Texas Goes Permitless on Guns, and Police Face an Armed Public

Qualified Immunity only protects police from civil liability, not criminal.
No, but "just following orders" sometimes does. Look at the federal courts squashing the state indictment of FBI agent Horiuchi in which the court ruled a state cannot prosecute a federal LEO who kills while acting under orders from their agenc
 
The real issue is that Texas law, unlike just about every other state, explicitly allows you to use deadly force if:

You reasonably believe that deadly force is immediately necessary to prevent:
  • The commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime or…
  • The other person from escaping with your property after committing burglary, robbery, aggravated robbery, or theft during the nighttime.
So in Texas you can use deadly force to prevent a person from escaping after committing aggravated robbery during the nighttime. Note that if this had happened during the daytime, he probably would have been charged with at least criminally-negligent homicide (which is one of the charges he was up on). But since it was nighttime it came under Texas law PC §9.42 (Use of Deadly Force to Protect Your Property) and the grand jury declined to indict. The local DA said he (Earls) had three possible defenses: Mistake of fact, defense of third person, and protection of property at night. The DA also said that the robber will be charged with felony murder if caught.

Most other states don't allow the use of deadly force to stop a fleeing felon (unless you're LEO).
 
We rightfully attack police who can't make the shot and hose some person not involved. And ill do the same for this guy. If you can't take the shot without hitting someone else dont take it.
I would agree that everyone bears responsibility for every round fired, but people are mobile creatures that can move at the last second. It isn't always perfect. I hope that guy finds peace cause the outcome was awful. That being said, I haven't had to fire my weapon for real, not even draw it when I was in the blue uniform.
 
The real issue is that Texas law, unlike just about every other state, explicitly allows you to use deadly force if:


So in Texas you can use deadly force to prevent a person from escaping after committing aggravated robbery during the nighttime. Note that if this had happened during the daytime, he probably would have been charged with at least criminally-negligent homicide (which is one of the charges he was up on). But since it was nighttime it came under Texas law PC §9.42 (Use of Deadly Force to Protect Your Property) and the grand jury declined to indict. The local DA said he (Earls) had three possible defenses: Mistake of fact, defense of third person, and protection of property at night. The DA also said that the robber will be charged with felony murder if caught.

Most other states don't allow the use of deadly force to stop a fleeing felon (unless you're LEO).
I would point you to Tenn vs Garner in regards to using lethal force against a fleeing felon for LEO's. You'd have to be absolutely sure/articulable facts that the individual was a immediate threat of death or serious bodily harm to others. That case law is pretty standard nationwide.
 
I would point you to Tenn vs Garner in regards to using lethal force against a fleeing felon for LEO's. You'd have to be absolutely sure/articulable facts that the individual was a immediate threat of death or serious bodily harm to others. That case law is pretty standard nationwide.
Correct, I shouldn't have implied that an LEO can arbitrarily shoot at a fleeing felon. Most PD have very explicit rules around use of force and when you can use lethal against a fleeing felon, even if you would be allowed to under state law. My real point was that in most states, once the direct threat to you or other innocent bystanders is eliminated, including being eliminated by the perpetrator running away, you can not use deadly force to prevent their escape (except under very special conditions for LEOs).
 
Agree, however the criminal was fleeing away from the victim.
Also I forgot to mention in Texas it’s legal to shoot a fleeting person… It’s been a while but I’m not sure if it’s only if their fleeing your property.

Which makes sense. You don’t want the shithead coming back later.. I’m not sure if that applies to a crime committed in public though
 
At LOGAN DELTA FLIGHT hydraulics shite the bed, Change Aircraft cthree hours later, no Wi-Fi on new aircraft missed my connection, stuck in Atlanta, no ballistic vest, no close air support. I checked into the Marriott at Atlanta and ask for a quiet room and everybody laughed…I miss farm life
 
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