Stand-your-ground/self-defense laws at issue in Houston gas station shooting

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  • SHORT-N-SASSY
    Warrior
    • Apr 2013
    • 629

    Stand-your-ground/self-defense laws at issue in Houston gas station shooting

    HPD: Rifle-toting woman kills man outside gas station in SE Houston (http://www.khou.com/news/local/Argum...216412611.html). Click-on news story's accompanying video, which poses the question, "Does 'Stand Your Ground' Apply"?
  • MrDraco
    Warrior
    • Jul 2011
    • 205

    #2
    There's really not enough information at this time to make a decision and too many questions. But right imo, stand your ground doesn't apply.

    She said he made sexual advances. Was he just hitting on her or did he try to sexually assault her before she went for the rifle? Did the knife come into play before or after she threatened to get the rifle? From what I could see in the video, it looked as if he didn't make a move towards her until she was already pulling out the rifle. In which case it could be argued that he did so in an attempt to disarm her for fear of his life. The way she was acting, circling him with the rifle lowered, taunting him it didn't look to me like she was in too much fear for her safety. Personally I wouldn't even classify this as self defense either. One punch isn't enough to kill you, and she wasn't even knocked down to the ground. She was standing a clear car and a half lengths away from him and he wasn't approaching her when she shot him.

    Comment

    • bwaites
      Moderator
      • Mar 2011
      • 4445

      #3
      Guys, be very careful. Stand your ground is only peripherally a 2A issue. It may be construed to include 2A, but it isn't really a direct issue. This video can be construed as a 2A issue, so if the conversation stays focused on that, I'll be pretty lenient.

      Lets not get into the whole debate of whether or not "stand your ground" laws are appropriate.

      Comment

      • Kikn
        Warrior
        • Nov 2011
        • 689

        #4
        Not to add to the fuel... but there are reports that she fired at his foot before he swung at her. And after watching the vid. he certainly pics his foot up quickly before he punched....

        Doesn't look like SYG to me.

        Comment


        • #5
          The video does support one of the main back-story Second Amendment pillars of a polite society, in that the weaker citizens have common access to a "great equalizer".

          In this case, a woman who was reportedly being threatened by a knife and umbrella-wielding perpetrator stood her ground with a rifle, of all things, and the hood rat came out on the losing end of the encounter.

          Looks like a really bad area to get gas in, which unfortunately for many, is what they have. Opponents of private firearms ownership would have been happy with a different outcome, although it's difficult to define the logic or end state of an outcome where one person uses unjustifiable violence to exert their will on another.

          Comment


          • #6
            Most gun owners are not fully trained in the law. But then neither are most LEOs. What would the courts rule on how you conduct yourself in a shooting? While LEOs have a bit more room to use force, to display weapons, even then they are forced to go through a shooting review board that is much like a Grand Jury panel.

            It might make situations a bit more "just" if every shooting had to go in front of a Grand Jury. If nothing else, just to reassure you that you made the right decision.

            Comment


            • #7
              Maybe in Texas she'll be alright. Just looking at the video, I'd have a hard time with it. What the witness said that the guy was mad at the world, more likely that she walks and he got what he was asking for. Her taking a picture of the dead guy and driving off - not real smart.

              Comment

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