Quote:
Originally Posted by WTF
From watching the video...you can not use lethal force for trespassing.
The boyfriend retrieved the gun before any yhreayhs were made escalating the situtation.
I would hate to think that here in Texas...you could continually not provide the child at the designated pick up place and time and then shoot him because he gets pissed off.
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no however as the video also pointed out the ex-husband made threats to take the rifle away and use it against the boyfriend and grabbed for it. Nior called it a halfhearted attempt but its clear he did make an attempt. that factors also.
the boyfriend's case would be more clear and stronger if after they separated he waited just long enough for the ex-husband to make an aggressive move toward him.
it's close but i think the boyfriend has a razor thin margin to justify self defense.
of course the real cause of all this is the ex-wife who by court decree should have had the son there at the appointed time in the first place.