Was this a justified shoot?

[nostatic]

Originally Posted by Jeff Higgins

Any man is morally justified, if not compelled, to shoot a fleeing rapist caught in the act.

so in this case, a guy who wasn't raping her is dead and that is justified? The guy is judge, jury and executioner?

You've been living on the compound too long...

[legion]

Originally Posted by nostatic

so in this case, a guy who wasn't raping her is dead and that is justified? The guy is judge, jury and executioner?

You've been living on the compound too long...

Did you read the article Todd? She was screaming "rape" and he tried to flee with her in the bed of the truck. Given the information the husband had at that point in time, he made the right decision.

[nostatic]

Did you read my earlier comments? I said in this case he was likely justified and the shooter is not to blame.

Jeff made a blanket statement that a man has a moral obligation to kill someone who has committed a rape. In this case a man was killed but he committed no rape.

We have a judicial system for a reason.

[Gogar]

She screamed RAPE because she was cheating on her husband and he came home and caught her in the act, and she couldn't accept the responsibility for her actions.

Now she should accept responsibility for the dead UPS guy, unfortunately.

[legion]

Originally Posted by nostatic

Did you read my earlier comments? I said in this case he was likely justified and the shooter is not to blame.

Jeff made a blanket statement that a man has a moral obligation to kill someone who has committed a rape. In this case a man was killed but he committed no rape.

We have a judicial system for a reason.

I apologize Todd. It seems that I'm actually in agreement with you here.

[nostatic]

Originally Posted by legion

It seems that I'm actually in agreement with you here.

stop it!!!

[legion]

How's this for a rule of thumb:

You come home and find your wife in bed with another man.

If she yells "rape!" you shoot the guy.

If she doesn't you shoot the wife...

[Jeff Higgins]

Originally Posted by nostatic

We have a judicial system for a reason.

Yes we do. To prosecute the ones we miss.

Originally Posted by Gogar

She screamed RAPE because she was cheating on her husband and he came home and caught her in the act, and she couldn't accept the responsibility for her actions.

Now she should accept responsibility for the dead UPS guy, unfortunately.

I bet hubby surprised the hell out of both of them. Darn, who'd a thunk he would shoot to defend his wife. Silly man.

Originally Posted by legion

How's this for a rule of thumb:

You come home and find your wife in bed with another man.

If she yells "rape!" you shoot the guy.

If she doesn't you shoot the wife...

I think our man legion has hit upon the perfect compromise.

[charleskieffner]

so thats why my kids look like the UPS driver! this one boggles the mind.

after careful thought i feel(asserting myself) as much as the guy wanted to kill him(ups dude) for raping his wife, if he had dismounted her, the threat is gone and i dont feel its justifiable. if hes on top of her pounding away by law you can use deadly force for the following reasons:
remember you may and most likely will perforate both quivering fleshly bodies that are entwined!!!
you can use deadly force to"

stop a robbery

stop a rape.

stop arson of a building occupied or not.

carjacking

kidnapping kids or adults

about any crime where a weapon is involved and imminant danger is perceived.

i probably forgot some .

but in this case the threat was over. he had dismounted and was leaving.

a guy i knew here found his wife in the sack one night. grabbed .44 hawg leg. guy jumps in vet, hauls ass away. guy shoots into vette 6 times. hits guy. guy drives to hospital almost bled to death. shooter is charged with letting loose w/firearm w/in 400 yds occupied building, assault with attempt to kill. spent some time in jail. got off on crime of passion.

had a tough time for quite a few years getting dates!!!! yuck yuck!

bottomline the threat is gone. it is not advancing on you. you ARE NOT IN FEAR(AFEARED) FOR YOUR LIFE OR OTHERS!

as a juror i would have a tough one w/this. the beeatch deceived him and he took action. but the threat was leaving at mach speed.

tough call.

all i know.............i catch my lover in the sack w/another man................im gonna screw all her girlfriends! hahahahahaha! wont waste a bullet!

old man told me once..........."never use a gun over a women unless shes your wife" and even then "you better think hard before acting".

this guy was deceived bottomline. glad im not a juror youd be there for weeks!

[Bill Douglas]

Certainly an interesting debate.

Does anyone know what he was using? Definetly a good shot.

[Porsche-O-Phile]

I'd slightly modify Legion's rule to read:

If you come home and find your wife in bed with another guy:

If she screams "rape" you shoot the guy.
If she doesn't, you shoot both of 'em.

Solves more problems that way.

[Rick Lee]

Originally Posted by legion

How's this for a rule of thumb:

How about we just adopt the original Rule of Thumb - you can't beat your wife with anything thicker than your thumb?

[charleskieffner]

to all of us who havent been there, its easy to say you would shoot. i have no problem if the threat was advancing. peacetime or wartime, militarily or as a civilian. the adrenals glands would flow even faster if someone i cared about next to me caught a bullet.

but the threat was leaving. and to shoot ANYONE IN THE BACK is pretty spooky for me. granted if my family was cut into lil pieces and the guy/gal is standing there with a bayonet,blood all over him/her i have no doubt i would shoot until clip/mag/belt empty as they were running away.

how about an IED goes off and a number of people start running. did they do it? or not? another tough call?

to call it right on this one is close. to kill someone in the back will be some heavy PTSD for the guy. i know a number of cops that have watched "sgt. rock" kind of cops break down mentally after killing someone. each of us is wired different. all dramas are fueled differently. each can handle different levels of stress and for how long???

i'd really like to see how this entire story ends up documented legally not he said she said evidence.

tough call for everyone involved. cops/attorney(both sides)/guy/wife/friends/family members of dead ups dude etc.

[Gogar]

Originally Posted by Jeff Higgins

I bet hubby surprised the hell out of both of them. Darn, who'd a thunk he would shoot to defend his wife. Silly man.

Oh I'm not faulting the guy. That would be an awful and confusing situation.

[red-beard]

Originally Posted by dmoolenaar

I thought the use of a gun was only allowed when your life is in immediate jeopardy? Or maybe that's only in CA? If the *rapist* is driving away I don't see how the shooter avoids being charged.

FWIW - In the heat of the moment I'd probably kill the guy too.

Texas also allows you to use deadly force to stop a person who has commited a felony, from fleeing the scene of the crime.

In these circumstances, the husband reasonably understood the man had been raping his wife and that man was attempting to flee. Husband has gun, bang bang, dead.

I do think one thing: it seems the husband shot the wrong person.

Before 1976, if you discovered your spouse in bed with someone else, you could shoot and kill both and plead "In the Heat of the moment". I think this was a mistake being changed.

[Jeff Higgins]

Originally Posted by Rick Lee

How about we just adopt the original Rule of Thumb - you can't beat your wife with anything thicker than your thumb?

Works for me. I just checked (using one of my old side by side double guns); I have at least a 10 gauge thumb.

And I agree with Jeff. Always shoot the guy; that's a given. The only real question is whether you shoot the wife. A moment's observation should reveal the answer.

[Jim Richards]

So, Joe Horn was cleared today by the grand jury. Crime surely doesn't pay in Tejas.

http://www.cnn.com/2008/CRIME/06/30/burglary.shooting.ap/index.html

[m21sniper]

Originally Posted by Rick Lee

I don't recall seeing this discussed here yet. I don't think it was ever made public as to whether the wife was still in the truck when the driver tried to flee. Wife got sentenced to five years.

A Texas whodunit with a surprise twist

By Angela K. Brown
ASSOCIATED PRESS

March 31, 2007

ARLINGTON, Texas – Darrell Roberson came home from a card game late one night to find his wife rolling around with another man in a pickup truck in the driveway.

Caught in the act with her lover, Tracy Denise Roberson – thinking quickly, if not clearly – cried rape, authorities say. Her husband pulled a gun and killed the other man with a shot to the head.

On Thursday, a grand jury handed up a manslaughter indictment – against the wife, not the husband.

In a case likely to reinforce the state's reputation for don't-mess-with-Texas justice, the grand jury declined to charge the husband with murder, the charge on which he was arrested by police.

“If I found somebody with my wife or with my kids in my house, there's no telling what I might do,” said Juan Muniz, 33, who was having lunch yesterday with one of his two small children at a restaurant in the middle-class suburban Dallas neighborhood where the Robersons lived. “I probably would have done the same thing.”

Tracy Roberson, 35, could get two to 20 years in prison in the slaying of Devin LaSalle, a 32-year-old UPS employee.

Assistant District Attorney Sean Colston declined to comment on specifics of the case or the grand jury proceedings but said Texas law allows a defendant to claim justification if he has “a reasonable belief his actions are necessary, even though what they believe at the time turns out not to be true.”

Mark Osler, a Baylor University law school professor and a former federal prosecutor, said the grand jurors evidently put themselves in the husband's place: “I can see one of them saying, 'I would have shot the guy, too. I was just protecting my wife.' ”

The December night before the shooting, Tracy Roberson sent LaSalle a text message that read in part, “Hi friend, come see me please! I need to feel your warm embrace!” according to court papers. LaSalle apparently agreed.

Darrell Roberson, a 38-year-old employee of a real estate firm, discovered the two, his wife clad in a robe and underwear.

When Tracy Roberson cried that she was being raped, LaSalle tried to drive away and her husband drew the gun he happened to be carrying and fired several shots at the truck, authorities said.

Darrell Roberson's attorney did not return a call for comment.

His wife also was charged with making a false report to a police officer – for allegedly saying she was raped – and could get up to six months behind bars on that offense. It wasn't clear whether she had a lawyer.

She had not been arrested as of yesterday.

God bless Texas.

[Joeaksa]

Originally Posted by widebody911

That's an easy one - shoot 'em both!

Probably the best decision! She sounds like a real cu*t.

[K. Roman]

if you caught wife and man in bed together, killing them would not be my reaction. Call me a softie, but it isn't worth it. They are consenting adults and it is time for you to pack up go.
It would hurt, but the thought of ending your wifes life, and some sorry chaps is just too
self centered.