SEC=UGA Posted June 11, 2012 Share Posted June 11, 2012 Yep, I'd have killed him... (CNN) -- A Texas father caught a man sexually assaulting his 4-year-old daughter and punched him in the head repeatedly, killing him, authorities said. The father was casually acquainted with the alleged abuser, said Lavaca County Sheriff Micah Harmon. Neither has been publicly identified. The girl was left inside the family's house during the social gathering, while other members of her family were tending to horses, the sheriff said. The alleged abuser was known for his horse-grooming abilities, Harmon said. The father returned to the house, caught the man in the act, and stopped him by striking him in the head several times, Harmon said. The man was pronounced dead on the scene, while the daughter was taken to a local hospital in Victoria, Texas, for examinations before being released. The incident took place Saturday. Harmon described the girl as "OK besides the obvious mental trauma." 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." Harmon described the dad as "very remorseful," adding that he didn't know the man was going to die. Authorities were withholding the deceased man's name while they notified next of kin. Officials did not know immediately if he has a prior criminal history. Quote Link to comment Share on other sites More sharing options...
MrTed46 Posted June 11, 2012 Share Posted June 11, 2012 He's a better man than me, I wouldn't be remourseful at all. 100% justifiable 1 Quote Link to comment Share on other sites More sharing options...
boltnlava Posted June 11, 2012 Share Posted June 11, 2012 Yep. Quote Link to comment Share on other sites More sharing options...
Clubfoothead Posted June 11, 2012 Share Posted June 11, 2012 (edited) Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another: (1) if the actor would be justified in using force against the other under Section 9.31; and (2) when and to the degree the actor reasonably believes the deadly force is immediately necessary: (A) to protect the actor against the other's use or attempted use of unlawful deadly force; or ( B.) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. Edited June 11, 2012 by Clubfoothead Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted June 11, 2012 Author Share Posted June 11, 2012 ( B.) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery. Just for argument sake.... Say this were not part of the law and you were on a jury hearing the case... Quote Link to comment Share on other sites More sharing options...
detlef Posted June 11, 2012 Share Posted June 11, 2012 Just for argument sake.... Say this were not part of the law and you were on a jury hearing the case... I would have to pretend I didn't feel the way I did during jury selection when the defense attorney asked me the same question. Otherwise I wouldn't be on the jury to begin with. I'm all for due process and all that but I'm also for killing right there on the spot, anyone caught in the act of sexually assaulting a 4 year old. Quote Link to comment Share on other sites More sharing options...
Clubfoothead Posted June 11, 2012 Share Posted June 11, 2012 Say this were not part of the law and you were on a jury hearing the case... I guess I'd want to know how the law reads under your hypothetical but since I have a 4 year old daughter you are going to have a difficult time getting me to convict anyone for killing the guy. Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted June 11, 2012 Author Share Posted June 11, 2012 I guess I'd want to know how the law reads under your hypothetical but since I have a 4 year old daughter you are going to have a difficult time getting me to convict anyone for killing the guy. All I needed to know. You do realize that a jury can decide to acquit a person even if something is not "technically" legal. Quote Link to comment Share on other sites More sharing options...
Clubfoothead Posted June 11, 2012 Share Posted June 11, 2012 You do realize that a jury can decide to acquit a person even if something is not "technically" legal. most people dont' know that I am aware of it but am not a big fan of the theory. Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted June 11, 2012 Author Share Posted June 11, 2012 I am aware of it but am not a big fan of the theory. I understand what you are saying. Quote Link to comment Share on other sites More sharing options...
electricrelish Posted June 11, 2012 Share Posted June 11, 2012 the funny thing is, juries have a lot more power than they think and a lot more power than either the judge or lawyers want them to think. Not to sound terribly cheesy, but John Grisham's The Runaway Jury gave me a lot more insight regarding the power of a jury. Quote Link to comment Share on other sites More sharing options...
Scorcher Posted June 11, 2012 Share Posted June 11, 2012 Anyone walking in on someone molesting their 4 year old daughter is justified using whatever means possible to save his daughter. It isn't like he found the guy 4 hrs later and killed him. Quote Link to comment Share on other sites More sharing options...
tazinib1 Posted June 11, 2012 Share Posted June 11, 2012 The only person that won't agree with not prosecuting that man is the prison system. If they can't bleed the state of funds for the sexual abuser, they certainly want to bleed the state for housing the father. to the dad. Quote Link to comment Share on other sites More sharing options...
matt770 Posted June 11, 2012 Share Posted June 11, 2012 I would be shocked if the state prosecuted this. Can't see how any reasonable person, let alone a jury, could conclude that this was not justifiable. Quote Link to comment Share on other sites More sharing options...
Yukon Cornelius Posted June 11, 2012 Share Posted June 11, 2012 I would be shocked if the state prosecuted this. Can't see how any reasonable person, let alone a jury, could conclude that this was not justifiable. Anything can happin in America Quote Link to comment Share on other sites More sharing options...
Hugh 0ne Posted June 11, 2012 Share Posted June 11, 2012 It isn't like he found the guy 4 hrs later and killed him. I still wouldn't convict him. 1 Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted June 11, 2012 Author Share Posted June 11, 2012 Anything can happin in America Amercia, Yuk, Amercia... Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted June 11, 2012 Author Share Posted June 11, 2012 I still wouldn't convict him. He could have rendered the dude unconcious, hog tied him, and neutered him and I would still let the dad walk. Quote Link to comment Share on other sites More sharing options...
Clubfoothead Posted June 11, 2012 Share Posted June 11, 2012 This is Lavaca County, Texas. Home of Shiner Bock. I don't think anyone needs to worry about the girl's Dad. Quote Link to comment Share on other sites More sharing options...
Hugh 0ne Posted June 11, 2012 Share Posted June 11, 2012 seriously. at least convicts punish rapists in prison Would this be an appropriate time to make a comment about Jerry Sandusky or is it too soon? Quote Link to comment Share on other sites More sharing options...
SEC=UGA Posted June 11, 2012 Author Share Posted June 11, 2012 Would this be an appropriate time to make a comment about Jerry Sandusky or is it too soon? Let it roll. So long as you can take the wrath of the local Nittany Lion gaggle. Quote Link to comment Share on other sites More sharing options...
Savage Beatings Posted June 11, 2012 Share Posted June 11, 2012 Seems like a pretty easy answer here. Of course it is justifiable. I think it would be very difficult to find anyone, whether here at the Huddle, or in any jury in America, that would think otherwise. I'd even take it another step further... not only was he justified, but he may have had a moral obligation to beat the life out of the man molesting his 4 year old daughter. 1 Quote Link to comment Share on other sites More sharing options...
Hugh 0ne Posted June 11, 2012 Share Posted June 11, 2012 Let it roll. So long as you can take the wrath of the local Nittany Lion gaggle Menudo. Fixed. Quote Link to comment Share on other sites More sharing options...
cliaz Posted June 11, 2012 Share Posted June 11, 2012 (edited) Harmon described the dad as "very remorseful," adding that he didn't know the man was going to die. If, for whatever reason it did go to trial I do not think it would be considered Homicide but more Manslaughter either in the 1st or 2nd degree. And even then I think his defense team would leverage 'a crime of passion' or 'temporary insanity' to get the charges dropped. No father would be in any other mind set except for protecting their child and I bet most of us would have done far, far worst to the POS. Edited June 11, 2012 by cliaz Quote Link to comment Share on other sites More sharing options...
untateve Posted June 12, 2012 Share Posted June 12, 2012 If, for whatever reason it did go to trial I do not think it would be considered Homicide but more Manslaughter either in the 1st or 2nd degree. And even then I think his defense team would leverage 'a crime of passion' or 'temporary insanity' to get the charges dropped. No father would be in any other mind set except for protecting their child and I bet most of us would have done far, far worst to the POS. There is no such thing as "temporary insanity." Ungovernable rage cannot form the basis of an insanity defense. While the father killing the perp in this case may be justifiable, his attorneywould not assert an insanity defense. Quote Link to comment Share on other sites More sharing options...
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