Author Topic: What’s the chance for a fair trial in Austin?  (Read 896 times)

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Offline TXAZ

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What’s the chance for a fair trial in Austin?
« on: July 26, 2020, 08:14:33 AM »
A motorist in Austin shot and killed a protester last night moving toward his car. 
With Travis’ County’s policy of all shooters go to trial, what’s the chance for a fair trial?
Several complications listed in the article complicate the issues. 


https://www.statesman.com/news/20200725/man-shot-to-death-during-downtown-austin-protest
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Offline Shield45

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Re: What’s the chance for a fair trial in Austin?
« Reply #1 on: July 26, 2020, 10:17:18 AM »
Dunno about the circumstance but sounds like the shooter may have provoked the situation.

As far as fair trial in ATX depends on finding 12 open minded leftists in a city filled with closed minded leftists.
Lead by a leftist mayor and council.

Hopefully the man has good lawyers and they can get it moved to another court.

IMO these incidents will become more frequent as I believe that folks are getting close to their tolerance level for these “protests” that lore often than not are thinly vailed riots/property destruction.

We are supposed to be a nation of LAWS seems now we are becoming a lawless nation as we pick and choose when where and which laws to enforce and or disregard.

Keep your weapons loaded and your ammo dry folks.
 


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Offline Gilgondorin

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Re: What’s the chance for a fair trial in Austin?
« Reply #2 on: July 26, 2020, 02:10:33 PM »
From what I've read so far through other sources (the OP's linked article is behind a paywall), there exists enough doubt as to whether he was justified or not that I won't say whether I hope he gets off or not just yet.

However, in my opinion the idea of the 'fair trial' in general is null and void in the modern era.

If the law wants to fry you for something, you WILL fry. District Attorneys have far too many tricks up their sleeves for it to be any other way now-days; moreover where they might not have before, screaming BLM mobs running out to burn down cities, set up 'Autonomous Zones' and throw rocks through their house windows are providing the motivation to utilize these broad powers in pursuit of the almighty conviction.

Offline Shield45

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Re: What’s the chance for a fair trial in Austin?
« Reply #3 on: July 26, 2020, 03:46:19 PM »
From what I've read so far through other sources (the OP's linked article is behind a paywall), there exists enough doubt as to whether he was justified or not that I won't say whether I hope he gets off or not just yet.

However, in my opinion the idea of the 'fair trial' in general is null and void in the modern era.

If the law wants to fry you for something, you WILL fry. District Attorneys have far too many tricks up their sleeves for it to be any other way now-days; moreover where they might not have before, screaming BLM mobs running out to burn down cities, set up 'Autonomous Zones' and throw rocks through their house windows are providing the motivation to utilize these broad powers in pursuit of the almighty conviction.
Fo sho
They have no problem trampling one persons rights to advance the false narrative of BLM.


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Online DCD327

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Re: What’s the chance for a fair trial in Austin?
« Reply #4 on: July 26, 2020, 08:35:42 PM »
Didnt see any video of the shooting.

But the BLM rioter was on tape bragging how citizens are pussies and afraid of them. (His words)

It is pretty clear the victim was intentionly trying to intimidate people by carrying an ak assault rifle  to a riot.

This might be a case where too much stupid got In  the same space together?

Hard to tell. 

The RUMOR on Twitter is the victim fired 5 shots before he was shot and killed.

Videos will surface. They always do.

Politicians are like diapers, they should be changed often, and for the same reason.

There are two kinds of people in the world my friend. Those with loaded guns, and those who dig. YOU DIG.  " Blondie".

Well, any man that wouldnt cheat at cards for a poke, dont want one bad enough. " Gus".

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Re: What’s the chance for a fair trial in Austin?
« Reply #5 on: July 26, 2020, 09:34:30 PM »
Just watched several vids of this shooting.

The rioter approached the car , brandishing, aiming at the driver, and fired 5 shots, missing the driver.

The driver then put 3 rounds into the rioters chest.

It appears the rioter fired a last shot as he was hitting the ground.

Clearly a self defense case for the driver.
How can someone fire and miss 5 rounds with an ak 47 , and claim anything but stupid.

The videos of the rioter bragging  how citizens are all pussies and scared of the BLM wont help the DAs cause either.

I'd recommend if ANY charges are filed against the driver, he counter Sue , file a state court complaint against the DA,  and files for a change of venue.

In PA, once a complaint is filed against a judge or DA for bias and illegal acts, it's pretty rare the state court wont pull the case and hear it themselves.
Did it twice, and won easy both times.

If TX is 2 A friendly, this guys has some bullshit to wade through, but he will win.

I dont think there is anyone who can say they would allow some nut rioter to take 5 cracks at them with a 7.62 and not drop him in his tracks.

Which is exactly what happened.
Politicians are like diapers, they should be changed often, and for the same reason.

There are two kinds of people in the world my friend. Those with loaded guns, and those who dig. YOU DIG.  " Blondie".

Well, any man that wouldnt cheat at cards for a poke, dont want one bad enough. " Gus".

Offline Axxe55

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Re: What’s the chance for a fair trial in Austin?
« Reply #6 on: July 27, 2020, 08:26:10 AM »
I'm getting mixed stories on the shooting. Here are some.

https://www.nytimes.com/2020/07/26/us/austin-shooting-texas-protests.html

This one is trying to make a martyr of the guy that was shot.

https://www.statesman.com/photogallery/TX/20200727/NEWS/727009999/PH/1

More stories.

https://www.cnn.com/2020/07/26/us/austin-protests-shooting/index.html

https://time.com/5872062/austin-black-lives-matter-protester-killed/

https://www.kxan.com/top-stories/community-mourns-garrett-foster-who-was-fatally-shot-during-downtown-austin-protest/

From some of the articles, they clearly are biased against the shooter in the vehicle. One thing that did emerge from the stories, that Foster, (the guy that was shot.) is white. So at least they can't use race as a bias in this shooting.

So far, from what I have read, the driver was clearly in the right to use lethal force to defend himself. Some are pointing to the fact that Foster, (who is a BLM supporter) does carry an AK 47 quite regularly to such events, and that he posts some pretty inflammatory statements on social media. Very possible, that Foster carried an AK 47, and was looking for a confrontation. He might have found it.

Fair trial? It is Travis County and Austin. The hotbed of liberal politics in Texas. Now just from what little I have gathered, it looks like the police chief is doing the right thing with the investigation of the shooting. Trying to determine the facts. If they determine the shooting to be justified, it should go no further. But which way does  the DA go? That is the question.

Offline Shipwreck

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Re: What’s the chance for a fair trial in Austin?
« Reply #7 on: July 27, 2020, 08:49:09 AM »
If they determine the shooting to be justified, it should go no further. But which way does  the DA go? That is the question.

No, it still must go to a grand jury. That's the final step when someone gets cleared or charged. The police can make a recommendation, but it is the prosecutor who takes it to the grand jury.

Even when a police officer has a justified shooting, it still goes to a grand jury

Offline Shield45

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Re: What’s the chance for a fair trial in Austin?
« Reply #8 on: July 27, 2020, 09:41:34 AM »
And lest we forget the possible CIVIL lawsuits the shooter can/will face.

He may receive a get out of jail free card however the dead dudes familia will be aiming to cash in I bet.



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Offline Axxe55

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Re: What’s the chance for a fair trial in Austin?
« Reply #9 on: July 27, 2020, 10:43:58 AM »
If they determine the shooting to be justified, it should go no further. But which way does  the DA go? That is the question.

No, it still must go to a grand jury. That's the final step when someone gets cleared or charged. The police can make a recommendation, but it is the prosecutor who takes it to the grand jury.

Even when a police officer has a justified shooting, it still goes to a grand jury

That is exactly true. If the investigation determines the shooting was justified by the police, they relay that information to the DA's office and the prosecutor takes it to the grand jury, and presents the case as to what the investigation determined. Whether a grand jury decides to indict, or drop the case, depends upon a lot of how the prosecutor presents that case to them and how he spins the case.

If the prosecutor happens to be some ultra left-wing liberal that despises people having guns, there is a possibility the shooter could be indicted even though the shooting was very clearly justified. Which means he will end up going to trial.

Offline Axxe55

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Re: What’s the chance for a fair trial in Austin?
« Reply #10 on: July 27, 2020, 10:46:12 AM »
And lest we forget the possible CIVIL lawsuits the shooter can/will face.

He may receive a get out of jail free card however the dead dudes familia will be aiming to cash in I bet.



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To the best of my understanding of Texas statutes, if the shooter was determined to have committed justified homicide and acquitted of the charges if he is charged, he would be immune to civil litigation. IIRC, that was part of the provisions of our Castle Doctrine Laws in Texas.

Offline Axxe55

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Re: What’s the chance for a fair trial in Austin?
« Reply #11 on: July 27, 2020, 10:48:41 AM »
   Penal Code Sec. 9.32   (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. (b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor: (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; or (C) was committing or attempting to commit an offense described by Subsection (a)(2)(B); (2) did not provoke the person against whom the force was used; and (3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used. (c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section. (d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.

Texas Civil Practice and Remedies Code (T.C.P.R.C)

TITLE 4. LIABILITY IN TORT

CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON

Sec. 83.001.  CIVIL IMMUNITY. 

A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable.

Offline TXAZ

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Re: What’s the chance for a fair trial in Austin?
« Reply #12 on: July 27, 2020, 02:41:45 PM »
Axxe
You left out ...except in Travis County!
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Offline Axxe55

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Re: What’s the chance for a fair trial in Austin?
« Reply #13 on: July 27, 2020, 04:32:05 PM »
Axxe
You left out ...except in Travis County!

Nope! Covered that in a previous post!  :th_thicon_lol: :wave1: :P

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Re: What’s the chance for a fair trial in Austin?
« Reply #14 on: July 28, 2020, 12:23:40 AM »
Yup. The castle doctrine cover frivolous law suits on shootings. 

Gla d PA adopted them about 10 years ago.

We had pretty good self defense laws, especially in your home. At home or on your property you had stand your ground.

But it was a clouded issue in public.

Then they added the castle doctrine to it,  which gave us the right NOT TO RETREAT in public.

Stand your ground was adopted.

If you see someone committing a felony, in public,  with a weapon, armed robbery, assault, rape, etc, you can shoot them dead. Period.

Armed robberies dropped drastically.  :th_thicon_funny:

From the video I seen on this shooting, the dumbass BLM rioter  with the ak47 took 5 shots at the car, and the driver put 3 in his chest, he  didnt miss.

He should be good. But I'm sure they will try and drag him through the mud.
Politicians are like diapers, they should be changed often, and for the same reason.

There are two kinds of people in the world my friend. Those with loaded guns, and those who dig. YOU DIG.  " Blondie".

Well, any man that wouldnt cheat at cards for a poke, dont want one bad enough. " Gus".

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Re: What’s the chance for a fair trial in Austin?
« Reply #15 on: July 28, 2020, 02:27:23 AM »
Just seen the nightly PBS news report on this.

They said a PEACEFUL protestor was shot dead AFTER  a vehicle PLOWED THROUGH the PEACEFUL protest. 


Not one part of that is even remotely true.

No mention of the rioter shooting first 5 times, carrying an ak47, nothing.
No mention the car stopped at a light and the mob surrounded the car.
No mention of the BLM rioter running up to the car and opening fire FIRST.

I knew PBS news were world class liberal liars, but DAMN !  :bangheadonwall:
Politicians are like diapers, they should be changed often, and for the same reason.

There are two kinds of people in the world my friend. Those with loaded guns, and those who dig. YOU DIG.  " Blondie".

Well, any man that wouldnt cheat at cards for a poke, dont want one bad enough. " Gus".

Offline TXAZ

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Re: What’s the chance for a fair trial in Austin?
« Reply #16 on: July 28, 2020, 08:06:50 AM »
Sounds like Austin 5 years ago when a guy did decide to drive through a crowd. Maybe PBS was having a memory problem.
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Offline Axxe55

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Re: What’s the chance for a fair trial in Austin?
« Reply #17 on: July 28, 2020, 08:32:59 AM »
A lot of the news feeds are putting a deceptive spin on the shooting. Also like the fact that Foster, ( the BLM member who got shot.) was a radical BLM member who was well known to openly carry an AK rifle to "events".

I think Foster might have been looking for a confrontation, or trouble, and for once he found it.

I think someone forgot to tell Foster if you point guns at people, one of them with a gun, might shoot you!

Any prosecutor that wants to take this case to trial would be simply doing it for a political agenda.

Offline Gambler

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Re: What’s the chance for a fair trial in Austin?
« Reply #18 on: July 31, 2020, 11:34:08 AM »
Just watched several vids of this shooting.

The rioter approached the car , brandishing, aiming at the driver, and fired 5 shots, missing the driver.

The driver then put 3 rounds into the rioters chest.

It appears the rioter fired a last shot as he was hitting the ground.

Clearly a self defense case for the driver.
How can someone fire and miss 5 rounds with an ak 47 , and claim anything but stupid.

I would love if you would post a link to the video that shows the rioter approaching the car, brandishing, aiming at th driver, and firing 5 shots.

I have seen nothing even close to having that much visible detail.

Please post a link to the video.

Thanks

The videos of the rioter bragging  how citizens are all pussies and scared of the BLM wont help the DAs cause either.

I'd recommend if ANY charges are filed against the driver, he counter Sue , file a state court complaint against the DA,  and files for a change of venue.

In PA, once a complaint is filed against a judge or DA for bias and illegal acts, it's pretty rare the state court wont pull the case and hear it themselves.
Did it twice, and won easy both times.

If TX is 2 A friendly, this guys has some bullshit to wade through, but he will win.

I dont think there is anyone who can say they would allow some nut rioter to take 5 cracks at them with a 7.62 and not drop him in his tracks.

Which is exactly what happened.

Offline Longhorn1986

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Re: What’s the chance for a fair trial in Austin?
« Reply #19 on: August 02, 2020, 05:30:05 PM »
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