Man beats daughter's molester to death--do you think he'll be charged?

[Monkeyleg]

You may have seen this story already. Father catches man molesting his young daughter, and beats him to death. No charges filed as of the publication of the story, so make your best case for the father either being charged by the DA or not being charged.

I'd say that there's every requirement here for some level of homicide or manslaughter charge, but the DA would get bounced out in the next election for charging the guy with anything. So, the father gets no charges.

Story is here

[RoadKingLarry]

Not sure about Texas but in Oklahoma rape is justification for deadly force.
IRC all homicides go to a Grand Jury in Texas.
My prediction is that there will be no charges since the decedent wasn't black.

[Ned Hamford]

I think its too hot in Texas for anyone to be wearing hoodies  

Defense of a child being raped, yah, I think the affirmative defense is strong enough with that where no one will question a few blows to the head that happened to do someone in.  If as the article describes, it was an instant action in response to the situation, I think he could have run the guy through with a pitchfork and had it declared lawful.  

[AmbulanceDriver]

I also think that it can be argued as a "crime of passion", in the fact that it was not premeditated, but merely a reaction to catching the SOB molesting his daughter.   If not enough to prevent prosecution, it would at least serve as mitigation.  

And if I were on the Grand Jury in this case, barring any additional information, I would probably no bill the guy.  

[brimic]

If the guy took him outside and curb-stomped him, I don't think I'd vote to convict if on the jury.

[MrsSmith]

I think the man, and the family, has enough to handle without having to defend his actions in court. The father has to live with the fact that he took a human life - even if it was the life of a child molester. The rest of the family has to live with it too and you know locally that's going to be difficult. I'm sure there will be letters written to the local papers, it will be discussed in the local radio and tv news. Some idiots will shun them in public, the kids will catch hell at school.
Oh, and then there's the daughter who has to deal with having been molested - and now it's news so that archive is something she'll have to live with for the rest of her life, as if the memory of being violated wasn't enough.

That poor family.

[HankB]

According to the story, the father caught the man in the process of molesting his daughter, and beat him to death right then and there; I say no crime on the father's part, since he was protecting his little girl.

Now, if the molestation had taken place earlier - an hour, a day, whatever - and the father hunted the bad guy down and took care of him, I can see how there could be a legal problem.

But right now - nope. Not in my opinion.

[KD5NRH]

Sec. 9.32.  DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1)  if the actor would be justified in using force against the other under Section 9.31; and
(2)   when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A)  to protect the actor against the other's use or attempted use of unlawful deadly force; or
(B)  to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Besides, any grand jury that indicts this guy would probably be lynched.

[MechAg94]

If the DA is not too keen on prosecution, I think he'll be okay.  I doubt a fully informed grandy jury would send it to trial assuming there are not surprises to this story.  People take a dim view of child molestation.

[geronimotwo]

the link to the story didn't work for me, but under NY law he would not be guilty of a crime.  a video shows the sherriff being asked if the man should be arrested.  his response was along the lines of "you shouldn't be asking the question".

[Fitz]

Not only should HE not be charged, but anyone who thinks he SHOULD deserves a beating of their own.

Interesting that we live in a society where this is even a question.

The defense of an innocent from sexual assault, in my mind, excuses the killing of the turdburgler committing the assault.

[CNYCacher]

Now, if the molestation had taken place earlier - an hour, a day, whatever - and the father hunted the bad guy down and took care of him, I can see how there could be a legal problem.

Emphasis on the legal.

But then again, there is the story of Gary Plauche.

Cliff's Notes:
5 years probation for a father of an abducted and molested boy after executing the abductor during a perp-walk through an airport.

[MechAg94]

Some years ago I heard of a case where young girl (adult teen?) was raped.  Apparently, the police were not real engerized to find the perps.  The grandmother got a description from the granddaughter and started driving around.  She found two men at a motel and drove the girl over to confirm the ID at a distance.  After taking the granddaughter home, she took a shotgun and proceeded to kill the two men at the motel then called the police to tell them what she did.  I believe the comment was they weren't going to prosecute because they didn't think a jury would convict a grandmother in that case.  I think it was supposed to be in Florida. 

Certainly was not self defense and wasn't right, but I can't fault what she did a great deal once I put myself in her shoes.

[cassandra and sara's daddy]

I put myself in her shoes.


everything except the calling the cops part

[Tallpine]

I put myself in her shoes.


everything except the calling the cops part

 

 

[Strings]

S, S, S, HB?

[RevDisk]

Emphasis on the legal.

But then again, there is the story of Gary Plauche.

Cliff's Notes:
5 years probation for a father of an abducted and molested boy after executing the abductor during a perp-walk through an airport.

This is why I'll never sit on a jury.

That was sentence was too heavy by 4 years, 11 months, and 29 days. Suspended due to time served, of course. Seriously, if you don't want to be killed, how about...  don't molest folks?  Obviously, yes, I am aware of false accusations (especially in divorces) and plenty of BS Puritanical laws on the books. But if it's clear cut, it shouldn't even be a question.

[zxcvbob]

According to the story, the father caught the man in the process of molesting his daughter, and beat him to death right then and there; I say no crime on the father's part, since he was protecting his little girl.

Now, if the molestation had taken place earlier - an hour, a day, whatever - and the father hunted the bad guy down and took care of him, I can see how there could be a legal problem.

But right now - nope. Not in my opinion.

Didn't read the story, but that's my take on it too.  Even if he hunted the guy down, he might end up OK.

[Viking]

The guy obviously committed suicide - I mean, molesting a small child when the child's father is very close by? Too stupid to live, that one.

[never_retreat]

I say no charges against the father.
Its not like the guy ran and then the rancher ran him over with the pickup. No wait that would be ok also in my book.

[De Selby]

There's no case here - he has a right to defend other people from acts that he'd have a personal right to defend against.  Rape is something he'd have the right to use force, up to lethal force, to end against himself. 

For the record, I do not agree with shooting these people at the trial, after a positive ID by your child, etc after the fact.  The reason we have trials is to figure out what happened; there's already been a case of someone being killed by an angry father for molestation that the police determined later had not happened.

Making dad into a prison-dwelling convict, and risking public safety by doing a public kill, do not help kids get better from the trauma.  If anything they make it worse.

[AJ Dual]

IIRC, Grand Jury is SOP in TX for any killing no matter how justified. Even police shootings go to the GJ in states with that system.

[BryanP]

The grand jury will no-bill this so fast ...

[zxcvbob]

The grand jury will no-bill this so fast...

How fast will they no-bill it??

ETA: still waiting for the punchline

[TommyGunn]

There's no case here - he has a right to defend other people from acts that he'd have a personal right to defend against.  Rape is something he'd have the right to use force, up to lethal force, to end against himself. 

For the record, I do not agree with shooting these people at the trial, after a positive ID by your child, etc after the fact.  The reason we have trials is to figure out what happened; there's already been a case of someone being killed by an angry father for molestation that the police determined later had not happened.

Making dad into a prison-dwelling convict, and risking public safety by doing a public kill, do not help kids get better from the trauma.  If anything they make it worse.

Gee whiz, the universe has come to an end.  I agree with De Selby.