Home Main Category Personal Defense

Poor choice by thug, pays the price - homeowner kills intruder

samzheresamzhere BannedPosts: 10,923 Senior Member
Well, the scorecard again shows 0-1 for baddies who choose the wrong house to break into. A short item, just the basics -- Homeowner awakened by 3am breaking of glass, goes to investigate, "fears for his life" and shoots, kills the intruder. Oops!

http://www.chron.com/news/houston-texas/houston/article/HPD-SE-Houston-homeowner-fatally-shoots-5864096.php

The county and state are saved a few thousand bucks in prosecuting, convicting, then early releasing the criminal so he can commit more crimes. Oh, well...

Replies

  • gunwalkergunwalker Member Posts: 479 Member
    Hope the grand jury has the good sense to rule "justified"
    We do not view the world as it is, but as we perceive it to be.
  • TeachTeach Senior Member Posts: 18,428 Senior Member
    It's Texas- - - - -I believe the grand Jury usually buys the homeowner a box of ammo!
    :applause:
    Jerry
  • jaywaptijaywapti Senior Member Posts: 4,993 Senior Member
    Too bad not all states are not like Texas.

    JAY
    THE DEFINITION OF GUN CONTROL IS HITTING THE TARGET WITH YOUR FIRST SHOT
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    Teach wrote: »
    It's Texas- - - - -I believe the grand Jury usually buys the homeowner a box of ammo!
    :applause:
    Jerry

    That's pretty much how it is.

    For those who may not know the Texas law regarding self defense shootings, ALL intentional, non-accidental killings are required to go before a grand jury, regardless of whether the evidence shows clearly it was justified self defense.

    Sequence is: 1) police investigate and send their findings, with recommendations for indictment or not, to the county attorney. 2) county attorney then decides whether to recommend charges to the grand jury but regardless, if the shooting was intentional and not accidental, the case must still go to the grand jury. 3) grand jury then may choose to indict or not, regardless of the county attorney's recommendation.

    But for such cases as this (assuming the evidence points to a "good" shoot as the prelim account indicates), 1) police decide this is justifiable self defense and send their evidence to the county attorney with recommendation to not proceed with an indictment, 2) county attorney rubber stamps this finding and sends the case to the grand jury with recommendation for no indictment, and 3) grand jury rubber stamps this as well, and the grand jury then buys the homeowner the box of ammo plus a coupon for advanced self defense classes at a local range. The county also validates the homeowner's parking tag. (ha ha)
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    Is it not called a " no bill " when the DA decides not to press charges ?
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    DoctorWho wrote: »
    Is it not called a " no bill " when the DA decides not to press charges ?

    Yes. It's a "nobill" or "no bill" I don't know which is the "official" term.

    Or, maybe, it's the grand jury that "nobills" the person? I dunno. Lemme think... (always a dangerous tactic)...

    "Nobill" is short for not returning a "bill of indictment" which is the formal term for indicting someone. So... with that logic, it's the grand jury that either returns the indictment or not (the county attorney or DA cannot indict anyone for a felony, only a grand jury can, at the behest of the county attorney). btw, in Texas it's the "county attorney" while in other states it's the district attorney (DA). Same thing.

    Therefore it must be the grand jury that "nobills" or "no bills" the person. Make sense?
  • snake284snake284 Senior Member Posts: 22,429 Senior Member
    DoctorWho wrote: »
    Is it not called a " no bill " when the DA decides not to press charges ?

    I think No Bill is when the Grand Jury doesn't file charges. But maybe the DA can do it also, I'm not sure.
    Daddy, what's an enabler?
    Son that's somebody with nothing to do with his time but keep me in trouble with mom.
  • snake284snake284 Senior Member Posts: 22,429 Senior Member
    samzhere wrote: »
    Yes. It's a "nobill" or "no bill" I don't know which is the "official" term.

    Or, maybe, it's the grand jury that "nobills" the person? I dunno. Lemme think... (always a dangerous tactic)...

    "Nobill" is short for not returning a "bill of indictment" which is the formal term for indicting someone. So... with that logic, it's the grand jury that either returns the indictment or not (the county attorney or DA cannot indict anyone for a felony, only a grand jury can, at the behest of the county attorney). btw, in Texas it's the "county attorney" while in other states it's the district attorney (DA). Same thing.

    Therefore it must be the grand jury that "nobills" or "no bills" the person. Make sense?

    Sam, I think when the DA decides not to press charges that is a decision he reaches by looking at the evidence presented and the circumstances of the charges. If the DA decides to press charges it goes to the grand jury.
    Daddy, what's an enabler?
    Son that's somebody with nothing to do with his time but keep me in trouble with mom.
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    snake284 wrote: »
    Sam, I think when the DA decides not to press charges that is a decision he reaches by looking at the evidence presented and the circumstances of the charges. If the DA decides to press charges it goes to the grand jury.

    In most cases you are correct. But in Texas, ALL intentional non-accidental killings are required to be presented to the grand jury, regardless of how "clean" the shoot was. That's state law. It's out of the CA's (county attorney's) hands for such events.

    With a "good shoot" the case is perfunctory, as in the case I posted. Nevertheless the grand jury still is required to "take the case" -- in situations like a "good shoot" however the CA presents the case without proferring charges.
  • Gene LGene L Senior Member Posts: 12,331 Senior Member
    A Grand Jury typically hears all felony charges and returns either a "True Bill" or a "No Bill." In rare and extraordinary cases, a "Direct Indictment" can go through the court system, but it's rare...such as when the Statute of Limitations would be exceeded by going through the Grand Jury system.

    After three "No Bills," the charges are dropped forever. That's in GA, but it's likely universal.

    Edit: Grand Juries can also hear cases where guilt or innocence is unclear, like in Ferguson. Investigative Grand Jury.
    Concealed carry is for protection, open carry is for attention.
  • 104RFAST104RFAST Senior Member Posts: 1,281 Senior Member
    You have to be dumber than a box of rocks to break into a possibly occupied residence in
    of all places TEXAS, what are ya thinking ! I think most thugs have zero understanding of
    the "Rules of engagement" in the FREE States
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    What about a genius that tries to hold up a gun store full of coffee drinking LEOs with a pellet gun ? heck, I was there! All those LEOs fighting like dogs over a beefy bone for the collar, even the PONY cops were at it !
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    Gene, your info regarding grand juries where you live is very similar to what it is in Texas, too.

    I'm unsure about the 3 tries law however, but it does sound familiar.

    The only issue I'm certain about is how Texas law deals with intentional taking of a life. All of these are required to be presented to the grand jury by the county attorney. The CA however may choose to not ask for any charges and push for a no-bill. And as in most other jurisdictions, the grand jury rubberstamps the CA's wishes. Not always though.
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    104RFAST wrote: »
    You have to be dumber than a box of rocks to break into a possibly occupied residence in
    of all places TEXAS, what are ya thinking ! I think most thugs have zero understanding of
    the "Rules of engagement" in the FREE States

    This has always surprised me, too, especially within the last few years, with so many homeowners being armed (and in Texas as well as in many other southern or southwestern states) the homes have been armed for generations.

    But anybody who watches the nightly local news can see that there are plenty of break-ins where the homeowner shoots and often kills the intruder, and that police don't file charges.

    You'd think the thug would reconsider the plan. But nope.
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    DoctorWho wrote: »
    What about a genius that tries to hold up a gun store full of coffee drinking LEOs with a pellet gun ? heck, I was there! All those LEOs fighting like dogs over a beefy bone for the collar, even the PONY cops were at it !

    That happened here in Houston a couple years back, and amazingly the robber didn't get shot by 4 or 5 of the gun store employees, but disarmed and held for the cops to come.

    Dumbest thug story I can remember however (I think I've told this before) was this downtown cop bar called "Kuffs" (now closed) but a typical small city bar, long bar inside, pool table at the back, etc. And they had all sorts of cop stuff in the window, posters and targets and photos of cops, and inside, the wall was plastered with cop photos and newspaper clippings, plus badges and whatever.

    But mid-afternoon, despite the bar's name and all the cop stuff on display, this thug comes inside, a small pistol, and begins to take the wallets of all the plainclothes cops sitting at the bar, working his way down the line. And when he got to this one homicide cop, the cop dropped his wallet on the floor, and the thug bent over to pick it up, and that was when the cop drew his .38 snubbie and shot the guy in the back of the head.

    Oh, well...
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    I read a blog alleging that minorities are forced into a life of crime because white folks will not give them jobs, so they have to break into homes only to be shot by the same Texas gun lovers that refused to give minorities jobs in the first place !

    They make excuses for murderers too, and did you see the reaction the family of Hearn the car jacking murderer had ? Falling down in grief and wailing over the verdict as if he were an innocent school kid falsely accused.
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    How about a challenge coin for successful personal defense encounters ?
    They don't have to pay for drinks !
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    DoctorWho wrote: »
    How about a challenge coin for successful personal defense encounters ?
    They don't have to pay for drinks !

    We could ask Al Sharpton to donate to this fund, too.
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    That Cop in Cincinnati would qualify for a challenge coin, he survived a personal defense encounter with his own dumb self, a close encounter of the Clown kind !
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
  • shootbrownelkshootbrownelk Senior Member Posts: 2,035 Senior Member
    samzhere wrote: »
    We could ask Al Sharpton to donate to this fund, too.

    Yes indeed Sam, he can surely afford it. After all, he evidently doesn't have to get current on the 4+ million dollars that he owes to the IRS. As O'bummer has probably waived his taxes owed due to his new job as O'Bummers personal "Race relations Advisor". And doing a wonderful job at it.
  • DoctorWhoDoctorWho Senior Member Posts: 9,496 Senior Member
    The IRS will likely settle for pennies on the dollar of what Sharpton actually owes, it probably will be reduced to $ 400,000 or less, and it will be neatly covered by his supporters and slush funds etc.........
    "There is some evil in all of us, Doctor, even you, the Valeyard is an amalgamation of the darker sides of your nature, somewhere between your twelfth and final incarnation, and I may say, you do not improve with age. Founding member of the G&A forum since 1996
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