Air 11 was over the scene shortly after the gunfire erupted. Investigators say a man came here with his friends to pick up his maroon Dodge Charger after a repair job. The owner of the shop and the man started arguing over the cost. Things quickly escalated.
https://www.khou.com/article/new ... b-bbc2-8987062415e5
Houston police responded to the scene of a shooting at about 1:15 p.m. in the 2100 block of Gessner at Hammerly. Police said a customer and the car shop owner had an argument over payment. Things escalated when the owner's relative joined the argument. At one point shots were fired, striking the customer and the owner's relative.
https://abc13.com/houston-crime- ... n-gessner/11173867/
What does Texas law say about the use of warning shots to stop a mere trespasser? First, what does it mean to be a "mere trespasser?" This means that the person trespassing on your land has not committed any other criminal offense and has not attempted forceful and unlawful entry into your home or another structure on your property. The individual is simply on your land without authorization. What's the best course of action? Let's start with what you absolutely shouldn't do: don't go outside and fire a warning shot into the air. If you do, you could be arrested for a serious felony. While you won't find the word "warning shot" in the Texas Penal Code, Texas courts are likely to consider such a shot as a use of deadly force. Texas law defines deadly force as force capable of causing death or serious bodily injury. There is a very strong argument that all firearm discharges, including warning shots, constitute deadly force because of the inherit design of firearms. Additionally, firearms by definition are a deadly weapon. Regardless of where the barrel is pointed, when it comes to a warning shot, we have seen many people arrested for the felony offense of aggravated assault with a deadly weapon. Additionally, at trial it is an uphill battle to obtain justification as a defense because the law does not allow the use of deadly force against a mere trespasser.
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发表于 2022-2-8 14:39
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