Could have used a warning

[MtnMax/Magniac]

[FONT=&quot]“He could have used a warning..."[/FONT]

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[FONT=&quot]From WTTC News in Dallas, we get this heartwarming tale of a long-time criminal, 33, named Deyfon Pipkins, who tried to climb in a window of a home.

[/FONT][FONT=&quot]The elderly owner inside saw him and fired one shot, ending Deyfon's criminal career.

As the police do, they came by, gathered the corpse, then went to notify Deyfon's family of his timely demise. It seems that the family was upset though, because they showed up at the scene.

“He could have used a warning," Lakesha Thompson, Pipkins' sister-in-law, said. "He could have let him know that he did have a gun on his property and he would use it in self-defense."

COMMENT FROM THE SIDELINE: "That's certainly true, Lakesha. He could also have invited him in and given him a beer, then helped him cart the TV out to the curb.

Unfortunately for Deyfon, Texas is a Castle Doctrine state, and the homeowner chose to shoot Deyfon, as it is right and proper to do.

For that matter, Lakesha, you could have warned Deyfon "Deyfon, you need to quit breakin' into those peoples houses and stealin' they shit. Someone is goin' to pop a cap in yo' ass!"

http://www.theglobaldispatch.com/el...y-says-he-should-have-gotten-a-warning-27782/


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[sdt354]

Maybe that was a warning shot lady. A warning for your other friends and acquaintences that might try to exploit the supposedly unprotected, weak, and elderly targets. "Poor Deyfon, he never meant no harm" DSAF Did society a favor. God Bless Texas. God help Massachusetts!

 

[Rusty McNeil]

I love my home.

On a related note; this week in Houston a guy at a redbox movie stand had his car keys taken at gun point car while he was out of it.
The suspects entered the vehicle and were driving away, he pulled his gun (CCL) and shot through the door and glass of his car as it was driving off, killing one and wounding another.

http://www.chron.com/news/houston-t...cking-victim-may-not-face-charges-4808963.php

The headline is particularly demonstrative of how liberal and left leaning the Houston Chronicle is, in that it sort of implies he could or should face charges, there's about a 99.9% chance he will not face charges based on Texas Statutes particularly here in Harris County, other parts of the State have Grand Juries that some times issue indictments that defy Legal Statutes, our County rarely does so.


What I find particularly interesting is this is going to be a test of a section of Texas Penal Code rarely court tested...

9.42 section (3) a

http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.9.htm



Stating basically that tangible movable property can be defended or recovered using deadly force if the discovery of the theft is in "hot pursuit" and there is no other reasonable alternative or expectation of recovery of the property other than deadly force. Fear of life is not needed to justify the force.

In this case the guys were already leaving the scene so there is no reasonable case for "fear of life" leaving it to stand on "defense of property" alone.

This section is not often court tested as in most cases the more reliable, palatable to the public at large and much more court tested "fear of life" statute is also in play and is used in lieu of the defense of property statutes.

The case was referred to a grand jury to decide if charges are warranted, which is automatic in Texas, the promising part is that it was referred w/o charges, it is the DA's option to file charges prior to the grand jury's examination of the evidence.

I will be watching closely to see if our statutes really mean anything to the grand jury.

The last time I remember this coming up was back in about 1984 when a homeowner shot through the back glass of a repo mans tow vehicle, early hours of the morning hitting him in the head and killing him instantly. The Repo man didn't knock or present repo orders, just did a hook and go. Turns out it was under Repo orders, but "rules are rules"

The DA at the time cited the above statute, did not file charges ( nor did the grand jury) and stated "Don't act like a criminal and you won't be treated like one"

 

[Tex85]

Just more reasons for me to try and end up in Texas.

Sent from my Nexus 4 using Tapatalk 4

 

[one2dmax]

He can argue on the basis that he feared for his life in the future since they likely had access to his home since they had his car, probably house keys, and address (probably on documents in the glove box). That worked for a guy in our area years ago.

Sean

 

[Langley182]

I don't understand the mindset of someone who would ask for a warning! So what.... It is ok to rob someone if they don't have a gun? Life must be pretty terrible if that is what their thoughts are.

 

[ragdog2011]

I love this town

 

[jfeagins]

And if Obummer had a son, I bet he'd be just like little Deyfon Pipkins. Regular chip off the ole' DNA tree, that one. Simply trying to redistribute someone's wealth.

 

[Blurr]

And if Obummer had a son, I bet he'd be just like little Deyfon Pipkins. Regular chip off the ole' DNA tree, that one. Simply trying to redistribute someone's wealth.

Bud, I have to say something about this. If you want to run down the mindset of a man or even a group, I have no trouble with that. Anyone can chose to better themselves or blame others. Both mindsets are found in all races.

To say it is a product of DNA, or race I take real offence. I have no love for Obama, his policies, or actions. I support the right to protect your own, with lethal force if necessary. I do not accept that any man is inherently inferior or another is superior.

 

[Dr.n2o]

God bless Texas ! I wouldn't mind packin up the family at some point and head down that way. It's pretty much carved in stone. "Don't touch anybody's shit and you won't get shot" very simple

 

[woodsman30]

In New York they do not want you to defend your property. They want you to leave if someone breaks in..wait what?:ummm:
As far as a warning did this upstanding fellow give a warning to the home owner leting them know he was going to rob the place?

 

[06VMAXIMUS]

Bud, I have to say something about this. If you want to run down the mindset of a man or even a group, I have no trouble with that. Anyone can chose to better themselves or blame others. Both mindsets are found in all races.

To say it is a product of DNA, or race I take real offence. I have no love for Obama, his policies, or actions. I support the right to protect your own, with lethal force if necessary. I do not accept that any man is inherently inferior or another is superior.

I believe Jim was just joking on his comment and meant no offense....

 

[fltinstructor]

Deyfon Pipkins didn't warn the homeowner he be out shopping his house that day. He picked the wrong house to pilfer that day. JUSTICE served! :clapping:

 

[Rusty McNeil]

Hey, I'm using tapa talk.

Occasionally when someone quotes and comments all I get is the quote but no comment.

Fitinstructor was the latest example.

Any ideas?

 

[MtnMax/Magniac]

Hey, I'm using tapa talk.

Occasionally when someone quotes and comments all I get is the quote but no comment.

Fitinstructor was the latest example.

Any ideas?

Don't know if it's the same problem, but on my Mac sometimes if it looks like there is no text, I can get it by dragging my mouse over the text area to highlight it, then the text shows up. Don't know how you could do that with tapatalk.

 

[WVxNitemare]

His text is white.... barely noticeable.. try changing your tapatalk settings

Sent from my SGH-I747M using Tapatalk 2

 

[m-cman]

Hey, I'm using tapa talk.

Occasionally when someone quotes and comments all I get is the quote but no comment.

Fitinstructor was the latest example.

Any ideas?

Happens to me all the time. I use the white background setting. People using the dark background ofter use white lettering which doesn't show up. I just triple/multiple click on the seemingly blank area and it shows up.