Tuesday FGS

| January 17, 2023


M1903 Service Rifle

Update
Houston activists call for arrest of armed taqueria diner who shot, killed robbery suspect
The activists say the shooter when from being a law-abiding citizen to a lawbreaker when he continued to fire despite there being no threat

By Louis Casiano | Fox News
Community activists in Houston are calling for a restaurant patron who shot and killed a robbery suspect during a holdup to be arrested, saying he went beyond self-defense despite many calling him a hero.

Customers were eating inside a local taqueria when 30-year-old Eric Eugene Washington entered and pointed a pistol at them and demanded cash. As he gathered the cash, an armed patron can be seen on surveillance video getting up from the booth he was sitting in and shooting his pistol at Washington multiple times.

“He was within the law when he fired the first initial shots,” said activist Quanell X in a news conference in front of the establishment. “But we believe he went from being a law-abiding citizen to a lawbreaker.”

No Score
Fox News

Mr. X has a valid point. What the Grand Jury decides will be wrong from someone’s viewpoint. Thankfully KHOU will be there.

Applebee’s diner stops knife-wielding attacker after worker slashed in face, NY cops say

Julia Marnin
A man dining at Applebee’s watched another man grab a steak knife and start swinging the weapon — so he leapt into action, authorities in New York say.

After the knife-wielding attacker slashed one worker in the face while fighting several staff members, the man eating dinner pulled out a handgun at the New Hartford restaurant the evening of Jan. 14, a police news release said.

The diner, with his gun drawn, ordered Esteban F. Padron, 28, to drop the knife and get on the ground, according to police.

Padron listened to the commands and stayed on the ground until New Hartford police officers arrived at the Applebee’s to arrest him after being called to the restaurant around 6:45 p.m., they said.

0 / 1 / 0
Yahoo

Another media non-event- good guy with a gun stops a knife assault and doesn’t shoot. Or, meltdown gives up at a leveled firearm and is under mental evaluation. That’s not the narrative, dammit.

Officials: Rapid City officer justified in fatal shooting

A Rapid City police officer justifiably believed that his life was in danger when he shot and killed a man at an apartment complex in November, South Dakota Attorney General Marty Jackley said Thursday.

Jackley said a Division of Criminal Investigation review found the man, James Mathew Murphy, rushed at the officer with a knife and struggled with him before he was shot.

“The officer attempted to deescalate the situation but the individual they encountered continued with threatening behavior,” Jackley said. “This was a justified use of lethal force by the officer.”

1 / 0 / 0
Yahoo

DAs in South Dakota are not like the DAs in New York. Or Massachusetts. Or Maryland. Or..

Thanks again, Gun Bunny.

The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.
Martin Luther King, Jr.

Category: Feel Good Stories, Guest Link, KHOU

22 Comments
Inline Feedbacks
View all comments
President Elect Toxic Deplorable Racist SAH Neande

I’d like to know what laws the taqueria defender broke by continuing to shoot a dead perp?
Granted, you could argue that continuing to shoot was excessive, but that could be argued as being in the moment of an adrenaline dump.
Possibly, desecration of a corpse? Well, the perp was already dead. He didn’t care. Not like he was going to rise up and say, “Not cool, dude, enough, stop it”.
Well, Mr Quanell X, I’d like to hear from your highly educated and trained (/s) astute legal mind exactly what law(s) you believe that the taqueria defender broke.
While you’re formulating a rebuttal that’s NOT part of a LibTard “talking point”, I’ll be waiting over here, NOT holding my breath. I may even finish reading “Atlas Shrugged” by the time you reply.

The “we believe” part is where they make their own law because they want-to.

You are making an assumption he was dead at that time and there is no proof of that. The difference between being dead vs not dead is pretty significant from a legal standpoint. People who were recently alive are assumed to be alive unless declared dead by a medical authority. Even if say his heart had stopped beating he may have been revived. Shooting someone in the back of the head makes that much less likely.

He was no longer an active threat when the last four rounds were fired and therefore deadly force was no longer allowable.

Last edited 1 year ago by 5JC
Graybeard

Don’t confuse “legally dead” with “certainly dead”

Many moons ago, as an EMT-B, we had a case of a young man whose skull was cracked wide open, with part of his brains left on the concrete pillar he’d hit, and most of his blood on the floorboard of his car.

He was most certainly dead – and everyone there knew he was dead, but he wasn’t “legally dead” until the JP showed up and said he was. But we certainly were not about to expend any energy trying to ‘keep’ him alive.

In the Houston case, four rounds through upper torso back-to-front, (judging from the angle of the gun and distance to the perp) and another four diagonally through the torso lower-left to upper right will be adequate to pretty well let a reasonable man conclude the perp’s career had some to a roaring halt. If, as seems reasonable, the defending citizen was using modern defensive round, then the likelihood of the perp’s demise is greatly increased.

I would like to see the coroner’s report, though.

5JC

Hey, if the Dutton family leadership can survive such wounds at their age no reason to think that a younger guy couldn’t.

Graybeard

 😂 
Hollyweird
 😆 

Self defense law is pretty clear and well established. In order to be justified in using deadly force, you must have a reasonable fear of imminent death or great bodily harm to yourself or others.

As soon as that reasonable fear is removed (the threat is stopped) you no longer are protected by a claim of self defense.

As soon as the perp went down to the ground on his face, he no longer posed a threat. The defender should have stopped firing at that point.

Benefit of the doubt might be afforded for a shot or two immediately after the threat goes down, but in this case the guy continued firing even after it was obvious the threat was removed, then paused to assess the situation, then fired a final round.

Any jury properly advised about the law of self defense that watches that video is going to convict the guy in my opinion.

Sailorcurt

I’m sure the defense will try to argue that the perp was already dead when those final shots were fired, and the coroner will likely be able to identify the specific bullet most likely to have caused death, but who can say whether that bullet was the first fired, or the last?

There is no way to know specifically when during the incident the perp actually died, so I doubt that argument will fly.

As people who carry defensive firearms, we don’t shoot to kill, we shoot to stop the threat. If you think otherwise, I sincerely hope you never have the occasion to find out. I doubt that prison is much fun.

jeff LPH 3 63-66

I commented below a little different on shooting untill the threat is stopped. Reading your comment, I remember the “We don’t shoot to kill, we shoot to stop the threat which we were always told to say when questioned about a deadly shooting while I was working for Brink’s 91970-2007) I forgot about it. Thanks for the reminder.

Sailorcurt

Happy to be of help. I’ve been an NRA firearms instructor for close to 20 years now. For defensive carry, that’s one of the major tenets.

BTW and Off topic; while I was stationed in HSL-34, I did the ’92 Med Cruise on your sister ship, LPH-2. We were the SAR bird in place of the SH-3 which were in the process of being phased out. Of course the H-2’s were also on the way out and the Greencheckers were decommissioned the next year; I believe that was also the Iwo’s last cruise before she hung up her spurs.

Graybeard

What will also be in play with the jury is the fact that the perp was a career criminal and the Harris Co DA has been a Soros wet-dream of catch-and-release.

Folks in Harris county are getting tired of it. The Grand Jury and, should it get so far, the jury could very likely refuse to indict or commit because of being tired of rampant crime.

Sailorcurt

I hope you’re right. I’m not rooting for good guy to go to jail, I just think it’s likely based on the video I saw.

I have zero issues with the first 4 shots. A weak argument could be made for the next 2 to 4 being the perp was down and I believe no longer had his weapon in hand. The last shot into the head and IIRC from watching the full video, fired after he picked up the robber’s gun was not justified.

Any self defense trainer or “real expert” (ie court recognized) will state you shoot to stop the threat, not to kill. It is going to be silly to say the threat was not stopped until the shooter stood over the robber and shot him in the head.

He might “have needed killing” but that determination was not his to make at the scene.

Here are some thoughts from Laughing Wolf:

https://www.laughingwolf.net/2023/01/16/texas-follow-up/

As for Quannell X – he has long been the polish on the turd of extremist action in Harris County. He is out to promote She-Jack Lee’s cartel of control, and nothing more.

The Houston news has been calling this a “vigilante” shooting – which it is not in any light.

I’m waiting to see what the lawyer says in the shooter’s defense, but thinking an adrenaline dump with accompanying tunnel vision played a role in his actions.

jeff LPH 3 63-66

When taking the NYS course on the section involving the use of deadly physical force, the instructor told us that you keep firing the gun until the threat is neutralized meaning that the threat lying on the floor is not moving. NYS didn’t have a course for the armored car industry where we were involved in the transportation of money and other valuables so we had to take their armed guard course (bank guards etc)

Sailorcurt

“Community activists in Houston are calling for a restaurant patron who shot and killed a robbery suspect during a holdup to be arrested, saying he went beyond self-defense despite many calling him a hero.”

Yea, I watched that video. Good guy was definitely a hero right until the perp went down to the ground and “good guy” fired four or five more shots into his back while he was motionless on the ground, then waited a beat or two, then calmly fired a final “coup de grace”.

My guess is he’s going to prison.

KoB

Odd how all of these “activists”, that were NOT on the scene, are clamoring for charges against the shooter, whereas people that WERE at the diner are calling the shooter a Hero. Here’s a novel idea; charge the shooter and have the jury made up of the diner patrons that were there. Win win.

Mr. Stabby had him an epiphany when he saw that a Good Guy with a gun did, in fact, bring a gun to a knife fight.

The SD DA should give blocks of instruction to other DAs on how it is done.

MLK was nice and comfy inside his motel room til one of his entourage suggested they go stand outside for a moment. The controversy continues today.

You knew I’d get lost in all of the linkies that were embedded in that linky. Well played, once again.

Graybeard

Dad had a nice ’03 30-06 in original condition that shot very, very well.

I didn’t get it – but it is still in the family unless it was in that tragic boat accident.

rgr769

With that video being Exhibit A, I suspect the shooter in the taqueria will be indicted. That last shot to the head, after he picked up the criminal’s fake pistol, will be what sinks him. Whether a trial jury convicts him of voluntary manslaughter is what is uncertain.

Tallywhagger

Accidental discharge.

NHSparky

I’m legit surprised the guy in NY wasn’t arrested as well. The guy with the knife was likely ROR within a few hours anyway.
NY is fucked up like that.

Anonymous

And then there’s Tah Covid vaccine… not good for yer heart, FAA knows:
https://stevekirsch.substack.com/p/the-faa-has-very-quietly-tacitly