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cpamomfromtexas

(1,247 posts)
Wed Apr 18, 2012, 12:35 PM Apr 2012

Wanna 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.

10 replies = new reply since forum marked as read
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Wanna know how easy it is to stand trial for something you didn't do? (Original Post) cpamomfromtexas Apr 2012 OP
I hope he has a good attorney. MineralMan Apr 2012 #1
Thread title contradicts the story you provide Riftaxe Apr 2012 #2
A warning shot is not an assault cpamomfromtexas Apr 2012 #7
Actually yes, it is. TheWraith Apr 2012 #9
This is one of those cases where ... surrealAmerican Apr 2012 #3
"friend fires warning shot" Bonhomme Richard Apr 2012 #4
What is it that he didn't do that he's on trial for? . . . Journeyman Apr 2012 #5
He didn't assault anyone and castle law cpamomfromtexas Apr 2012 #6
A warning shot is certainly a threat of serious violence. ieoeja Apr 2012 #8
Two main problems with that. TheWraith Apr 2012 #10

MineralMan

(146,336 posts)
1. I hope he has a good attorney.
Wed Apr 18, 2012, 12:52 PM
Apr 2012

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)
2. Thread title contradicts the story you provide
Wed Apr 18, 2012, 12:58 PM
Apr 2012

Might as well remove #8 if you want the title and story to make sense.

TheWraith

(24,331 posts)
9. Actually yes, it is.
Wed Apr 18, 2012, 03:01 PM
Apr 2012

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)
3. This is one of those cases where ...
Wed Apr 18, 2012, 01:03 PM
Apr 2012

... it's too bad your friend had a gun. It sure didn't make him any safer.

cpamomfromtexas

(1,247 posts)
6. He didn't assault anyone and castle law
Wed Apr 18, 2012, 02:15 PM
Apr 2012

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)
8. A warning shot is certainly a threat of serious violence.
Wed Apr 18, 2012, 02:59 PM
Apr 2012

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)
10. Two main problems with that.
Wed Apr 18, 2012, 03:04 PM
Apr 2012

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.

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