An attempted carjacking came to an abrupt and final end in Garland, Texas on Sunday. The perp had crashed a car into two other vehicles and attempted to boost a fresh ride when he crossed paths with a family in a white Impala. The suspect, whose identity has still not been released, tried to steal the car from the father with children still inside.
That turned out to be a very big and very final mistake. The perp was not armed, but the father was:
Police say the man tried to steal several vehicles by force yesterday afternoon, before trying this one near Highway 66 and Dairy Road.
A majority of the family members were inside the car when a carjacker tried to steal it. The carjacker was shot and killed by the father during a struggle captured on video.
Surveillance video shows a man attacking and trying to carjack a family of eight in Garland on Sunday afternoon, before the father shoots and kills him.
Police still have not identified the suspect, and they are not releasing the name of the father, at least not yet. Their investigation continues, but they told the local Fox affiliate that they believe it's a self-defense case so far. That would be true even if the man wasn't armed, police note:
Garland police say they are still working to identify the suspect.
Police did not recover any weapons on him, but they say he was absolutely using force to try and steal multiple vehicles and at the moment, that father did not know if that person was armed.
The charging decision ultimately comes from the local district attorney, not the police, although investigators clearly have significant input into that decision. Garland is part of Dallas County, where Democrat John Creuzot currently serves as DA. The Soros-funded Creuzot just lost a primary challenge to former judge Amber Givens, who will run unopposed in the general election. Givens has her own issues and controversies, and might be even further to the left than Creuzot. Dallas County is not likely to be a friendly place for self-defense cases, and won't be for the next four years.
Will either Creuzot or Givens pursue charges against this father? Even with their hard-Left approaches, the chances of prosecution are low. First off, the chances of twelve jurors convicting this father after watching this video would likely be somewhere between slim and none, and slim is being optimistic, even in Dallas County. Or Harris or Travis Counties, for that matter.
More importantly, the Texas laws for lethal self-defense make it clear that the father's actions are well within the justifiable use of lethal force. Texas penal code 9.3.2 allows for lethal force "to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery." There is another qualifier on this, which is:
(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment[.]
The video establishes all of the above. The vehicle was occupied by the father as well as his children and two grown women, and the perp forcefully removed him from the driver's side. The perp then attempted several times to enter the vehicle by force, which – had he succeeded – would have resulted in both robbery and kidnapping. In Texas, that's enough to establish a legitimate use for lethal force. That won't be true in every state, and perhaps not even most states. In Texas, though, any attempt to prosecute the unnamed father will fail, regardless of what the DA says, or who the DA is.
There's another point to be made in this incident. Police had already been called after the perp crashed his other vehicle, but had not yet arrived at this scene before the perp made repeated efforts to steal another car. Had the father not been armed and willing to defend himself and his family, the perp would have taken the children hostage while escaping to endanger others and the whole community. The police certainly tried to get there in time to prevent more mayhem, but the police can't be everywhere all at once. Had this father not defended himself and his family effectively, more innocent people could have been harmed or killed.
Thus endeth the lesson. Again.
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