-old Lenora Frago left his apartment after about 20 minutes without consummating the act. Gilbert, now 30, followed her to a car with a gun and shot her in the neck through the passenger-side window. Frago became paralyzed, and died about seven months later. Gilbert admitted to shooting her but contended that he did not intend to kill.
Gilbert was tried for murder. Last Wednesday, a Texas jury ruled that his actions were legal. That’s because Texas penal code contains an unusual provision that grants citizens the right to use deadly force to prevent someone “who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property.”
QFT[big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read]
[big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read][big block of text no one will read]
As Bluestar pointed out, you are mistaken. He posted the whole law, but here's the important part.I'm not an expert on texas law but I think that is if you are IN the car when they are trying to break in.
Typically, you can never use deadly force to protect property only. My understanding is that the castle doctrine was extended from homes to vehicles, but, like, so that it means if you are in the vehicle, you don't have to retreat to your home.
I don't think it means you can take pot shots out the window of your house at someone jacking your car.
The scenario I posited before satisfies these requirements.Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force 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 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.
Weird that it doesn't say what she was supposed to have stolen.WOW that is some bullshit right there.
His $150.Weird that it doesn't say what she was supposed to have stolen.
Well then if you are the repo man you better announce your presence and hand out your business card with an address on it, because then no one can claim that the use of force would be "immediately necessary." Because the would-be shooter would know who you are and where you are located if for some reason you didn't have the right to the car, so they could just call the police to get it back.As Bluestar pointed out, you are mistaken. He posted the whole law, but here's the important part.
The scenario I posited before satisfies these requirements.