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Preparedness for a home invasion

Dannyalcatraz

Schmoderator
Staff member
Supporter
Part of that was the directive was from a 911 dispatcher. They did not have 'lawful authority" to issue him an order, and thus "stay in the car" wasn't binding.

A loophole, though really it was Zimmerman's chance for simple advice and best practice to be heard and listened to.

While it is true that dispatchers are civilians, not officers, and their directives do not have the same weight, it is also true that disobeying their orders can open you up for liability.

1) It takes you from being uninformed and puts you on notice that what you are doing or about to do may have serious repercussions. You're starting to get into de facto "reckless disregard" territory.

2) this is bad enough under criminal law, but it could REALLY hose you in a civil lawsuit, where the standard of proof is so much lower.

Add to all that, in some rare circumstances, the dispatchers' supervising police officer may also jump on the line to intervene, giving orders with the full force of law.

Bottom line: it's usually bad to disobey orders such as Zim was given.
 

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Janx

Hero
According to the wiki page, he was cleared by a grand jury, so he didn't even have to go to trial. If he did lose his house, it doesn't seem like a bad trade-off. Kill two people, pay some money and walk away? Not bad... not bad at all.

I'd say your stance implies that what Joe Horn did was wrong, and that he "got away with murder". I really don't mean to put words in your mouth, just that's how it reads to me.

In my view, if those 2 guys were stealing something, they deserved to be shot. And they were. The law says so. Has some mincy conditions on when and where, but that's quibbling about physics and proximity of moving objects.

In which case, Joe Horn, in doing the right thing, lost his home. Not exactly a win. And blowing his whole wad on a grand jury which is "not a trial" is a pretty hefty cost.

I doubt he set out to murder 2 people when he woke up that day. He was an old retired guy. Not set to start over from scratch.
 


Janx

Hero
Looks like Texas is challenging Florida for stupid self defense claims.

that's another story from a few years back. Not sure what happened, but it would seem like if the student just knocked, they'd side with him.

Bear in mind, Texas is also the state where a father caught a farm hand molesting his daughter and he beat the pedo within an inch of his life.

the father didn't get arrested.

That's what deadly force in Texas is supposed to be for. Have a criminal being bad right in front of you? Kill him. Get a parade.
 

I'd say your stance implies that what Joe Horn did was wrong, and that he "got away with murder". I really don't mean to put words in your mouth, just that's how it reads to me.
You read it correctly. I believe he got away with murder. I believe that what he did was wrong.

In my view, if those 2 guys were stealing something, they deserved to be shot.
That's pretty extreme, isn't it? You steal something from a house where there was no one, and that means you deserve to be shot and killed? What if it had been a kid stealing a pair of shoes from a shoe store? Would you say the store employees would be right in shooting the kid?
And they were. The law says so. Has some mincy conditions on when and where, but that's quibbling about physics and proximity of moving objects.
Some laws are written badly, as the Florida, and apparently Texas, SYG laws show.

In which case, Joe Horn, in doing the right thing,
I disagree. If the two guys had broken into Joe's home, then sure, he has at least a reason to fear for his life and defend himself by shooting the two guys. But that's not what happened. What happened was an old guy called 911 and told the dispatcher “Well here it goes, buddy. You hear the shotgun clicking and I’m going” after the dispatcher had told him not to go outside. This is a guy that decided he wanted to play hero and killed two guys that stole some stuff from an unoccupied home. To you he may have been doing the right thing. To me? Not so much.

lost his home.
Good. Two other guys lost their lives.
Not exactly a win.
Did he go to jail? Nope. If you don't call killing two guys and getting off a win, I'm not sure what to tell you.
And blowing his whole wad on a grand jury which is "not a trial" is a pretty hefty cost.
Right, so losing your house is a fair punishment for killing two people, but stealing something means you deserve to get shot and killed? Doesn't really seem proportionate to the crimes, does it? Did the two burglars deserve to be punished? Of course they did. Killed? No. Arrest them and send them to jail. That's a punishment for burglary. Kill them for stealing a few things? Pretty damn extreme punishment.

I doubt he set out to murder 2 people when he woke up that day. He was an old retired guy. Not set to start over from scratch.
Well then maybe he should have stayed inside and not gone out to play hero. It doesn't really matter if he woke up that morning and set out to kill two people. The second he said “Well here it goes, buddy. You hear the shotgun clicking and I’m going," he was determined to shoot. So, if he lost his home? Doesn't really bother me. He lost his life savings? I don't really feel sorry for him. Two guys lost their lives, and Joe got to keep his freedom. He should feel lucky. And hopefully, one day, when Joe gets angry at someone, that person doesn't turn around and pop a few bullets in Joe's face. Then Joe can feel lucky that some people can be responsible gun owners that don't go out trying to play hero.
 

that's another story from a few years back. Not sure what happened, but it would seem like if the student just knocked, they'd side with him.
I tried Googling it, but I couldn't find the particular case. I did find a bunch of stories of a bunch of kids getting killed for minor things. Also, it seems Subway's Jared was really into kids.

Bear in mind, Texas is also the state where a father caught a farm hand molesting his daughter and he beat the pedo within an inch of his life.

the father didn't get arrested.
That's actually more understandable. Although, I'm a bit surprised that the father wasn't arrested for not having a gun and killing the guy.

That's what deadly force in Texas is supposed to be for. Have a criminal being bad right in front of you? Kill him. Get a parade.
So Texas law promotes vigilantism?
 


Ryujin

Legend
I tried Googling it, but I couldn't find the particular case. I did find a bunch of stories of a bunch of kids getting killed for minor things. Also, it seems Subway's Jared was really into kids.

That's actually more understandable. Although, I'm a bit surprised that the father wasn't arrested for not having a gun and killing the guy.

So Texas law promotes vigilantism?

This is the story I was talking about. I was wrong; it was Louisiana.

http://www.nytimes.com/1993/05/24/us/acquittal-in-doorstep-killing-of-japanese-student.html

I was getting it mixed up with a similar story that happened shortly afterwards, involving a Scottish national. The second story is mentioned at the bottom of the Wikipedia article about the first:

https://en.wikipedia.org/wiki/Death_of_Yoshihiro_Hattori
 

Janx

Hero
So Texas law promotes vigilantism?

Yes, with conditions that the crime happens right in front of you. No batman suits. No hunting down your prey.


Police are very bad at actually stopping crime. They're are lousy at catching burglars.

If you see a crime happening, you are the First Responder. You can run, or you can fight.


If your goal is to stay alive, you should always run. CHL training and martial arts agree on that. Fighting entails risk (physical and legal).

But the law says you can take a bite out crime (at some legal risk, depending on the jury).

Since this is Texas, everybody here knows everybody has a gun (stereotype). So anybody doing crime knows they can get shot. They do it anyway.
 

Yes, with conditions that the crime happens right in front of you. No batman suits. No hunting down your prey.


Police are very bad at actually stopping crime. They're are lousy at catching burglars.

If you see a crime happening, you are the First Responder. You can run, or you can fight.


If your goal is to stay alive, you should always run. CHL training and martial arts agree on that. Fighting entails risk (physical and legal).

But the law says you can take a bite out crime (at some legal risk, depending on the jury).

Since this is Texas, everybody here knows everybody has a gun (stereotype). So anybody doing crime knows they can get shot. They do it anyway.
Maybe Texas should invest money into improving its police force rather than relying on guys like Cowboy Joe to go around shooting people.
 

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