Would you consider this premeditated murder?

Lounge?

 

No. If you dont want to get shot in an area where it's legal to shoot someone who is stealing a car....

Don't steal the ****ing car!atsch

Sounds like natural selection to me.

 

Although the Jabroni who was stealing the car probably had it coming... Yeah, its still premeditated murder. The guy set a trap with the goal of killing someone... Its pretty simple and in a court of law a jury would put the guy away.

 

Yea. In some states unless you have a no tresspassing sign that's visible on your property you'd be in trouble and most likely do some time for shooting a burglar or tresspasser if your life wasn't threatened.

 

Yes. Easy murder verdict.

 

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Absolutely, despite what anyone here may think is right or wrong. The reality of the situation is this:


#1 - It is generally unacceptable to protect property with the use of violence if you are not in any personal danger. The key here is that he was waiting in safety for someone to attempt theft.

#2 - Even if he had just set a deadly trap and didn't fire the gun himself; Same results. You can't set any hidden trap that will maim or kill someone in defense of your property. Period.


Now, I know everyone here is going to argue that the scum deserves it, blah blah blah... And I'm not trying to start an argument on what is morally justifiable. I'm just telling you the law.

 

No. Murder requires unlawful killing. As you said it's legal in Texas, i.e. the killing isn't unlawful.

 

The person setting the trap probably wouldn't get convicted if he could come up with a half reasonable story about why he was there at 1 AM. If it could be shown to be nothing but a trap, then he probably would be convicted.

 

This is unlawful.

You can kill someone who tries to carjack you, because so many of them end in death to the victim. This scenario is no carjacking. It is a trap, with the intent on bating someone to do wrong, and then waiting to kill them for it.

The shooting is planned and premeditated, not in the heat of being robbed.

It doesn't fly. Sorry.

 

Clearly murder.

He purposely went there to kill.

It wasn't like he did it from the spur of the moment.

He drove to the shitty area, set it up for the best scenario for someone to steal his car, then when someone attempted to, he killed them.



The guy clearly had no reason other then wanting to kill to be there.

Murder. Clear as day.

 

Castle Law.



The question is whether it is unlawful or not. Everything else you said is irrelevant.


I'm not familiar with Texas but after doing some research it turned out that there has to be forcible entry. The OP said the window was down - no forcible entry. In this case even if the act (stealing car) was unlawful, there's no forcible entry. In this case everything else you said becomes relevant and I think it will be proven to be murder.

 

If it's legal to use deadly force in defense of personal property, then legally it would not be 1st degree murder. the problem is i don't think it's legal anywhere in the us to use deadly force to defend personal property.

all depends upon how murder is defined. i'm pretty sure murder is generally defined as an illegal killing. thus, if the killing is legal it ain't murder. if there's no murder, than there can be no premeditated murder

 

First degree murder, no question.

Even in states that are more liberal in this regard, you can only use deadly force in defense where that's the minimum force the person reasonably thinks is required to stop commission of the other crime.