MechAg94 wrote:
One other thing: Deadly force is allowed in Texas for threat to life or serious bodily injury. There is case law in Texas that says fists can cause serious bodiy injury. There was a case in Dallas early on where a guy was getting snot beat out of him and pulled out his gun and killed his attacker. It went to trial and the guy got off.
there is a difference in this case. it does not appear that the dead guy actually assaulted the CHL holder. in the case you mentioned, the guy was assaulted (pretty severely) and then pulled his gun in self defense.
much more justified and clear-cut than this case, where it was a threat of violence. if someone could shoot every time someone made a threat (and not even execute the threat) then we'd have a lot more shootings.
i think the investigation is still ongoing. however, if the news report is accurate:
http://www.chron.com/disp/story.mpl/metropolitan/4675545.html
Harris County Assistant District Attorney Katherine McDaniel said today that Mallot was getting on the bus and the two began arguing after Francis brushed Mallot's arm.
"That guy said he was going to kick my ass," Mallot told authorities. He told police he then pulled a knife and Francis repeated the threat.
Mallot, who had a license to carry a concealed handgun, then shot Francis in front of more than 20 passengers, McDaniel said.
then, the order of events is:
1. dead guy brushes up against CHL holder's arm which starts an argument
2. dead guy threatens to "kick his ass"
3. CHL holder pulls out a knife
4. dead guy again threatens to "kick his ass"
5. CHL holder pulls out a gun and shoots dead guy
i think conflict de-escalation did not occur here. something that DPS stresses heavily during the CHL class. it does not appear, from what is being disseminated, that any attempt at conflict de-escalation happened.
one of the test questions on the CHL test is something to the effect of "never use a gun to win an argument." True or False?