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CNN: Sheriff: Father kills man sexually abusing his daughter


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http://edition.cnn.com/2012/06/11/justice/texas-abuser-killed/index.html

(CNN) -- A Texas father caught a man sexually assaulting his 4-year-old daughter and punched him in the head repeatedly' date=' killing him, authorities said.

The father was casually acquainted with the alleged abuser, said Lavaca County Sheriff Micah Harmon.

Neither has been publicly identified.

The girl was left inside the family's house during the social gathering, while other members of her family were tending to horses, the sheriff said.

The alleged abuser was known for his horse-grooming abilities, Harmon said.

The father returned to the house, caught the man in the act, and stopped him by striking him in the head several times, Harmon said.

The man was pronounced dead on the scene, while the daughter was taken to a local hospital in Victoria, Texas, for examinations before being released.[/quote']

I don't know if what this father did was "legal" or not, but I'd have to ask to be excused from his jury, because there is NO way I could convict him.

(He hasn't been charged. Evidence will be presented to grand jury.)

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read about it yesterday. probably would have done the same thing. 4 years old....****ing sick

Yup.

I have a 5-year old daughter. If I was in that situation, the beating/stomping probably wouldn't stop until someone shot ME.

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http://edition.cnn.com/2012/06/11/justice/texas-abuser-killed/index.html

I don't know if what this father did was "legal" or not, but I'd have to ask to be excused from his jury, because there is NO way I could convict him.

(He hasn't been charged. Evidence will be presented to grand jury.)

Man, thats a tough one. Sounds like mental health admittance for 6 months or something to me with probation for a long time?

I'd probably do the exact same thing, but killing is killing. Right?? I dont know.

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Man, thats a tough one. Sounds like mental health admittance for 6 months or something to me with probation for a long time?

I'd probably do the exact same thing, but killing is killing. Right?? I dont know.

See, that's where I am on this. I don't think any of us will look at this and say, "Oh, he was completely out of line." But was it legal? And if it goes to a jury, that will be the choice they have to make.

The only thing that concerns me a little as far as this guy's defense is that the girl is "ok, except for the obvious mental trauma." Though -- obviously -- I'm thankful the girl wasn't injured, I wonder if it will hurt any potential defense.

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See, that's where I am on this. I don't think any of us will look at this and say, "Oh, he was completely out of line." But was it legal? And if it goes to a jury, that will be the choice they have to make.

The only thing that concerns me a little as far as this guy's defense is that the girl is "ok, except for the obvious mental trauma." Though -- obviously -- I'm thankful the girl wasn't injured, I wonder if it will hurt any potential defense.

This is guaranteed to be on an upcoming SVU episode.... although, they have kind of done it already.... but they can do it again.

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It might be different if there was premediation, or the guy had beaten up other people.

But when someone who richly deserves a beating spontaneously gets that beating and accidentally dies from it, well, hard to get too worked up about that. :whoknows:

As an aside, I hope the little girl is ok, and I also hope that the righteous father wasn't mistaken in what was happening (I have no facts, I'm just noting that the other guy is dead so its hard to ask him....)

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I'm with HH, I'd punch to kill if it was my little girl, consequences be damned. Also no way I'd convict the guy. Isn't Texas more lenient about punishing this sort of thing?

That's the impression I have.

I hope the grand jury refuses to indict him all together.

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Man, thats a tough one. Sounds like mental health admittance for 6 months or something to me with probation for a long time?

I'd probably do the exact same thing, but killing is killing. Right?? I dont know.

Wrong, it was during the act of a felony and could have caused fatal injuries to the victim, thus is perfectly legal. Let alone this happened in Texas so I say no charges brought.

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Um...its not even illegal. Self defense? He didn't TRY to kill the guy. He saw his daughter being rapped, and defended her (Its texas, Im allowed to use deadly force to protect my house, I'm SURE I'm allowed to use force to protect my daughter).

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Wrong, it was during the act of a felony and could have caused fatal injuries to the victim, thus is perfectly legal. Let alone this happened in Texas so I say no charges brought.

Honestly, I get WHY you said that, but you are the one who is wrong.

I'm not saying he should be charged with anything, or that if he were charged he would be found guilty, but you are wrong that there is not a case against him for some sort of unlawful killing.

I think he gets some mental health, which he probably wants, and probation.

Its really disturbing how very little most people understand about due process.

---------- Post added June-13th-2012 at 05:36 PM ----------

Um...its not even illegal. Self defense? He didn't TRY to kill the guy. He saw his daughter being rapped, and defended her (Its texas, Im allowed to use deadly force to protect my house, I'm SURE I'm allowed to use force to protect my daughter).

Again, wrong see above. Self-defense is an affirmative defense. And its not self defense. Its "defense of others," and the burden to prove certain things may be on him. And you don't have to "try to kill a guy" to commit murder. You have to act with malice.

Again, due process for all. That's the constitution.

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http://edition.cnn.com/2012/06/11/justice/texas-abuser-killed/index.html

I don't know if what this father did was "legal" or not, but I'd have to ask to be excused from his jury, because there is NO way I could convict him.

(He hasn't been charged. Evidence will be presented to grand jury.)

I would have to be excused from that jury as well, and I believe that the grand jury will come back with justifiable homicide...there's just no other logic. The father could've avoided confrontation, but his actions prove his love and dedication to his child's health and wellbeing, both now and in the future. Hopefully, the angels will take the memory away, and she'll never ask questions he'd have a hard time answering.

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Again, due process for all. That's the constitution.

While bankrupting the father,maybe they can even get a perjury charge if they do something foolish while being due processed.

the price we pay for civilization

Here,we let the grand jury decide.....seems to work most of the time

especially if they needed killing

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Honestly, I get WHY you said that, but you are the one who is wrong.

I'm not saying he should be charged with anything, or that if he were charged he would be found guilty, but you are wrong that there is not a case against him for some sort of unlawful killing.

I think he gets some mental health, which he probably wants, and probation.

Its really disturbing how very little most people understand about due process.

---------- Post added June-13th-2012 at 05:36 PM ----------

Again, wrong see above. Self-defense is an affirmative defense. And its not self defense. Its "defense of others," and the burden to prove certain things may be on him. And you don't have to "try to kill a guy" to commit murder. You have to act with malice.

Again, due process for all. That's the constitution.

Well - your just wrong....

Texas Self defense laws.

http://www.self-defender.net/law3.htm

Deadly Force in Defense of Person

"A person is justified in using deadly force against another if he would be justified in using force under Section 9.31 of the statute when and to the degree he reasonable believes that deadly force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly force, if a reasonable person in the same situation would have not retreated. The use of deadly force is also justified to prevent the other's imminent commission of aggravated kidnapping, murder, rape or robbery."

Defense of Another Person

"A person is justified in using deadly force against an attacker to protect another person if he would be justified to use it to protect himself against an unlawful attack and he reasonably believes his intervention is immediately necessary to protect the other person from serious injury or death.

IN ADDITION....

Once its raised a defense, in Texas, by my lawyer, then the burden becomes on the prosecution to prove it wasn't self defense. So unlike other states, I don't have to prove it was self defense, I just need to raise it as my defense and then see if it can be proven it wasn't.

http://www.thecollincountylawyer.com/practice-areas/assault-domestic-violence/self-defense-in-family-assault-cases/

Self defense is an affirmative defense which means it needs to be raised by the accused (and not merely dis-proven by the prosecution as part of their case-in-chief). Once the defense is properly raised in trial by the defendant, then the judge can instruct the jury that unless the prosecution dis-proves defendant’s self-defense theory beyond all reasonable doubt — the defendant is entitled to acquittal.

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