this post was submitted on 21 Jun 2024
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[–] mozz@mbin.grits.dev 5 points 6 months ago (1 children)

I could be wrong, but my assumption is that he's in quite a lot of trouble and going to be in an extended limbo of custody and probation for quite a while going forward because of his other charges, whichever way the more minor issue of violating the protective order comes out (i.e. his lawyers are just mounting a vigorous defense as they're supposed to do, and they found one of them that they can fight effectively through this weird little argument.)

[–] ArcaneSlime@lemmy.dbzer0.com 7 points 6 months ago (2 children)

But like, shooting at multiple people in the past is a felony unless it was judged to be self defense, right? I'm assuming it wasn't self defense from the way it mentions him firing the gun at people. And if he's under indictment for a felony charge or has been convicted of a felony he isn't allowed to have firearms regardless of any other DV situation. What happened with the "firing at people" thing, did he get off?

[–] Boddhisatva@lemmy.world 10 points 6 months ago

It's Texas. He was probably shooting at a liberal. It's de facto legal there. The Governor just pardoned a convicted murderer. This Uber driver had posted on line and in text messages that he wanted to kill racial justice protesters, then drove to a protest. He then found an armed protester (again, it's Texas so of course there was one there), and got in an argument with him. Eventually, he got tired of waiting for the protester to point a gun at him so he could claim self defense and just shot the protester to death anyway. He was convicted and sentenced to jail. Abbott however, decided that that was unfair. He said, and this is a quote, “Texas has one of the strongest ‘Stand Your Ground' laws of self-defense that cannot be nullified by a jury or a progressive District Attorney.”

So you see, in Texas, shooting at people, even killing them, isn't apparently against the law if the people you are shooting at are liberals.

[–] mozz@mbin.grits.dev 2 points 6 months ago (1 children)

Firing "at" people could be attempted murder or all the way down to negligent discharge or something, depends on the details of the circumstance (what "at" means) and any plea deals and how vigorous the DA wants to be about it. And this could have all happened before everything wound it way through the courts and he was found guilty of attempted murder even if it was the felony route. It's hard to say just from that much how fucked he really is (well, until the next time he does something like this which sounds fairly likely to happen as his life continues on its present course).

The fact that they're going after him for having the firearm under the protection order instead of for being a felon makes it likely to me that he wasn't a felon at the time he was doing all these shooting-ats.

[–] ArcaneSlime@lemmy.dbzer0.com 1 points 6 months ago (1 children)

It certainly does seem that way, but frankly I think it's a major oversight to not indict or convict him of a felony charge, it leaves him still able to purchase and he has clearly demonstrated he is a danger to himself and/or others. Again, that's completely ignoring the DV too which is just further proof, but the court decided not I guess, still though they could have had him on some other charges it seems and IMO it was a failure of them not to.

[–] mozz@mbin.grits.dev 1 points 6 months ago (1 children)

it's a major oversight to not indict or convict him of a felony charge

I don't disagree with you in any respect. For reasons that aren't really clear to me, courts commit major oversights of charging people every single day. Except drugs! For some reason they really like fucking people because of drugs. Punching your girlfriend and firing a weapon near some people who shouldn't get hit with bullets strikes me as exactly one of those things that someone might some way-too-large minority of the time look at and go "you know what it's hard to say what happened and it might be tough to prosecute, fuck it, 8 months probation, let's go have a beer it is Friday."

[–] ArcaneSlime@lemmy.dbzer0.com 1 points 6 months ago

Well drugs is a revenue generating scheme for them that also lets them overcharge POC with felonies to prevent them from getting guns, that's by design of course. Drugs should be legal (at least not a felony to posses and treatment rather than prison and idt the treatment should even be compulsory) and violent criminals need to be charged accordingly. It would honestly help a lot more than many other things people want to do like feature bans, who cares what features the violent guy can have on his gun, he shouldn't have any gun if he's proven himself a danger.