A time to kill.
Down in the wooded coastal plain of Lavaca County, TX, we're pretty proud of the Spoetzl Brewery that's been making Shiner beer for over 100 years. Also, there's a kind of old school wisdom that supports an interesting point in Texas law:
(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.Texas Penal Code Section 9.32
I've always wondered if I would see such a case. Dad walks in, finds another man molesting his daughter, and kills that man. The especially compelling part about this new case in Shiner, TX is that the alleged molester (now deceased) was with a 4 year old girl, and that the father used his bare hands to kill the man.
They'll trot it before the grand jury to get the dad acquitted, but it looks like everyone is willing to sign off on it, due to the above Penal Code reading.
If it happened the way that it is alleged, I'm fine with it, too, in my heart. But you know, the story reads that the father "stopped him by striking him in the head several times." How many strikes to the head were rendered after the effective cessation of the aggravated sexual assault?
I think back to the 2009 case of OKC pharmacist Jerome Ersland, who shot and killed a robber that he had just incapacitated, and was convicted of murder. There was even video of the whole stick-up. But this was a little girl being raped, and this is Texas, and there's no video of the father's final swings, so I guess it's his story to tell.
I sincerely hope that, if it all went as he says, it all works out for the father and his daughter.