” A man said he was walking to his car shortly after 5 a.m. on his way to work,” khou.com reports. “Just as he sat down in the car, he heard a knock on his window. When he rolled it down, he found himself staring right at a gun. The suspect demanded his car. The two began to struggle and the intended victim managed to wrestle away the would-be robber’s own gun to shoot the suspect . . .┬áHe was transported to the hospital, but died as a result of his injuries.” Or, you could say, as a result of his criminal assault. The man’s beleaguered neighbors seem good with this. All I can add: it’s probably better to drive away from a carjacker, or shoot him with your own gun or maybe even give him your car. But needs must and all’s well that ends well. That is all.

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35 Responses to Defensive Gun Use of the Day: Houstonian Fights Back Edition

  1. Heh. Metro Employee. I know quite a few and most are packing off the job. Actually that goes for a lot of city employees as they seem to be targeted fairly often.

  2. my question would be once you get his gun away from him is he still a lethal threat? not trying to monday morning qb, but i could see that argument made and it turning out bad in some states.

  3. I agree with stngray713. Apparently we were posting at the sane time.

    I think this man might well be in legal peril. If there are powder burns indicating the gun went off during the struggle he’s likely home free. If not and no other weapon is found or the wounds of the assailant indicate he was retreating, the sailing may not be as smooth as you might want.

    • Hopefully it can be shown that the BG was reaching into the car desperately trying to retrieve his pistol. If that is in fact the case then the DGU is entirely justified, as would have been putting it in reverse and backing over the fvcker.

      • This happened in Houston, in the state of Texas, vehicles are an extension of the Castle Doctrine.

        Tex Pen Code 9.32: Deadly Force

        (a) A person is justified in using deadly force against another:

        (1) knew or had reason to believe that the person against whom the deadly force was used:
        (A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;
        (B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment;

        Technically, in Texas, you can use deadly force in defense of yourself just by the act of them forcing themselves onto your property.

        I think the guy will be OK, unless the DA has a hard on for going after guns.

  4. I would NEVER roll down my window for some a###$&e knocking on my window at 5am. This guy is damn lucky to be alive.I’m kinda’ partial to running him over if I wasn’t armed. Driving through Chicago makes me cringe at stoplights or heavy traffic. I’ve also had a few narrow escapes&harrowing attacks on my person. Glad the scum got his just reward.

    • I was driving through an unfamiliar part of Brooklyn a few years back, and I was stopped at a light on a four lane road. I was about three cars back and right up against the guy in front of me, and hemmed in behind. Fat, dumb and happy.

      Then a guy comes piling out of the house immediately to my right waving an semi-auto pistol around, and I was stuck, stuck, stuck. If he had decided to come my way, there is not a damn thing I could have done about it.

      Since that day, whenever I am driving in an urban environment, I always leave at least three car lengths in front of me at any stoplight, and try to be in the lane away from the curb whenever possible. The next time this happens, I want options. And your best option rests under your right foot. Speed=Life.

      • Good tactics. I too leave some space between my car and the car in front so I’m not hemmed in. I learned this through Smith Driver training, but it definitely has tactical applications.

  5. If I didn’t have the legal paper work to carry a gun, I would always wrestle my, I mean his gun away from the perp.

    • Hmmmmm….interesting conjecture. I would be worried there was no BG DNA on the weapon and plenty of mine in the magazine and bullets.

    • In Texas you are not required to have a CHL to have a weapon in your car. As a matter of fact, a person inelgible for a CHL but who can lawfully own a firearm may have one in their vehicle.

      Other than members of the military, you must be 21 to have a Texas CHL but my 18 yo daughter may carry in her home or car and directly en route to either.

  6. In response to someone that said that once the man too away the gun he was no longer a threat. If the victim could turn the tables, the perp could re-turn them, so yes he still is a threat!

  7. It’s not about the inanimate object in your hands. The weapon is you. Either you’re a predator or a victim. A well armed victim is still a victim.

    An unarmed predator….well, there is no such thing.

    • A predator armed with only his hands and superior strength is a predator indeed. “Predator” is a mind set, a choice – just as is “victim” (excluding the truly helpless, of course). They come in all shapes and sizes, whether or not they use tools.

  8. I wasn’t there so I wont judge the methods used. But the results are another dirtbag off the street (unless he was just trying to get a ride to the hospital for his sick mother?), a dirtbags weapon off the street, no harm to anybody of worth to society. Sounds like a win all around to me.

  9. You can see and talk through window glass, no reason to roll the window down or open the door.

    But, in all fairness, you can shoot through window glass too. So, down or up doesn’t matter much if the BG is willing to shoot you.

  10. ALWAYS park with your wheels turned all the way to the right. When you get in the car, ALWAYS lock the doors THEN turn on the car. Seat belt comes last. (sorry Drivers Ed).
    Then, If this scenario occurs, you can drop it into reverse and floor it. The BG at your driver’s window must then Move it or Lose it! (advice courtesy of Massad Ayoob, “The Truth About Self-Protection”( bantam Paperbacks, 1983).

    • Gregolis – Nice! I lock the doors and have the engine running, but I really like the concept of turning the wheels to the right. It adds a whole ‘bother dimension go defensive driving.

  11. This Texas son! Not only is my car an extension of my castle, but I may use deadly force to protect my property or prevent you from fleeing with my property. I’m not saying I would do so, because the troubles that arise are likely not worth my wallet.

    http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.9.htm

    Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
    (1) if he would be justified in using force against the other under Section 9.41; and
    (2) when and to the degree he reasonably believes the deadly force is immediately necessary:
    (A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
    (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
    (3) he reasonably believes that:
    (A) the land or property cannot be protected or recovered by any other means; or
    (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

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