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Witness: Man angered by Texas deputies in yard killed them

7 Comments

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In Texas, you have the right to protect your property with deadly force.

Legally, if the Deputies didn't have a warrant to be on the property, then they should have left immediately when asked. In a small town, I'd expect they weren't too worried about being shot by a neighbor, but that neighbor might have been a drug dealer, human trafficker, or may have run into issues with people who were.

Texas Penal Code - PENAL § 9.42. Deadly Force to Protect Property

A person is justified in using deadly force against another to protect land or tangible, movable property:

(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

What is reasonable belief will be debated in court. I don't think Jeffrey Nicholas will be found innocent based on the facts in the article. Certain people have a reasonable cause to be on property - like the power & water company meter reader, and certainly the animal control employees.

Eden looks to be a place where 2 US highways cross (they have a traffic light!) and a Dairy Queen exists. Best have a pickup truck there.

In most of the US, carrying a gun in the open is fine. It is certainly 100% fine on your own property anywhere in the US if you aren't a convicted felon, or have been found mentally unstable in court. Most cities have laws against shooting on your property, unless you or your family is being threatened with deadly harm. Protecting property is seldom a reason to allow deadly force. In my Texas Law class, we joked that if we shot someone outside the house, to pull them inside to make it appear we feared for our lives.

4 ( +4 / -0 )

Another good guy with a gun.

3 ( +3 / -0 )

Good ole Texas....

Where everyone can carry a gun - just like a pair of sunglasses...

And have a showdown with the Law, just like the Old West...

Don't you feel safe?

2 ( +2 / -0 )

Another good guy with a gun.

nobody said he was that. its just a misrepresentation of that argument. A good guy with a gun is one who will use it to defend themselves their families or others when necessary.

0 ( +2 / -2 )

What do people not understand about “get off my property, I am armed”?

-1 ( +2 / -3 )

@ sophia

I believe he was protecting his property. Hill style.

-1 ( +0 / -1 )

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