Self-defense or murder: License to carry gun not a license to kill, says S.A. DA (Texas)

[jpak]

http://www.kens5.com/home/Verdict-uncertain-Naked-homeowner-shoots-kills-confused-teen-117667358.html

Ray Lemes is accused of killing 19-year-old Tracy Glass after the teen entered Lemes' home.

<snip>

They have heard three days of testimony about a man, awakened by his wife's screams in the house, then running out stark naked with a handgun and killing an inebriated college student. The have heard about a college student, Tracy Glass, who prosecutors say got lost trying to find his way back to his sister's home, with no intentions of hurting anyone or stealing anything. They have heard about the Castle Doctrine, which allows homeowners to defend themselves, their loved ones, and their property if they believe their lives are in danger.

Prosecutors want a murder conviction, telling the jury they don't believe 19-year old Tracy Glass was ever in the Lemes' home, and was shot running away from a man with a gun.

"Self-defense is not available to him. And in absence of self-defense, he is guilty of cold-blooded murder. That's what he's guilty of. His license to carry a concealed handgun is not a license to kill," said assistant district attorney, David Lunan.

<more>

Castle Doctrine Fail

yup

[RandomThoughts]

1. Here is what people don't know about castle doctrine.

When wealth, or a home, or some might call a castle is built off the work of many people, then the occupier of that castle is not the owner.

And the people that worked for years, hard work, without reward do own the castle.

So if they go into that castle, and correct what is wrong, it is them protected by castle doctrine.


So if you think your home is your home, it maybe because you don't know you are not yet in your place, and those that do actually own the place you think is yours, will be claiming it.

Loreena McKennitt The Mummers' Dance
http://www.youtube.com/watch?v=0B7sH5QLyXY

[GreenStormCloud]

3. That video has no standing in state Law.

If you are taking legal instruction from that video you are getting very bad instruction.

[PavePusher]

4. WTF? I hope you work the mid-shift.

No other excuse for posting that drunk, that early... :toast:

[RandomThoughts]

6. Do you disagree?

If so why?

[PavePusher]

9. I'm not sure, as I don't think I really know what you are trying to say.

Hence the lame joke. Sorry 'bout that...

[AtheistCrusader]

13. What you posted could indeed be true of public places.

Has no relation to this story. This was a private residence.

[damntexdem]

2. Well, if he was stark naked, then it's hard to see how he had the gun concealed.

That is, unless it was stuck up his . . .

;-)

[timo]

5. more like

drunk dumbass fail,

[lawodevolution]

7. The real story probably is the guy caught his wife having sex with a young man

Young man got shot. When you are f'in a MILF, try not to get caught or you might get shot. Play stupid games win stupid prizes.

[lawodevolution]

8. Even with this Jpak anti CCW propaganda thread the truth is members of MAIG have a conviction

Rate about 40+ times higher than Texas CHL holders. Your attempt at painting CHL holders as bad is a fail.

[ileus]

10. Hope he's found innocent...

[ManiacJoe]

11. Based on what?

That article was worthless as far as facts go. However, the last sentence in it does not look helpful for the defendant:

"No signs of his fingerprints were ever uncovered in the Lemes house. But there were blood stains in the cul-de-sac, where the shell casings were found."

[burrfoot]

12. I noticed that line too....

if the shells were out in the cul-de-sac then regardless of whether the now-dead-guy broke/stumbled into the home or not, it sounds like this guy is guilty of murder.