shooter444 said:
Not a good shoot, but a good story
#1 Post by smithers599 » Yesterday, 4:46 pm
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I read it and reread it, but, I just can't figure how this was " "NOT A GOOD SHOOT...",... help me out guy, what was bad about this shoot?
thanks
Reasonable question.
First, let's define "good." If "good" means "I'm glad she shot the son of a bitch," then this was a good shoot. We are all glad she shot the son of a bitch. But if "good" means "legal," then it's problematic.
Arizona's Justification statute says that the shooting must be "immediately necessary." As noted in the article, and by Steve_in_29 above, we don't know if she was shooting through a screen door, or a glass door, or an opaque door. We don't know if the door was locked. We don't know if the guy was just banging on the door and yelling, or if he was a second away from getting in. If she was safe inside, and just shot because she was scared, then the shooting was not "immediately necessary."
However, this happened in Texas, so let's look at the Texas statute on Justification:
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is [highlight=yellow]immediately necessary[/highlight]:
(A) to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, [highlight=yellow]or was attempting to enter unlawfully and with force[/highlight], the actor's occupied habitation, vehicle, or place of business or employment;
If a psycho is attempting to break in, even with "force" (banging on the door vs. using an axe?), TX law says the presumption of "immediately necessary" is reasonable. (AZ law does not have that language.) But it doesn't say it is reasonable, just that it is presumed to be legal. A presumption is not a conclusion; a presumption can be rebutted. If the prosecutor proves to the jury that it was a strong door with a strong lock and the psycho was attempting to enter ineffectively, then the presumption can be overcome.
Second, as the article pointed out, and Steve_in_29 wrote, the shooting might have been justified, but still reckless. In the AZ CCW outline, the example is shooting back at an active shooter/gangbanger who is trying to kill you (you are justified), but you just do a mag dump in the general area while the psycho is standing in a crowd of innocent bystanders (you are reckless). The reason Shotgun Joe Biden was ridiculed when he advised us to "fire a couple blasts through the door" is that you might miss the psycho and hit the neighbor across the street, or the police officer responding to the 911 call. Generally, the Biden Technique is not a good idea.
Seems to have worked out well for her here, though.