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Pazuzu Pazuzu is online now
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Join Date: Apr 2008
Location: Houston TX
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This is going to be an interesting case. On one hand, it seems quite obvious that he used excessive force, at a time when he was no longer in danger. On the other hand, OK seems to have some very simplistic requirements on justifiable homicide:

http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=69324&date=

"Homicide is also justifiable when committed by any person in either of the following cases:

1. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is; or,

2. When committed in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, when there is a reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished; or,

3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace."

Was the robbery in this case a felony? I'm interested in #3 myself...murder is justified if it occurs while attempting to apprehend a felony suspect. Would this *only* apply to police? Can a citizen "apprehend" someone?
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Old 06-01-2009, 01:54 PM
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