Technically, he's supposed to stop the act and call the police and an ambulance. A lot of cases don't fit temporary insanity, but I think this one should. JMO
I am pretty sure that because of "stand your ground" he can use deadly force to prevent forcible felony.
So if situation is as described I don't think he will be charged.
I'd STILL be whaling on the dude....
I see someone voted "manslaughter" and 4 voted "probation". I would really like to know the reasoning behind those votes, particularly the "manslaughter" vote. Anyone brave enough to explain their vote of either of these I would love to hear for discussion purposes.
http://www.cnn.com/2012/06/11/justice/texas-abuser-killed/index.html
Asked whether they would press charges against the father, the sheriff responded, "You have a right to defend your daughter. He acted in defense of his third person. Once the investigation is completed we will submit it to the district attorney who then submits it to the grand jury, who will decide if they will indict him."
IMO Instead of a Grand Jury this Father should get a parade!God only knows how many future victims have been saved,and also any other children he may have been victimizing right now.
ETA Am I wrong for smiling while reading this article? ....................................................Nope IMO this should happen to all abusers of children.So sick of pervs getting slap on wrist and wind up having many victims over their lifetime.IMO This is Justice!
I explaned my vote for manslaughter above. It was for if he had done this in a state without the castle domain law. I don't think that a state without that law would just not address the killing of another person. Regardless if he was molesting a child or not it would have gone to trial. I do not think he would deserve a conviction of manslaughter. I am confident that if he were taken to trial he would walk out a free man. 100% confident.
I kind of found the use of the word "brave enough" to be confrontational. But maybe that's just me.
NO, in fact the first place I looked for this thread was the "News that makes you smile" forum.
Standing ovation to the father!! I love Texas justice!! Unfortunately, where I'm from (Ontario, Canada) the father would likely be sent to jail.
I explaned my vote for manslaughter above. It was for if he had done this in a state without the castle domain law. I don't think that a state without that law would just not address the killing of another person. Regardless if he was molesting a child or not it would have gone to trial. I do not think he would deserve a conviction of manslaughter. I am confident that if he were taken to trial he would walk out a free man. 100% confident.
I kind of found the use of the word "brave enough" to be confrontational. But maybe that's just me.
Hey Kat, I saw your post and thanked it, after I had posted. I think we may have been posting at around the same time. Anyhow I in no way meant "brave enough" to be confrontational, and sorry you took it that way. I am not sure what wording would sound better. I just meant that with the vast majority voting "give him a medal" it would take someone pretty brave to post the reasoning behind their vote. I liked your reasoning and glad you explained it. Again, sorry that came across as confrontational.
I don't think that he'll face trial. The crime was commited in the man's home against his daughter. IIRC Texas has the castle domain doctrine. If IIRC that protects him from having charges filed against him.
If it had been a state without such a law then I would have said not to try him for murder but for manslaughter. The reason I say that is because in a state without that law they have to address the death of anyone at the hands of another person. I wouldn't want to see this man face murder charges for defending and protecting his daughter.
Do I think he deserves a medal? I think that he has a very lucky little girl who knows that her Dad will do anything to protect her and keep her safe. That is worth more than any medal or parade.
I can't imagine that this isn't causing him a lot of inner pain. He was forced into the positon that he had to protect his child and by doing so he killed another man. For some reason I don't think he's celebrating.
I'm ambivalent about the death of the molester. JMHO.
(FWIW, I am a survivor).