IANAL Warning: That last shot? I believe it turned it into a murder. There was no longer an ongoing threat.

A god lawyer could have made the case that he kept shooting after the dumb bastard criminal dropped the gun because he did not see it. But once he picked the pistola, the clock was reset and there is no legal defense for that last shot in my non-legal opinion.

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By Miguel.GFZ

Semi-retired like Vito Corleone before the heart attack. Consiglieri to J.Kb and AWA. I lived in a Gun Control Paradise: It sucked and got people killed. I do believe that Freedom scares the political elites.

5 thoughts on “Houston Taqueria Shooting: One shot too many”
  1. Technically you are most probably right. This is wherever I would give the guy the benefit of the doubt because the cadence of his shots didn’t change. I would be in agreement if it were a solid minute between the second to last shot, him picking up the robber’s gun, and theaters shot. Definitely if he reloaded. But in the adrenaline rush of an incident like that and tgr fact it all wend down in seconds, I’m inclined to spare him. I know we have to be extra careful as CCWs but this is one of those where the intent didn’t seem to be murder as much as it was making sure the badguy was stopped. I really hope a jury (or maybe a judge) sees it this way and acquits him.

    1. Yeah, my rule of thumb is to give the good guy a benefit of the doubt. He hasn’t spent time working himself up to go into a place and threaten to murder people, and he certainly didn’t have time to think things through, even with that last shot.

  2. Agree with you Miguel. An anti-gun DA, or someone looking to get political points with the anti-gun crowd will go for manslaughter charges on this one. The jury may not see it that way, but it will still cost the defendant a TON of money.

  3. This will be an interesting case because it happened in Houston Texas. This city is more leftist than it is conservative, but not by much. And I can’t help but consider the fact that he was probably already dead after the initial nine shots so that the last one didn’t cause death—not sure if that can be determined in an autopsy or not. A jury from that city would not be one I would want to face.

  4. I counted 5 shots ‘too many’ after the [alleged] perp was down. 4, a pause, and then 1 more.

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