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Thread: My Self Defense Nightmare

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    Last edited by Dangime; 06-21-2012 at 12:09 AM.

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    Why did you talk to the cops???

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    FRAT

    :what:

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    Never, never, never say anything to the police except I want to speak to a lawyer. I invoke my right to remain silent.
    ‘‘Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.’’ Thomas Jefferson

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    What's the DA's name & Docket/case number?

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    10-040

    Ken Sparks

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    i think u probably shouldnt have gone back downstairs after u got ur rifle bc u were going into the threat. i know i probably would end up doing the same but it was a bad idea and now the lawyers are using it against u.



    maybe ushould have stayed in ur bedroom with ur rifle and called the police?

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    Dangime wrote:
    10-040

    Ken Sparks
    Thanks.

    What court district?

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    I'm not certain. It would be whatever Colorado County falls under.

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    I am not seeing a Texas murder trial with a hung jury that fits thisdescriptionwhen I google the information in the story above. "SKS", "Uncle", "murder" or "farm".

    If you want credibility you need some details which enable verification. Otherwise this just strikes many as an elaborate imagination.

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    Last edited by Dangime; 06-21-2012 at 12:15 AM.

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    Regular Member Jack House's Avatar
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    If I may ask, what was the argument used to prosecute you?

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    Last edited by Dangime; 06-21-2012 at 12:14 AM.

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    Regular Member Jack House's Avatar
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    Why are they saying it was not justified?

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    Last edited by Dangime; 06-21-2012 at 12:13 AM.

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    It is a little odd that this story isn't being told in the papers much but maybe the area just doesn't do that the way we are used to the big city papers doing through a trial.
    You can piece together more of the background and controversy by reading the comments section (see below) regarding this incident. Much of it is family bickering and character sniping about the alleged alcoholism and violence,as well as the inevitable after-the-fact proclamations of sainthood. Only one person seems to have offered any type of rational comment about the shooter being a nice guy as well. There is also the one comment that the plea was changed from self-defense to "a lesser charge" with a lower penalty (second degree?).

    Apparently the family is pushing the community for a max sentence.

    http://www.topix.com/forum/city/weim...TEASMCN13R5R8I

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    We don't see all the evidence and facts, and only have one side of the story.

    From the authorities point of view, you shot an unarmed man, in a house that he had just as much right to be in. Also, you didn't really flee, since you went armed back to the front door and had a reasonable expectation of encountering your uncle. That doesn't sound like someone who is afraid for their life, it sounds confrontational.

    If I was the DA I would have brought it to trial too, and I've only read your side of the story.

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    10A wrote:
    We don't see all the evidence and facts, and only have one side of the story.

    From the authorities point of view, you shot an unarmed man, in a house that he had just as much right to be in. Also, you didn't really flee, since you went armed back to the front door and had a reasonable expectation of encountering your uncle. That doesn't sound like someone who is afraid for their life, it sounds confrontational.

    If I was the DA I would have brought it to trial too, and I've only read your side of the story.
    I agree for the most part, except the part about him being unarmed. It generally doesn't matter if he's armed or not. The typical guideline to follow is immediate protection of your life, or the life of another in your presence.

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    Aaron1124 wrote:
    10A wrote:
    We don't see all the evidence and facts, and only have one side of the story.

    From the authorities point of view, you shot an unarmed man, in a house that he had just as much right to be in. Also, you didn't really flee, since you went armed back to the front door and had a reasonable expectation of encountering your uncle. That doesn't sound like someone who is afraid for their life, it sounds confrontational.

    If I was the DA I would have brought it to trial too, and I've only read your side of the story.
    I agree for the most part, except the part about him being unarmed. It generally doesn't matter if he's armed or not. The typical guideline to follow is immediate protection of your life, or the life of another in your presence.
    That varies from State to State. In Alabama, for instance, you can use deadly physical force if you reasonably believe that someone is committing or is about to commit assault in the first or second degree.

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    never, never never never, never talk to the cops

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    Since 2007, probation was not an option in any kind of murder trial.


    You were told wrong. The sentence range for murder is either 1-99 years, or life. If the sentence is for less than 10 years and the defendant has no priors, he is eligible for immediate parole with no time served.


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    Regular Member rodbender's Avatar
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    Something is amiss here. In Texas if someone enters your home, and you have a reasonable fear of death or bodily injury, you can use deadly force. Got a feeling that he is not coming forward with the whole truth.

    http://www.statutes.legis.state.tx.us/?link=PE

    Can't find it exactly, but this is where to look.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    Rodbender,

    You're going by the "perfect world" version of things.
    The way the system works now, the uncle could've been armed to the teeth & foaming at the mouth, & the other person would still be crucified.

    That's why it can't be said enough - anytime you go out have a recording device with you. Otherwise all someone has to do is say you did something and you can end up behind bars.

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    Regular Member rodbender's Avatar
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    While I agree with everything you say, I'm not going on a perfect world scenario. I'm simply telling what the castle doctrine in Texas says.

    I still think he ain't telling the whole story.
    The thing about common sense is....it ain't too common.
    Will Rogers

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    Last edited by Dangime; 06-21-2012 at 12:12 AM.

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