Road rage ends in shooting

[spidey07]

Don't want to get shot? Don't go barging up to somebody's car, bang on their window and try to open the door. By law if you do that, the occupant can legally shoot you - you have given them the green light to pull the trigger. Hope the victim makes it through this ok. In texas and many other states your vehicle is the same as your home and castle doctrine applies if they try to enter or break in.

http://www.chron.com/news/houston-t...-shooting-at-NW-Harris-County-gas-3871363.php

The woman told investigators the man left his truck and ran toward her driver side door. He was yelling and hitting on the door and tried to open it, she told investigators.

The woman shot the man, striking him in the chest. The woman, whose name has not been released, remained at the scene after the gunfire. Investigators were interviewing her.

 

[eits]

Don't want to get shot? Don't go barging up to somebody's car, bang on their window and try to open the door. By law if you do that, the occupant can legally shoot you - you have given them the green light to pull the trigger. Hope the victim makes it through this ok. In texas and many other states your vehicle is the same as your home and castle doctrine applies if they try to enter or break in.

http://www.chron.com/news/houston-t...-shooting-at-NW-Harris-County-gas-3871363.php

well, in the article, it says the victim died at the scene... so...

 

[Apple Of Sodom]

well, in the article, it says the victim died at the scene... so...

No. The victim defended herself and shot the aggressor. I hope she comes out unscathed, as well.

 

[spidey07]

No. The victim defended herself and shot the aggressor. I hope she comes out unscathed, as well.

Bingo.

 

[paulney]

A spokesman for the family, the Rev. James Dixon, said the man was enraged.

I have that nagging feeling when reverends get involved as spokespeople.

 

[eits]

No. The victim defended herself and shot the aggressor. I hope she comes out unscathed, as well.

she made sure she wasn't the victim by pulling out her piece and shooting the dude.

he was a victim of self defense.

my question = she couldn't just drive away? wtf?

 

[edro]

They better find fingerprints on the car door, or have witnesses... otherwise, charge her with murder.

Castle doctrine only counts if they enter your house.
You can't shoot a Jehovah's witness for standing on your porch (without notice).
Likewise, you can't shoot a road rager for standing outside your door and yelling at you.

 

[SpatiallyAware]

They better find fingerprints on the car door, or have witnesses... otherwise, charge her with murder.

Castle doctrine only counts if they enter your house.
You can't shoot a Jehovah's witness for standing on your porch (without notice).

Not in my state.

We had a case where some young guy followed a man into his neighborhood for cutting him off. The man stopped his car, the young guy got out and walked towards the car threatening to kill him.

The man pulled out his gun and shot the kid. No charges filed.

 

[spidey07]

They better find fingerprints on the car door, or have witnesses... otherwise, charge her with murder.

Castle doctrine only counts if they enter your house.
You can't shoot a Jehovah's witness for standing on your porch (without notice).

Wrong. Castle doctrine applies if they ATTEMPT to enter illegally. If somebody is trying to break into your house (and by extension, your car) you can shoot. They don't have to be in, just attempting to enter.

Trying to break the window of the car or opening the door would be attempt to enter or remove her from her home/vehicle = good shoot.

Also, yes you CAN shoot at a road rager shouting at you. If they say anything like "I'm going to drag you out of the car and knock your head off", that's assault and would cause any reasonable person to fear for their life.

 

[Gooberlx2]

They better find fingerprints on the car door, or have witnesses... otherwise, charge her with murder.

Happened at a Shell gas station, so I'm betting there will be video of the incident as well. If the guy is indeed pounding on the door and trying to force it open, sounds justified to me.

 

[edro]

Also, yes you CAN shoot at a road rager shouting at you. If they say anything like "I'm going to drag you out of the car and knock your head off", that's assault and would cause any reasonable person to fear for their life.

I agree with the "trying to enter", but you better have proof or you will lose in court.

Also, I call bullshit on your response above.

You cannot, IN ANY STATE, use deadly force on someone because of verbal threats, unless they are armed.

 

[Platypus]

so be honest, how hard is your dick right now after reading that story, spidey?

also: good shoot as a tag? lol

 

[CPA]

I have that nagging feeling when reverends get involved as spokespeople.

Dixon's not the best person to be involved in this since he has a conviction of assaulting his wife just a couple years ago. lol.

 

[edro]

I know this isn't an official site, but it echos my knowledge of the matter (and common sense, which even Texas has).

http://www.concealandcarryhq.com/

However, there are some general guidelines to keep in mind:
You must believe an intruder intends to inflict serious harm on you or your family.
You must believe an intruder intends to commit a felony in your home.
You must not first provoke the intruder or threaten harm.
Your intent must be to protect yourself or anyone else in your residence.
You need to announce your presence and intention to retaliate before using deadly force.

 

[CPA]

Seems like the man busted her window (photo in the article) and stated in the article.

But, you have to wonder if that's true. If she shot him, it was probably through the closed window. So did he shatter it or did her bullet?

 

[edro]

Stand your Ground clause:

The stand-your-ground law is used for the purpose of self-defense with several guidelines:

A law-abiding resident or visitor of a home can legally presume a threat of bodily harm or death from an intruder in a residence or vehicle and may choose to use defensive force, including deadly force, for self-protection.
In another location where a person has a right to be, they are not required to retreat if they are attacked and may use deadly force if they believe that it will prevent death or bodily harm to themselves or another person.
A person using deadly force under the law is immune from prosecution and can’t be arrested, unless there is proof that the use of deadly force was unlawful.
If charges are pressed, and the court finds the person to be immune based on the stand-your-ground law, they will be awarded the court costs of defense.

 

[paulney]

Shooting in the car without ear protection? She probably ruptured her eardrums.

 

[edro]

It should be noted that I have a CCW and am normally fully in favor of gun ownership and your right to defend yourself.

It just seems like this lady had numerous other options than to use deadly force.

If the man actually broke her window, IMO, she should be allowed to shoot him.

 

[SandEagle]

I have that nagging feeling when reverends get involved as spokespeople.

let me guess...a Christian was involved?

 

[Red Squirrel]

Shoot now, ask questions later.

Though it sounds like the guy was an asshole to begin with and acting in a threatful manner. I would have just pointed the gun in hopes the person stops, while waiting for the police to arrive. (you don't want to leave the scene of an accident).

 

[Mixolydian]

Sounds like she was justified. Move along, nothing to see here...

 

[Sephire]

Is it too soon to whip out the race card?

 

[highland145]

Justified shooting? Hmmm, sometimes women drives PISS YOU OFF.....FTL for this guy.


Just sayin'

 

[highland145]

Is it too soon to whip out the race card?

Oh, hell no. You aren't going to pin this on the black glock .40. Flawless.

 

[wirednuts]

sounds like she shot before he had a chance to see the gun and react. something tells me this will be an ugly trial and she will get 2 years for manslaughter.