Another Homeowner Defense Shooting + Red Flag Laws

[Ben]

I ran across this on youtubz this morning:

https://youtu.be/DGY3o5T3TLU

Homeowner/dad shoots daughter's ex-boyfriend, who was busting down the front door or who had already busted down the front door (unclear). There appears to be only limited video available and edited by the local news there.

The father appears to be legally in the clear at this point. What was interesting, as brought up in the video, is one neighbor's statement to the press and police. It sounds like everyone else backed the dad, but this particular neighbor, who "saw the whole thing", made statements that could certainly have gotten the dad in hot water had there not been other evidence.

As the video points out, this neighbor is exactly why we have to worry about red flag laws. To make statements that could certainly get the dad arrested for murder means he would likely abuse red flag laws if he could, possibly just because he dislikes his neighbor.

[230RN]

This business of "if you see something, say something" has to be applied with a certain wisdom, and should not be codified under the law so as to give carte blanche authority to unwise or vengeful people.

[WLJ]

 It sounds like everyone else backed the dad, but this particular neighbor, who "saw the whole thing", made statements that could certainly have gotten the dad in hot water had there not been other evidence.

Those proclaiming "they saw everything" the loudest are far too often placed by other witnesses as being no where near or having no view of the incident. Not saying that's what happened here but I have seen it in other incidents.

[bedlamite]

Those proclaiming "they saw everything" the loudest are far too often placed by other witnesses as being no where near or having no view of the incident. Not saying that's what happened here but I have seen it in other incidents.

Yep.

If he saw everything, he would have been in view of the camera. He ain't.

[MechAg94]

Just looking at the beginning of the video, if he broke through the door, the father should be fine.  At least hear in Texas, once they come in the home uninvited, the rules change and you can presume bad intent and act accordingly.  If it were out in the yard, that would be tougher.  Not sure how the laws are set up there, but I bet they are similar. 


Yeah, that neighbor didn't see anything.  He just saw the guy laying outside and made assumptions.  I am tempted to assume he is one of those people who think if the attacker has no weapon, they should just get in a fist fight. 
How made a statement that he shot through the door.  Was there a hole?  I can easily see that he would not see the damage to the door if the door had been forced open and then pushed closed once the guy was shot.