Dallas Man Claims Self Defense in Fatal Shooting
The case of a fatal shooting of an individual by a tow truck driver raises the issue of legal justification of deadly force when a citizen is trying to recover stone property. Under Texas self defense law a person my be justified in using deadly force to prevent theft or recover stolen property at night. Texas law goes further than most states under it’s self defense laws.
Under section 9.42 of the Texas Penal code a person may use deadly force if they have a reasonable belief that deadly force is immediately necessary to prevent theft during the night time or the reasonably believe that any use of force other than deadly force would expose themselves or others to substantial risk of death or serious bodily injury.
In the case of the tow truck driver Lance Lemons was shot after he got into a tow truck and began backing the truck away. There was some type of verbal exchange then the tow truck driver fired into the vehicle. The police have not filed charges and continue to cooperate. As some point a Dallas grand Jury will determine whether to indict this case or issue a no bill based on self defense.
This will turn on what was said between the two just prior to the shooting. It is still not clear as to why the victim was in the tow truck at 3:00am and why he chose to drive the truck. It will also be important for law enforcement to determine if the victim was under the influence of drugs or alcohol.
Texas self defense law is very broad and can cover many fact situations. An experienced Texas self defense lawyer can build a self defense case if given enough facts. It is important for an experienced Texas self defense lawyer to begin working on a case as soon as possible.