Stand Your Ground case - How long should the shooter be locked-up?

[Nuclear Unicorn]

[BlueStreak]

1. The guy wasn't attacking her at the point where she blasted him. But this is Texas

so she will probably be given some kind of award.

Bottom line, Texas and Florida are both insane. In the past, I have spent tourist dollars there. I never will again. Hell holes. I just feel sorry for the decent people that have to live there.

[Nuclear Unicorn]

2. So how long should she be locked-up?

[BlueStreak]

5. I'd have to see the complete video. It appears to me

she was a good 10 feet away from the victim at the point where she blasted him, and he wasn't in tha act of attacking here. There were plenty of other people around that could call the police. It didn't appear to me she was in imminent danger at the point she gunned him down.

I also don't know if there was any prior history or relationship between the two that would be a factor in this case.

To answer your question, my first impression is manslaughter, and that carries 2-20 in Texas. I'd say somewhere on the low end of the range -- maybe 4 years if there are no prior gun felonies.

[Igel]

7. I'd be surprised.

He had the knife. She backed up to her trunk, got the gun. He saw the gun and decided to attack, if the video's telling the whole story.

She backed up, but he didn't back up. He didn't even hold his ground. She had every reason to expect that if she didn't run she'd be attacked again. She shot. Whatever the bullet's path, it hit her. That might be crucial because she may have fired by accident or intended a warning shot--can you really claim "accidental stand your ground"?

Taking pictures ... a bit grim. But leaving was irresponsible. Possibly criminal in its own right. It's an area that I avoided when I lived on that side of the city. Not as bad as parts of Fondren, but still not a great place to visit.

It may not be the whole story, but there's no guarantee that the whole story would matter. He might have been drunk, high, mentally ill. They may have a history with each other. Perhaps he works there and she has a restraining order against him so she had no legal right to be there and every reason to be elsewhere.

[Lurks Often]

11. Before you say 10 feet is too far away, you might want to google Tueller Drill n/t

[EC]

3. The lack of building codes and regulation

scares me too. How do I know the hotels are wired correctly or have fire extingishers or even a fire department or how about a fertilizer plant right down the street?

[pintobean]

6. He was armed with a knife

and threatened her after sexually harassing her. He had plenty of opportunity to back off after she pulled the rifle from the trunk. He chose to come at her. She had every right to fear for her life and defend herself.
She claims to have fired into the ground. The bullet actually ricocheted and hit him.

[BlueStreak]

8. If the bullet ricocheted, that proves he was not next to her shen she shot

The video cut off before the shot. At that point the shooter was a long distance from the man -- at least 10 feet, and he wasn't making any signs of advancing at that point.

Are you arguing that because he swung at her 30 seconds earlier it is OK for her to just shoot him dead when he is not in any position to hurt her?

It would be entirely different if she were standing 10 feet a way, warning him not to come any closer and then he charged her. Of course in that case, she should have defended herself. But that is not what the video showed.

[pintobean]

9. The grand jury will decide

I'm betting she walks.

[BlueStreak]

10. It is Texas. There probably won't even be a Grand Jury.

If there is, it will be a 15-minute job.

Although the shooter was a minority, wasn't she? That could certainly make a difference.

[ileus]

4. She should have stayed until LEOs arrived.

If not for that, looks like a righteous defense.