my Aldabra Buddy was Assaulted!

mike taylor

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Nope you can't just kill people because they are in you r yard . You can but you'll go to the big house or spend all the money you have staying out of jail.
 

Saleama

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Two of those conditions were met in this case. While it may not look like it on the surface, a court of law in this state would not convict someone protecting their pet who is in a protected screened in are from the intentional harm being done in this video.
 

jaizei

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Last time I checked you could in fact shoot someone in your back yard in Texas.

It is not that simple. There are a number of circumstances that can mean the difference between justified or not. Including time of day.
 

jaizei

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The paraphrased criteria you quoted apply to the 'castle doctrine' portion of the law, i.e. protection of persons in their occupied homes, cars or workplaces. The part you should have referenced is as follows:


SUBCHAPTER D. PROTECTION OF PROPERTY



Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

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

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.
 

Mini

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I'm finally back on line after 5 days of my home email being messed up. Thanks to all reply's and learning there is more than one way to shoot an inturder and keep out of jail. Iv'e learned the as*kicking is much easier if your'e a bug guy! haha
Thanks to Mike for Buddy's future enclosed home! I am so glad I am a prt of this big tort site with so much usefull info!
Buddy thanks all of you as well!
Buds-face.JPG
 

ALDABRAMAN

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I'm finally back on line after 5 days of my home email being messed up. Thanks to all reply's and learning there is more than one way to shoot an inturder and keep out of jail. Iv'e learned the as*kicking is much easier if your'e a bug guy! haha
Thanks to Mike for Buddy's future enclosed home! I am so glad I am a prt of this big tort site with so much usefull info!
Buddy thanks all of you as well!

* Mini, does buddy have space with grass, etc.?
View attachment 77399
 

Dorrie Siu

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Geeze I hope he doesn't come back and try that again. With stuff like acid. That would be horrible.
 

Mini

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Yes, he does.... augustine and bermuda mix. Also on weekends I walk him across the street into my neighbors HUGE back yard that has no landscaping and its all GRASS!
Guess how long it taks a tort to cross the street?... 15 minutes! hahaha And yes, the grass is greener on the other side.
 

Saleama

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The paraphrased criteria you quoted apply to the 'castle doctrine' portion of the law, i.e. protection of persons in their occupied homes, cars or workplaces. The part you should have referenced is as follows:


SUBCHAPTER D. PROTECTION OF PROPERTY



Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

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

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.
I would say it is that simple. Me to a jury of my peers: A person I do not know jumped into my back yard at night and launched a potentially deadly attack at my pet. I defense of my property, my life and that of my pet I shot and killed the POS. Jury to me: Did you feel like your life or the life of your pet was in danger? Me: Yep. Jury: Not guilty.
I am sorry I do not have time to google the law while me and mine are under a potentially deadly attack. I would have to act quickly and sort the other stuff out after I have made sure me and mine are safe.
 

Mini

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Any updates on Buddy and the situation? Were you able to get a more detailed police report?
From the 2 page report, 1st page only listed my name & addr and person living behind me, his name & addr. The 2nd page listed the narrative
"On April 11, 2014, Friendswood Officers were dispatched to the 300 block of Parkwwod Village Drive in reference to
an animal control issue".
Nothing else, didn't even put the punks name that was visiting the renters daughter. I talked to them both while they were aoutside about 1 pm that day. Then around 4:30 pm... he climbs my 8 foot fence and assults Buddy. Insignificant report!

Since both our houses are on the corner. I drive by there house all the time now. I have 4 survelance cameras on 24/7, motion detection and alarm alerts. It stores 21 days of information.
 

jaizei

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I would say it is that simple. Me to a jury of my peers: A person I do not know jumped into my back yard at night and launched a potentially deadly attack at my pet. I defense of my property, my life and that of my pet I shot and killed the POS. Jury to me: Did you feel like your life or the life of your pet was in danger? Me: Yep. Jury: Not guilty.
I am sorry I do not have time to google the law while me and mine are under a potentially deadly attack. I would have to act quickly and sort the other stuff out after I have made sure me and mine are safe.

A responsible gun owner is aware of the law beforehand.

This latest narrative is not relevant to the situation in this thread (it seemed to occur during day light hours) nor to your comment that spurred this conversation. This narrative is not the same as "Last time I checked you could in fact shoot someone in your back yard in Texas." Under the law, I don't believe deadly force is justified for mere trespassing, and unless it's obvious the person was intent on committing one of the crimes listed, the onus is on you to prove that deadly force was justified. You could point to cases like Joe Horn or Ezekiel Gilbert but I wouldn't hang my life on it.
 

mike taylor

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Thats what I'm screaming! Jaizei I have my CHL and they go over what you can and can't do . There is a law on the books in Texas that if you take cattle you can hang . Does that mean that if someone takes your prized cow you can hang them? No! There is also a law that you can't shoot people in your backyard to protect meter readers . Now it's different when someone is trying to break into your back door . You can and need to purchase insurance to protect yourself when and if you have shoot someone. Because how the laws are you have to prove without a reasonable doubt that you were in fear for your life . There is people in prison now for this .
 

Mini

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I love guns... they deter others from making stupid choices. and if they choose stupid, one less gene in the stupid pool.
Hey - lets get off this law subject and remember that I posted this video for a reason, to be aware of your surroundings and never trust anyone.
And that Buddy is awsome! From now on... I will be watching 24/7.
 

mike taylor

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On guard! Are you walking back and forth your back door with your shotgun? Ha ha just kidding! Hey onto better things . I got the floor finished on your tort house . Will be putting it together tomorrow . Then I can cut the tortoise door . Should be ready by next weekend hopefully .
 

Mini

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On guard! Are you walking back and forth your back door with your shotgun? Ha ha just kidding! Hey onto better things . I got the floor finished on your tort house . Will be putting it together tomorrow . Then I can cut the tortoise door . Should be ready by next weekend hopefully .

Thank you so much Mike! We will definately take pictures of the event when Buddys new house arrives!
 
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