Homeowner fatally shoots teen who was part of group shooting paintball guns at home

[Endus]

I doubt he'll be convicted.

The Texas Penal Code seems to support the contention that provided he had a reasonable belief that his life or the life of his family was in danger, he could employ deadly force without any duty to retreat. Given it doesn't exactly sound like he falls into the presumption of reasonableness in subsection b, from what I can see, the attorneys (if it gets to trial) will be arguing over things like the youth's behavior, how similar the paintball gun looked to a real gun, and the nature of the confrontation once the homeowner came outside. I'd like more details, but my wager is that he'll walk.

The key word is "reasonable".

Trying to show that paintballs made you fearful for your life, when we let kids shoot each other with them for fun, is gonna be a hard argument to make.

They sound even less like real guns than the cap guns we had back in the '80s, and somehow, despite kids running all over with semi-realistic cap guns in the streets, kids weren't getting shot by homeowners for it.

[NoiseTank13]

Yeah he'll walk away from the criminal trial, because lulTexas, but he'll likely face some damages in the civil should the parents pursue, which they should.

Paintball guns sound nothing like actual guns, from firing to the pellets hitting wood. Dude just wanted to ice someone.

[unbound]

I don't get involved in criminal activity so I don't fear anything.

So, forget law and order basically.

No arrest, no charges, no trial, no judgement...just execution for any trivial crime on the spot.

Wow...just wow.

/doublefacepalm

[Martymark]

While unfortunate, I don't think he did anything wrong. It was reasonable to assume his life was in danger and he defended himself.

If someone was running at you with a rubber knife at night and you stabbed them to death, are you a criminal?

[mojojojo202]

He picked up a gun with the intention of shooting someone. He did. He killed a person.


Any sensible country puts him in jail for 20+ years.

[Halyon]

Never seen a paintball gun that remotely looked or sounded like an actual gun. Even the ones that are roughly modeled after real guns have massive ball hoppers and CO2 canisters. Any gun owner should know the difference.

But that would require something like an education/course and/or a license, indicating competence to own firearms to get one, that'd trample their rights!

[Weeps]

If he felt his life was at risk, he has the right to shoot back.

Easiest court case if you ask me.

All he has to say is, "I felt like I was going to die."

Cops testify the same way and nearly always get away with it.

"I feared for my life." - says the shooter

"Well that settles it, case closed." (gavel bang)

[Halyon]

While unfortunate, I don't think he did anything wrong. It was reasonable to assume his life was in danger and he defended himself.

If someone was running at you with a rubber knife at night and you stabbed them to death, are you a criminal?

Someone intenting to kill you with a knife doesn't run at you unless the situation escalated from a lesser active threat, they remain unassuming until they're right next to you. Can't stop that. And even if they run at you, if memory serves, you can't draw and fire quickly enough if there's 2 or less meters between you and the assailant.

Self defense is in my mind completely ok, but you must also know when that is necessary, and not only if you think you're threatened, you must be damned fucking sure.

That was rule numero uno after not pointing a locked weapon at anyone during hunting course, KNOW what you're shooting, and be CERTAIN that you're doing it right. If it's maybe, you don't shoot, end of story.

Someone shooting at your house at random, and not specifically you = take cover and call the fucking police.

[Frolk]

Give him 25 years.
Another reminder to not move to Gunville, i mean USA.

rEsPoNsEbLe gUn oWnEr

[OGClennisell]

A Tippman TMC looks like a real gun - mags holding ammo and line fed CO2 through the stock. You point this at me and I assume you are holding a real gun.

Google it.

[Reaper0329]

The key word is "reasonable".

Trying to show that paintballs made you fearful for your life, when we let kids shoot each other with them for fun, is gonna be a hard argument to make.

They sound even less like real guns than the cap guns we had back in the '80s, and somehow, despite kids running all over with semi-realistic cap guns in the streets, kids weren't getting shot by homeowners for it.

Well you're definitely right in that respect; the argument will be over the reasonableness of the homeowner's fear. If the prosecution can demonstrate that the homeowner KNEW it was a paintball gun (which would be a slam dunk for the prosecution) or should have known it was a paintball gun (think of the cheap ones at Walmart with the obvious paintball hopper on top), then there is no reasonableness to the fear; a reasonably prudent person would not respond to a paintball gun, knowing or having reason to know it was a paintball gun, with deadly force.

On the flip side, if you get a paintball gun that looks something like this or any one of these, a strong argument exists that a reasonably prudent person would not be able to tell they were not in danger of imminent death and, therefore, were reasonably justified in defending themselves against what would be justifiably perceived as an imminent danger of death or grievous bodily harm.

Without knowing more specifics, I can't weigh in much further. I'd really love to see the paintball gun. But that's the arguments that'll be slung about. I'd bet my neck on it.

[Seranthor]

I am betting he will get charged based on the limited info.

Call it post birth abortion and all the gun grabbers and nation bashers will love you for doing it.

[zenkai]

Plenty of innocent people bite the bullet daily in the US

Mostly due to inner city gangs. The average person isn't getting shot at.

[Rasulis]

Never seen a paintball gun that remotely looked or sounded like an actual gun. Even the ones that are roughly modeled after real guns have massive ball hoppers and CO2 canisters. Any gun owner should know the difference.

Pretty much this.

[zenkai]

Imagine being naive enough to think only criminals get shot in fucking America of all places.

You're way more likely to get shot doing criminal activity, statistics tells you that.

[ChampionChains]

"The only thing that stops a potential bad guy who may or may not have a paintball gun is a good guy with a gun"

[Nymfomania]

He came with dye, he left with die.

LOL Thats enough internet for today kind sir. Thank you!

[ChampionChains]

You're way more likely to get shot doing criminal activity, statistics tells you that.

Actually it's suicide and being killed by someone you know, whether accidentally or intentionally. Far more than these roving bands of heavily armed black and mexican gang members people insist are blanketing every city in America.

[zenkai]

He came with dye, he left with die.

Ok.. that was funny

[Endus]

If he felt his life was at risk, he has the right to shoot back.

Easiest court case if you ask me.

All he has to say is, "I felt like I was going to die."

Cops testify the same way and nearly always get away with it.

"I feared for my life." - says the shooter

"Well that settles it, case closed." (gavel bang)

Self-defense is a positive defense, meaning it has to be established with supporting evidence, it cannot be assumed.

Just saying "I feared for my life" is not, in any way, a defense. You need to establish that the circumstances were such that any reasonable person would have felt such fear. If you don't convince the jury, then you don't have a defense. At which point, your fear is deemed "unreasonable" (or a lie), and thus, you're a murderer.