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View Diary: Wife Beater Killed in Act - Stepson Charged with Murder - Tx Deadly Force Law Laughs @ DV! (144 comments)

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  •  well (0+ / 0-)

    assault and domestic violence aren't listed because you can't use deadly force in those situations unless the assault or domestic assault rise to a more serious level that threatens death or grievous bodily injury.

    I'd have to know the details of the assault to know whether or not they rose to the levels that would help him justify killing the step-father.

    If we are talking actions that an objective person would look at and not think a risk of death or grievous bodily injury, then no, it's not going to be justified under the law, nor should it be.  Anyone who commits the slightest degree of domestic violence is not someone we have much sympathy for, nor should we...but to say they deserve death (or that killing them is justifiable), we need more.

    If the evidence is there that he was beating her down, then I am hopeful and fairly confident that a jury will find that the boy was objectively reasonable in doing what he did.  If the evidence is more that this was a simple assault as opposed to a more serious assault, then the jury is more likely to find that the son acted unreasonably.

    Although even in that case, assuming there isn't a mandatory minimum, I can see a very light sentence.  I would say if I were the prosecutor, and I had decided to go forward, I would lean strongly towards prosecution as a juvenile instead of as an adult unless there were some really extreme facts.

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