US Navy SEAL's dog killed in Texas

[ThePhantomOak]

Originally Posted by Blaumann

So, what would happen to the guy if he actually shot four people, because they shot his dog?

I am thinking nothing.

It happened in Texas where it is legal to shoot someone about to commit criminal mischief on your property. It is also legal to shoot someone who is trying to get away after committing criminal mischief.





If you recall a guy a few months ago in Texas killed people on his neighbors property by shooting them in the back. That was said to be legal because his neighbor was not home to do it himself.

[ThePhantomOak]

Originally Posted by Rob71

If he did it in his yard he'd probably be fine, they were armed. But after chasing them down and driving them into a ditch, it would depend on the prosecutor. They did threaten his life after all. Although I can't imagine they would be able to find a jury to convict him, I wouldn't.

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, theft during the nighttime or criminal mischief during the nighttime






TEXAS CONCEALED HANDGUN LAWS PC: §9.51. 49

(1) if he would be justified in using force against the other under

Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal
mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.






I think he just was not in the mood for killing more people. Likely has seen enough in his day.

[SPH]

He made the right call to detain them only. If he was going to whack them he would have had to do it in his yard on the spot. Once they flee the scene they are no longer a direct and immediate threat to his life or property, and it would no longer be a "lawful shoot"


The law is the law regardless what you status is as a war hero, a seal, a recon Marine, whatever. You are bound to a higher standard than some basic home owner protecting his rights, you had better have your chit squared away to go and thump some guys, or shoot them. Because you are held to a higher standard. In a sense (and as corny as it sounds) you are a weapon system, and are expected to use restraint.

Seals that I have met can speak a couple languages have a very high IQ and intellect, and do not get emotional as the movies would like to have you think. Our special warriors are a special breed, and use their heads and not just the brawn.

[brettallica]

Originally Posted by SPH

He made the right call to detain them only...

:bravo:

That is the only right call in this situation.

[jkwest]

Originally Posted by SPH

He made the right call to detain them only. If he was going to whack them he would have had to do it in his yard on the spot. Once they flee the scene they are no longer a direct and immediate threat to his life or property, and it would no longer be a "lawful shoot"


The law is the law regardless what you status is as a war hero, a seal, a recon Marine, whatever. You are bound to a higher standard than some basic home owner protecting his rights, you had better have your chit squared away to go and thump some guys, or shoot them. Because you are held to a higher standard. In a sense (and as corny as it sounds) you are a weapon system, and are expected to use restraint.

Seals that I have met can speak a couple languages have a very high IQ and intellect, and do not get emotional as the movies would like to have you think. Our special warriors are a special breed, and use their heads and not just the brawn.

and thats why they are who they are...this guy was smart..he would have done some time.

I feel so sorry for him.

[ThePhantomOak]

Originally Posted by dpomp

military members aren't held by the same "Law" as civilians. we're held back by the UCMJ. i'm sure there's something in there that says we can't kill people.

either way, it's best to not chase down a car full of guys and shoot them because they shot your dog. they'll get more pain living through the prison life if you know what i mean than they would from a quick death by a bullett.

The UCMJ does not cover inactive or retired military.

[fighthefutureofhd]

Originally Posted by ThePhantomOak

I am thinking nothing.

It happened in Texas where it is legal to shoot someone about to commit criminal mischief on your property. It is also legal to shoot someone who is trying to get away after committing criminal mischief.





If you recall a guy a few months ago in Texas killed people on his neighbors property by shooting them in the back. That was said to be legal because his neighbor was not home to do it himself.

this is true and sadly wrong too. the law needs to be looked at. a musician by the name of carter albrecht was killed by his girlfriend's neighbor one when he was banging on the neighbor's door. the neighbor thought he was an intruder and fired up hoping it wouldn't hit carter and scare him away. instead it killed carter. carter had been on chantix and had a few drinks. he got into a fight with his girlfriend and she was able to lock him. he went banging on his girlfriend's neighbor's door thinking it was her house. the neighbor thought he was an intruder. in the end the neighbor was never charged with anything and in some areas was hailed a hero. here's the full story:
http://www.nytimes.com/2007/09/05/us/05dallas.html


texas is odd. great, but odd.

[dpomp]

Originally Posted by ThePhantomOak

The UCMJ does not cover inactive or retired military.

didn't read the article. sorry i thought he was still in by what i did read.

carry on.... shoot away!

[ThePhantomOak]

OK, the facts are that this guy COULD have shot these turds at any point and been within his rights in Texas.

IF he shot them he would likely only have been detained until they sorted out who the four were.

Once he is off his property, they are fleeing immediately after committing crime against his property. Dogs, Graffiti, Picking apples off his tree, all covered.

While they are still on his property, they are in the act of committing a crime against his property (trespassing).

After he ditched their car, he was within his rights to kill them after they threatened to come back and kill him when they got out.



Texas law (and most states with a stand-your-ground law or Castle-law) leave it up to the individual's personal values to determine if it is OK to shoot or not.



Personally, in all likelihood, I would have let the cops handle it also, because I dont fancy killing people any more than must be done. I assume his reasoning was unfamiliarity with the law, or his pension for killing was low.

Now, if they raped my kid or something, it would be on like donky kong.

[jkwest]

Originally Posted by ThePhantomOak

Now, if they raped my kid or something, it would be on like donky kong.

son, thats a whole nuther ball o' wax...

free game, IMO...

[ThePhantomOak]

Originally Posted by fighthefutureofhd

this is true and sadly wrong too. the law needs to be looked at. a musician by the name of carter albrecht was killed by his girlfriend's neighbor one when he was banging on the neighbor's door. the neighbor thought he was an intruder and fired up hoping it wouldn't hit carter and scare him away. instead it killed carter. carter had been on chantix and had a few drinks. he got into a fight with his girlfriend and she was able to lock him. he went banging on his girlfriend's neighbor's door thinking it was her house. the neighbor thought he was an intruder. in the end the neighbor was never charged with anything and in some areas was hailed a hero. here's the full story:
http://www.nytimes.com/2007/09/05/us/05dallas.html


texas is odd. great, but odd.

A guy from a Marine forum i post on went missing one day. Turned out he was killed by his girlfriends dad in almost the same way. He had just graduated from his Infantry training (ITB) and a bunch of us went to his boot camp graduation. Very sad, and with racial undertones (the family was Muslim and the kid was Sikh, iirc).

[VinnAY]

Marcus Luttrell's book "Lone Survivor" is a great read. I didn't see his name anywhere in this thread, I'm assuming the "SEAL who was a lone survivor in Afghanistan"..is Marcus Luttrell.

[ThePhantomOak]

Originally Posted by VinnAY

Marcus Luttrell's book "Lone Survivor" is a great read. I didn't see his name anywhere in this thread, I'm assuming the "SEAL who was a lone survivor in Afghanistan"..is Marcus Luttrell.

The picture of his book is on the OP.

Yes, you are assuming correctly.

[WyldeMan45]

Originally Posted by O_V_N

Lower than child molestors? I think Hell's deepest and nastiest spots are reserved for them.

Most of the sick degenerates who abuse children always start with animals. The statics show that 80% of people who abuse animals also abuse their families emotionally and physically. It's the same disgusting low class breed that should be castrated by way of high caliber pistol.

[cajmoyper]

Originally Posted by Purplegrasshopper

The four losers should have been shot. In Texas, you are allowed to shoot and kill someone on your property if your life is threatened. They shot his dog, and they threatened him; he is fully covered under the law to smoke their asses.

Dogs hold a special place amongst humans. They are completely innocent, love unconditionally, are fiercely loyal, and only ask for a little of your attention in return. I pity the fool that comes to my house looking to do harm to my dogs.

After reading this, I can't wait to see my pooch. What else can be said about this? SEALs are the badest of bada$$es and you shouldn't ever threaten anything SEAL-related.<period

[fighthefutureofhd]

Originally Posted by ThePhantomOak

A guy from a Marine forum i post on went missing one day. Turned out he was killed by his girlfriends dad in almost the same way. He had just graduated from his Infantry training (ITB) and a bunch of us went to his boot camp graduation. Very sad, and with racial undertones (the family was Muslim and the kid was Sikh, iirc).

that's sad. the tragic thing about the musician is the prescription drug he was is known to have really nasty side effects that do some bad things to you. it's partly what caused him to go nuts like he did. the drug is used to help kick the cigarette habit. it should be pulled.

[MLK]

i wouldve gone charles bronson on all of them. people that get kicks outta doing this sort of stuff dont deserve to live

[supersix4]

Originally Posted by Rob71

If he did it in his yard he'd probably be fine, they were armed. But after chasing them down and driving them into a ditch, it would depend on the prosecutor. They did threaten his life after all. Although I can't imagine they would be able to find a jury to convict him, I wouldn't.

lol hed have gotten off it I was lead Prosecutor

[Rob71]

Originally Posted by supersix4

lol hed have gotten off it I was lead Prosecutor

Shows the professionalism of our soldiers though. Had his dog shot and after he chased them down and held 4 armed men till the police got there. Even after a death threat.

[PH3AR]

Originally Posted by WyldeMan45

People who harm or kill animals are the lowest life form to me, and I wouldn't hesitate to empty my .45's into them.

+1 as as strong dog lover, i hated this story and anyone that harms dogs are a pieces of s***...example Michael Vick!