Custody argument results in Texas man being shot to death

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  • ozarkpugs

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    Apr 7, 2018
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    The whole thing could of been an elaborate plan by the ex wife, knowing how the dad would react, because she has prob delayed the turnover several times and knew exactly how he would react
    Exactly my thinking . Being legal does not mean being right .

    Sent from my LM-K920 using Tapatalk
     

    thperez1972

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    I noticed a couple of things in the video. The now dead guy tells his ex-wife he has the police on the way to her mom's house because that's probably where his son is. So he's being told his son isn't there and he already believes his son is at another known location? Why didn't he leave at that point and go to her mom's house to get his son? After all, wasn't getting his son the point of him being there?

    If you watch the full video, you can see his aggressive posture. He leans in when he's yelling at his ex-wife. When he tells her "you're telling me I can pick him up at 6," you can see him start to move towards his ex. You can see her start to move backwards. This is speculation but I would not be surprised if I learned there was a history of him being overly aggressive toward her. You can see her retreat again when he points his finger at her and tells her "I don't care if you wanted to see him or not." He repeatedly interrupts her. When he does, she will look down, as if she knows not to look him in the eyes and provoke him.

    He talks about dragging people to court. That's the right spot for this disagreement. The ex-wife is playing games? Document it and move on. Bring the documentation to court. The last thing any caring parent should want to have is a front yard custody battle.

    As I understand Texas law, the resident was within his rights to bring the rifle on his porch. If I'm not mistaken, the domicile in Texas includes the porch. At that point, the now dead guy approached the resident and got in his face. He told the resident he would take the rifle from the resident and use it on the resident. The now dead guy moved his hand as if to reach for the rifle. Was he making good with his threat? After the attempted disarming, the resident then created enough distance to fire a warning shot. The now dead guy then grabbed the rifle and attempted to disarm the resident again. The effect of that effort was throwing the resident off his own porch. The resident, after two disarming attempts by an angry emotional man who threatened to take the rifle away and use it on the resident, then immediately raises the rifle and fires 2 shots. Unfortunately, the woman filming the encounter must have a vertical tv so she doesn't understand the value of landscape mode and we can't see what the now dead guy does in the second between the attempted disarming and the first shot.

    I'm sorry that someone lost their life over a stupid argument that escalated. But the overly aggressive guy lives in Texas. He should know Texas law. He should know better than to confront an armed man on that armed man's property.
     

    Bigchillin83

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    Was thinking the same thing about video, only thing I can think is they edited the video to not see the impact/death shots… kinda what it looked like to me
     

    Emperor

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    The dead guy fell like a ton of bricks! He must have been killed instantly!

    Kind of sad all around.

    I am betting no news stations or papers will follow up this story when all the facts leading up to it get unpacked.
     

    Kraut

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    He brought a gun to a word fight. Once the gun was there, the ex ramped up quickly and did physically aggress, but I have trouble seeing past the homeowner not at least trying first to escort the girlfriend inside with him while telling the ex that they're just gonna wait inside for the cops to arrive to sort things out.
     

    thperez1972

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    He brought a gun to a word fight. Once the gun was there, the ex ramped up quickly and did physically aggress, but I have trouble seeing past the homeowner not at least trying first to escort the girlfriend inside with him while telling the ex that they're just gonna wait inside for the cops to arrive to sort things out.
    The incident happened at the homeowner's property. The gun was already there and the ex husband was already aggressive. He already knew the kid wasn't there. The ex-wife told him and he said he figured the kid was at her mom's house. At that point, there was no reason for the ex-husband to be there and he should have left the property.
     

    AndyG

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    If the shooter would have stayed inside and waited for the ex to kick his door in, then lit him up, this story is never seen. However, shooters' wife was outside arguing with the ex. They would have called him a coward if the ex shot the wife in the driveway while the new husband watched through the peephole.

    Obviously there is more to this. Like, how did the ex arrive on the scene in the first place? Did the wife go outside to talk to him? Did he ambush her in the driveway? Did she/they know he was coming? Did they knowingly or purposely delay the transfer of the kid on time to dad?

    Remember; the statistics don't align with the angry aggressors!
    Highly recommend listening to the content of the exchange between deceased and ex-wife. “gonna subpoena you, your mom, etc” are not the words of a man on the brink of assault/murder
     

    thperez1972

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    Highly recommend listening to the content of the exchange between deceased and ex-wife. “gonna subpoena you, your mom, etc” are not the words of a man on the brink of assault/murder
    He shouldn't have threatened to subpoena them. He should have left and subpoenaed them.

    Once he learned his son was not there, he had no reason to stay on the property other than to harass the people living there. I highly recommend listening to his words and his tone in conjunction with watching his ex-wife reaction. You say he's not on the brink of assault because he used a legal work. I say he has a history of assault. When he raises his voice, his ex-wife cowers a little bit and looks down to avoid eye contact. When he looks like he's about to move toward her, she starts to back up. She's scared of him. She knows to avoid any real confrontation with him because she knows what he's capable of. So the overall context tells me a different story than his using a legal word does.
     

    Nontoxyc

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    It's a bad shoot, the man shot had a court order to be there to pick up his kid, therefore he wasnt trespassing. Self defense law also doesn't apply to simple trespassing. You can't just light up people that walk on your lawn or step foot on your property lol.
     

    Bigchillin83

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    Not feeling very crazy?!?!? Does it come on all at once or does it take some time? Lol

    No but seriously… I feel he has the law on his side otherwise there would have been charges already… was it morally correct??? Could have happened 1000 other ways, but with that equation, the man shot could have acted 1000 other ways also, I deff don’t think it’s premeditated to shoot him…. Maybe premeditated to make ex husband mad and angry that’s very likely …
     

    Bigchillin83

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    He shouldn't have threatened to subpoena them. He should have left and subpoenaed them.

    Once he learned his son was not there, he had no reason to stay on the property other than to harass the people living there. I highly recommend listening to his words and his tone in conjunction with watching his ex-wife reaction. You say he's not on the brink of assault because he used a legal work. I say he has a history of assault. When he raises his voice, his ex-wife cowers a little bit and looks down to avoid eye contact. When he looks like he's about to move toward her, she starts to back up. She's scared of him. She knows to avoid any real confrontation with him because she knows what he's capable of. So the overall context tells me a different story than his using a legal word does.
    I agree there is more to this, there is a strong “past fear” from her…. She knew what he was about to become… not saying there’s a “past instigator” her who is real good at putting him in that situation
     

    Kraut

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    The incident happened at the homeowner's property. The gun was already there and the ex husband was already aggressive. He already knew the kid wasn't there. The ex-wife told him and he said he figured the kid was at her mom's house. At that point, there was no reason for the ex-husband to be there and he should have left the property.
    I'm 100% in agreement that the ex should have left when asked. However, when he didn't leave, he still had not, at least in the video we're all seeing, done anything to physically attack or threaten anyone, no verbal threat of violence had been voiced, and I think that to go get a gun to try to make him leave before calling the cops to make him leave was a poor choice. Once the homeowner brought the gun into the equation, that was when the ex became physically challenging. That was certainly a poor choice on the part of the ex to physically engage the gun-wielding homeowner, and at that point he made himself front-runner for the stupid prize at the end of the stupid game, but without the homeowner bringing that gun outside, it may have just been a lot more loud words and a trespass arrest. Let him stand outside and scream until the cops get there.

    Suppose the homeowner went and got the gun ready, came back to the door, keeping it out of sight, and told the girlfriend "Come on in, honey, I've called the cops and we'll just wait and let them sort it out." Now, if she comes in and the ex stays outside on the lawn screaming and yelling, no big deal. If he tries to interfere and prevent her from going inside, gun's handy and then the homeowner can let him know he has it, even use it if then becomes necessary, but the ex is now the one who has escalated the circumstances, and the homeowner has clearly exhausted available options to avoid using deadly force. The homeowner could have 911 on the line recording as it went down. The homeowner just got stuck on "leave or I'm gonna make you leave," which I think was a poor choice given available options yet to try.
     

    thperez1972

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    It's a bad shoot, the man shot had a court order to be there to pick up his kid, therefore he wasnt trespassing. Self defense law also doesn't apply to simple trespassing. You can't just light up people that walk on your lawn or step foot on your property lol.
    I believe the laws are different in Texas. I think the porch is considered part of the domicile.

    Does the court order give him unrestricted access to the property? He knew the kid wasn't there. He believed the kid was at her mother's house. That's why he said he sent the police there. So if the court order allows him to be there to pick up his kid and he knows the kid isn't there to be picked up then hiding behind the court order is pretty thin. Besides, he wasn't shot because he was trespassing. He threatened to take the homeowner's weapon away and use it on the homeowner. He was shot when he tried to take the weapon away.
     
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