Disable-Adblock.png

We have detected that your browser is using AdBlock

Police Community is a not for profit organisation and advertising revenue is key to our continued viability.

Please disable your AdBlocker on our site in order to continue using it.
This message will disappear once AdBlock has been disabled.

Thank you for your support - we appreciate it !

If you feel you are getting this message in error please email support@policecommunity.co.uk

Sign in to follow this  
Lego

Who should be charged in this scenario?

Recommended Posts

There's a small debate on another forum that I am a member of on who should be charged in this scenario,

Homicide investigators are gathering evidence after a father shoots and kills a teenage boy he found in his daughter's bedroom.
A spokesperson for the Harris County Sheriff's office said Deputy constables from pct 4 responded to a 911 call around 2:20 a.m. about a shooting in the Bridgestone Lake Subdivision in Northwest Harris County.
Police tell FOX 26 reporter John Donnelly that the father was notified that there was someone in his daughter's bedroom by one of his other children.
The father then went into the girl's bedroom and discovered the 17 year old male in bed with his 16 year old daughter. The daughter denied knowing who the boy was.
A confrontation between the father and boy started. The boy apparently wasn't listening to the father's commands and reached for something. It ended with 17 year old being shot and killed at the scene.
The 16 year old girl later admitted to investigators that she did know the boy and had let him into the home.
The father was taken by ambulance from the home for treatment of an unrelated medical situation.
So far no arrests have been made.

Who should be charged/What should the charges be

I'd be interested in knowing what your own thoughts are. If possible, please keep in mind that this is a situation that happened in the US. so shooting a home intruder may hold up...

Edited by Lego

Share this post


Link to post
Share on other sites

I think it would depend what he reached for, if that could be found out in any way? for example if he was reaching for a weapon it would be more reasonable (for want of a better word) the father shot him but if he reached for his coat to leave and the father with anger shot him it makes it worse.. in my opinion.

The daughter certainly didnt help as she could have made the dad think she was being raped. At the same time I dont think its enough to say she is guilty of manslaughter

Edited by asdf

Share this post


Link to post
Share on other sites

In my opinion I would charge the father for murder, there are other ways to go about it than to grab a gun and shoot. I'm not a lawyer and I'm not familiar with the law but I would also charge the girl (not sure what the charge is) but she could of prevented it if she hadn't denied knowledge of who it was.

Share this post


Link to post
Share on other sites

In my opinion I would charge the father for murder, there are other ways to go about it than to grab a gun and shoot. I'm not a lawyer and I'm not familiar with the law but I would also charge the girl (not sure what the charge is) but she could of prevented it if she hadn't denied knowledge of who it was.

If her father's actions were disproportionate (i.e. the young male was not reaching for/pointing a lethal weapon), the girl could use the defence that she did not expect her father to react in such a way.

Of course, the article doesn't mention what the young male was reaching for, which is the most important element. Whether the father's actions were culpable or justifiable would depend on this.

Share this post


Link to post
Share on other sites

Dad should obviously be charged and personally I think the offence would be Manslaughter as he lost control and shot the male, again would have to prove his intent. If he intended to kill the boy then it would be Murder, but if he didn't intend to kill or cause GBH to the boy then it would be Manslaughter.

As for the female, she told a lie to her Dad, witch unfortunately isn't an offence, he then decided to shoot the boy. No charges for her..

Share this post


Link to post
Share on other sites

well in some states of the US you can kill a intruder i have heard

also the daughter said she did not know the boy there for the father rendered him as a intruder.

the case doesn't state if the boy reached for weapon but it state he wasn't listening to the commands from the father, if he was he would've probably been alive.

i say no charges

Share this post


Link to post
Share on other sites

No-one yet given that its America. Not purely based on that information.

Though even if it was the UK it would still be No-one yet.

Edited by Burnie

Share this post


Link to post
Share on other sites

FOX 26 is in Houston, Texas, no one is going to get charged because:

In Texas it is presumed that deadly force was reasonably necessary if it is used against an individual who was unlawfully or forcibly entering or entered into an occupied home, business, or vehicle or is attempting to forcibly remove another against his or her will from an occupied home, business, or vehicle. Deadly force is also presumed to be justified to prevent the commission or attempted commission of murder, aggravated kidnapping, sexual assault, aggravated sexual assault, robbery and aggravated robbery. (Texas Gun Law)

Since the daughter has denied knowing the boy and he has not responded to verbal stimuli, then the father could assume she was being sexually assaulted, and I believe this would be enough to defend him. I am no specialist though and this is my personal opinion, I might be wrong.

Share this post


Link to post
Share on other sites

Dad should obviously be charged and personally I think the offence would be Manslaughter as he lost control and shot the male, again would have to prove his intent. If he intended to kill the boy then it would be Murder, but if he didn't intend to kill or cause GBH to the boy then it would be Manslaughter.

As for the female, she told a lie to her Dad, witch unfortunately isn't an offence, he then decided to shoot the boy. No charges for her..

The father doesn't have the defence of loss of control as sexual infidelity isn't a qualifying trigger. There is also no way that he claim not to have intended to cause GBH by shooting him, unless he wants to claim that he only intended to frighten him by shooting near him.

EDIT: Just seen the bit about her claiming not to know him, in which case he could probably claim he feared serious violence against his daughter.

Edited by SW_matt

Share this post


Link to post
Share on other sites

Also is it not that you could kill an intruder if they enter second floor of the possession? It kind of reminds me of that one incident when one farmer (was it in Somerset?) killed one of the two boys who were stealing from his barn. I know the story went something about him warning the boys on multiple occassions but to no avail and when they arrived another night to start stealing he grabbed his rifle and began shooting to them from his window, which ended up with one being shot critically, he died in place, and since it wasn't in any sort of self defence the farmer got charged with murder.

I am not entirely certain if we should be discussing these sort of topics, might be inappropriate. Mods?

Share this post


Link to post
Share on other sites

Not quite.

He disturbed the burglars and AS THEY WERE RUNNING AWAY and already off his property he shot at them and hit one in the back, killing him.

That's why they ruled against him.

Share this post


Link to post
Share on other sites
Sign in to follow this