Father shoots drunk driver after he runs over his sons .

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shadyhollownj":xtgbyv94 said:
Justice was served swiftly unlike the justice system in this country that is going to imprison a grieving father.

Maybe not. Jury will have to sentence him, and may have the option of ruling "justifiable homicide".
Unless it has changed, the Texas Castle Doctrine Statute says a man's castle extends to his vehicle and to his place of work if that place of work is his own business.
 
Sure bad deal regarding his other kids that might not have a dad now. They should let him go since he only took the drunk guy's life once, the drunk still owes him a life.

As far as "crime of passion" statutes go, I don't know how this wouldn't be a prime example of such. I still wouldn't be in my right mind.

This will put some perspective in my day.
 
greybeard":80qs9qh3 said:
shadyhollownj":80qs9qh3 said:
Justice was served swiftly unlike the justice system in this country that is going to imprison a grieving father.

Maybe not. Jury will have to sentence him, and may have the option of ruling "justifiable homicide".
Unless it has changed, the Texas Castle Doctrine Statute says a man's castle extends to his vehicle and to his place of work if that place of work is his own business.

Castle is not going to help him here, it doesn't apply to traffic accident's.
That is a pretty rough area in Alvin as well.
http://www.rc123.com/texas_castle_doctrine.html
 
Caustic Burno":2krjdh7k said:
greybeard":2krjdh7k said:
shadyhollownj":2krjdh7k said:
Justice was served swiftly unlike the justice system in this country that is going to imprison a grieving father.

Maybe not. Jury will have to sentence him, and may have the option of ruling "justifiable homicide".
Unless it has changed, the Texas Castle Doctrine Statute says a man's castle extends to his vehicle and to his place of work if that place of work is his own business.

Castle is not going to help him here, it doesn't apply to traffic accident's.
That is a pretty rough area in Alvin as well.
http://www.rc123.com/texas_castle_doctrine.html
I've read it, and had it explained to me in detail by attorney.
The only mention of traffic accidents refers to the person who would be doing the shooting--the actor
(Actor (shooter) is justified provided:)
"3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used."

In regular language, that means that Castle Law applies as long as the "king" of his castle isn't doing any criminal activity beyond a minor (class C) traffic accident.
Depends how the DA happens to interpret the law tho.
 
I don't think the Castle Law defense will work in this case, either. That's like hunting down the burglar after the fact. The temporary insanity defense should be a nice fit, tho.
 

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