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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWanna know how easy it is to stand trial for something you didn't do?
This is true, a friend of mine is standing trial today in Collin County Texas (close to Frisco).
If anyone knows an investigative reporter, please point them to the courthouse in Collin County, Judge Wheless presiding.
Here's the general outline:
1. My friend's son is an adult druggy with a tendency toward violence.
2. Friend threw him out.
3. Friend went to bed.
4. In middle of night, the son calls 911 and convinces them that his dad is suicidal and has a gun.
5. Police go out for "welfare" call, but park way down the street and knock on the door in the middle of the night (WITHOUT ANNOUNCING THAT THEY ARE THE POLICE).
6. Friend says "get out of here Rick!" (that is his son's name).
7. They keep knocking and rustling around in the bushes-see how he would think it is his kid about to rob him?
8. From inside the house, friend fires warning shot high and to the right of top of door frame.
9. Swat teams ensue, they throw flashbangs through his window.
10. They arrest him.
11. After friends arrest, the son comes in and robs him while the police are still there!
12. Son is arrested in Oklahoma next day after maxxing out friends credit cards and attempting to buy a car with stolen ID (my friends).
13. Kid is still in prison.
14. Dad is on trial for aggravated assault with a deadly weapon.
Needless to say this will be interesting. Collin County is notorious for malfeasance and they have tampered with evidence including the tapes of the event.
Any help anyone can provide is appreciated.
MineralMan
(146,336 posts)Really. Firing a shot through the door can lead to all sorts of unexpected stuff, even in Texas. The police should have announced themselves, if they didn't. But your friend is going to need a good attorney.
Riftaxe
(2,693 posts)Might as well remove #8 if you want the title and story to make sense.
cpamomfromtexas
(1,247 posts)TheWraith
(24,331 posts)Discharging a firearm in the direction of a person, regardless of whether you meant to hit them or not, is illegal.
surrealAmerican
(11,364 posts)... it's too bad your friend had a gun. It sure didn't make him any safer.
Bonhomme Richard
(9,000 posts)What a moron.
Journeyman
(15,041 posts)cpamomfromtexas
(1,247 posts)Castle law says he can stay in his home and protect it
It's not like he was running around the neighborhood looking for trouble
ieoeja
(9,748 posts)He didn't actually hurt anyone which would explain why he is not being charged with Battery. But he most certainly did Assault them.
Castle Law may still apply. For that matter just plain old fashioned Self-Defense may apply as an intruder was trying to break into his house after being warned away.
TheWraith
(24,331 posts)One, castle doctrine laws assume that you have someone who has either forced entry into your house or is in the process of doing so. Knocking and rustling doesn't count.
Two, such laws do not apply to police officers in the execution of their duties.