Murder or self defense?

A good lawyer could probably get that down to manslaughter.

I only mentioned the affair to explain why the victim showed up at the house of a third party. Just explains why the ex-wife was at that house and why the victim was there picking up his child.

Legal self defense like Rittenhouse, Arbery or Travon Martin, this victim saw a gun, went aggressive on the gunman, and was shot (sorry mixing the murderers and victims)…

Legally this could be self defense. Maybe even more than those cases, where the gunman created the situation from the onset. Here he reacted to it

As to calm, yes not sure how we react, but if I am shot in front of my wife, I want some tears

I don’t doubt that tears and hysterics came after the initial shock. The video just didn’t go long enough.

also, in the article it sounds like the wife of the victim falsely thought it was a stun gun and didn’t realize he was dead.

i’m not sure the victim “created the situation”. wasn’t he just there to pick up his kid per the custody agreement? seems like he was supposed to be there. are you saying he created the situation by yelling? i’m not really seeing it. seems the ex-wife created the situation by not abiding by the custody agreement.

Situations can be created by more than one person at the same time. Acutally, they usually are…

hmmmm, yeah, i still think the shooter dude is guilty, but texas law might not agree with me. just another reminder why texas sucks.

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FTR, the shot was made at point blank range, very likely the “bullet hole” for entry and exit are very small. I’ll see about watching the video more closely later today. I’ve seen the video once w/o sound.

Shooter guy escalated a situation that wasn’t threatening at all. I’m not sure what, exactly, he was protecting.

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I don’t think that the Texas self-defense law is going to be effective given that the victim had a legal right to be there on the property.

As such, the property owner had an obligation for the victim’s well-being, IMO. I don’t think it’s going to go well for the shooter. Not going to go well for the ex-wife, either.

Man-slaughter at the very least. Satisfying all the criteria for a murder conviction may not be feasible given that the victim did attempt assault.

Main reason for not seeing blood? Poor camera angle; and once down, the blood is going to collect (gradually) under the body; not on top.

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Eleven days after the shooting, the Lubbock police dept released a statement that they had transferred the case to the Texas attorney general’s office. Probably the right thing to do since a local judge is in the midst of divorce proceedings with the shooter.

The Texas attorney general is Ken Paxton. That’s a familiar name to people who follow US politics.

this bitch is an awful mother destroying her kids, but likely too stupid to realize what an awful mother she is.

Yep. change the venue, put them in a parking lot and his walking away then coming back with a gun then the escalation is on him.
They had other means by simply going inside their house. Then the victim (of the shooting) if he pursues is clearly at fault.

The confrontation by the victim, chest bumping, may be interpreted as a threat I guess.

Non case specific: The problem I have with stand your ground type interpretations for self defense means escalation can be weaponized to legally murder. For example, If I verbally confront a politician in public and the body guards place hands on me can I kill the body guards?

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If that’s not murder, there is something terribly wrong with the way the law is written.

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Section 9.31 here: PENAL CODE CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

I refuse to watch this fucking video

Wow as of that local news video he hasn’t been charged with anything at all.

If it’s true that the victim was there per a custody agreement, I feel like that should hurt the “intruder” argument. He showed up where he was supposed to be, right?

It kind of scares me if the self defense law is that lenient. A guy breaking into your home is one thing but if it’s just anyone on your property yelling - especially when they’re there for a legitimate reason- that’s crazy.

If some kids are throwing eggs at your house on Mischief Night, and they’re on your property, can you shoot them in self defense? They’re intruding your property, doing something probably illegal, and could be frightening you, I guess.

This is not 1st degree murder, but it’s certainly some sort of murder. Maybe 2nd Degree

From Cornell Law:

Typically, second-degree murder is defined as murder that is not premeditated , or murder that is caused by the offender’s reckless conduct that displays an obvious lack of concern for human life.

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I would support shooting those little assholes. That’s not comparable to this situation.

everyone here seems to be talking about the victims presence on the property. I don’t believe that matters

Asshole gets gun, for no reason other than he is an asshole (Zimmerman, Rittenhouse, McMichael) - all apply.

Victim, challenges the gunman, in this case bravado, (at least in two of the other three attempt at survival), grabs at the gun. THAT, is where the self defense comes in. Once the victim tries to get the weapon, these stupid laws open it up to be self defense.

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