Texas > 49 other states

http://gawker.com/texas-says-its-ok-to-shoot-an-escort-if-she-wont-have-511636423

<b>[Texas Says It's OK to Shoot an Escort If She Won't Have Sex With You](http://gawker.com/texas-says-its-ok-to-shoot-an-escort-if-she-wont-have-511636423)</b>

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A jury in Bexar County, Texas just acquitted Ezekiel Gilbert of charges that he murdered a 23-year-old Craigslist escort—agreeing that because he was attempting to retrieve the $150 he’d paid to Lenora Ivie Frago, who wouldn’t have sex with him, his actions were justified.
Gilbert had admitted to shooting Frago in the neck on Christmas Eve 2009, when she accepted $150 from Gilbert and left his home without having sex with him. Frago, who was paralyzed by the shooting, died several months later.
Gilbert’s defense argued that the shooting wasn’t meant to kill, and that Gilbert’s actions were justified, because he believed that sex was included as part of the fee. Texas law allows people “to use deadly force to recover property during a nighttime theft.”
The 30-year-old hugged his defense attorneys after the “not guilty” verdict was read by the judge. If convicted, he could have faced life in prison. He thanked God, his lawyers, and the jury for being able to “see what wasn’t the truth.”

I wonder what the full details of this story are…

I’m curious if there was some sort of fight or struggle to get the money back

Kind of a misleading title on the article. Hard to tell exactly how it played out, but in essence she stole from him and he was shooting a thief, not someone that wouldn’t have sex with him…

yea, but the title is way more awesome than saying something that everyone already knows, that you can shoot a thief in texas

I didn’t realize you can shoot a person for stealing in Texas. That’s sort of scary. Can’t do that in NC.

How is it scary?

I don’t agree or disagree with being able to shoot someone stealing I just don’t find it scary.

I just want to play Grand Theft Auto now.

To me it just shows how wacked out texas is. I’m only laughing because I cant grasp the thought process, and trying to just makes me cross eyed.

If you rip a drug dealer off at night and get shot, would that be considered a nighttime theft?

Like I said the entire story makes it a lot more plausible why the jury let him walk on the murder charge.

He was shooting at the tires of her car…but obviously the article with the spin won’t mention that.

“The wheel is here, the bullet is right in front of it, which is where all the curves of the metal and so it hit that and went into two pieces and the other one literally the size of your fingernail, went into the back seat.”

It seems they should have went for manslaughter instead of murder…

Barrera says evidence showed Frago shot an AK-47 at the tires of the vehicle.

Are you sure this isn’t GTA5 story lines?

Well, I think it makes people a little bit trigger happy.

Lethal force is not something to be taken lightly. It’s a serious action that ends in death. What is scary to me, is how little some people value life. This guy shot a fucking prostitute. He should be in jail. It’s scary that he values life so little that he had no problem shooting her over a couple hundred bucks. That same guy is probably carrying a concealed weapon everywhere he goes.

Given the choice: Lose $200 vs. Killing someone, I will choose the lose $200 option every time.

Breaking and entering, where a potentially violent thief enters my bedroom where my family is located, that’s another story. I don’t look forward to that day, but I’ll defend myself, and support others defending themselves as well.

I’d be really surprised if you can’t in NC because you can in NY.

firing a gun is lethal force. you can’t just go shooting random things. It’s still AT LEAST assault with a deadly weapon.

Right but that isn’t what the DA tried charging him with :lol:

This is why the original article is very misleading

It’s worded in a strange way. The law states that you cannot defend property with lethal force. If someone walks up your driveway and steals your car, you cannot run out of your house and shoot them.

The Law HOWEVER, does state that if someone unlawfully enters your home/dwelling, that you can assume there is imminent danger to your life. In which case, use of deadly force is allowed.

The debate about castle doctrine etc doesn’t apply if you invite someone onto your property.

I assume you’re talking about NC because the NY law is VERY clear. There is no need for imminent fear for your life at all. Simple burglary of a residence you have rights to be in allows for deadly force to stop that burglary.

If you’re going to shoot someone stealing your car in your driveway you better move your car in the garage and drag in the body before the cops show up. :wink:

EDIT: And fuck this “value of life” shit. I put no value on the lives of thieving assholes. If I pay you $150 for a TV you’re going to deliver to my house, or a blowjob, and you take the $150 and run without providing the agreed upon product or service you’re still a thief. These criminals have records a mile long because the system says the same thing… “Oh, it’s only a couple hundred dollars in property, give him another chance”.

oh yeah, I’m talking about NC. In the end, the laws state the same thing. Someone enters the front door, you can kill them. The law in NC just doesn’t mention theft of property at all. It just says if they enter your house without you letting them in, you can shoot them.

The entire deadly force self-defense law(s) in NC is based on imminent fear of your life. That goes for inside your home AND outside your home. The rule is that you can use deadly force if your life is in imminent danger. The statement about entering the home basically just intends to clarify that entering the home unlawfully = imminent danger.

All those years ago when I was researching exactly what rights I had when it came to guns in a personal protection sense I was actually really surprised to see NY allows for deadly force to stop a burglary. I had always assumed the “immediate and reasonable fear for your life or the life another” test would always be part of it because NY is such a pussy criminal rights state.

yeah it’s a little surprising as well, but in the end, the law accomplishes the same end goal. Shoot if they enter your home.