Father finds man abusing 4-year-old daughter, does what any of us would do

http://www.cnn.com/2012/06/11/justice/texas-abuser-killed/index.html?hpt=hp_t2

The fact that this has to go one step further in the legal process is absurd. This father should get a parade thrown in his honor.

 

Well ... he did fail to some extent in his protective duty in even allowing the assailant around his daughter at all, but unless he knew the guy was actually prone to sexual assaults it is not really his FAULT.

As far as the incident itself is concerned, the second a sexual assault on a child begins, game over. You have forfeited your right to breathe our oxygen, and the father is to be commended for slaughtering him on the spot.

 

You would think the DA would know that there's no way this guy will get convicted by a jury and decide not to charge him.

 

I hope that's the case.

 

Yeah, if he said that's what happened, it must be true. No reason to verify his claims.

I'm sure it is true, but you still have to do the requisite due diligence.

 

Am I wrong, or is stopping a sexual assault something that you can legally use deadly force to do?

 

I would guess the prosecution could get some medical authority to testify that a sexual assault on a 4-year-old in and of itself has the potential to be a fatal attack and thus the father was fully in his rights to take steps to stop it BAMN.

 

Certainly I think the victim of a sexual assault would have immunity from prosecution for using deadly force to stop the attack. And as the victim here was a minor, and the guy's daughter to boot, that immunity would extend to him.

I mean, if you can use deadly force against someone who's trying to steal your TV, sexual assault is pretty much a no-brainer.

One of the things I would imagine any investigation would focus on, however, is whether the fatal blow was struck in stopping the attack or in retaliation afterward. If it's the latter, though it doesn't sound like it is, he's on much shakier ground.

 

Without direct witness reports of what actually took place, no way to really tell.

If Pervo is in the process of sexually assaulting the kid, Dad bursts in and tomahawks Pervo in the head with a ball bat, killing him in one shot, Dad is clean.

If Dad blasts Pervo once or twice, knocks him cold, pulls the kid off, gets her out of the room to safety and then comes back to finish Pervo off, maybe not.

If Dad blasts Pervo once or twice, knocks him SEMI-cold, gets the kid out of the room, then Pervo stands up and starts heading toward the door, IMO Dad can use Pervo's head for batting practice. Whatever it takes to put a conclusive end to the threat.

 

I don't even have any kids, but the father was well within his rights and should be used as an example of what will happen if you get caught messing with a child. Don't pass go. Don't collect $200. You go straight to the head of the line for a trip on the hell express.

 

Or if Dad just hits Pervo a bunch of times, knocks Pervo unconscious, and Pervo dies of the injuries, Dad ought to be in the clear. Even if he smashed Pervo's skull into hamburger by punching him 50 times straight, he could always claim mental duress or whatever the Texas term for it is and have a case.
I think the only thing that would put the Dad in trouble is if, like Starman said, there was a pause in the beating. I'm no lawyer, but I think in most places any time you have a "cooling off" period -- even if it's only a few minutes -- you can no longer claim it was in the heat of the moment.

All that said, Deskslave is right. You still have to dot the Is and cross the Ts and make sure there were no other issues between these guys and the story is on the up and up. It might not lead to an indictment, but the cops still have to look into their relationship and check the girl for signs of an assault. If the story is true, it ought to be a quick investigation.

 

This one I actually do know.

You can't use deadly force to protect property.

The reason that someone may get immunity for killing someone who is stealing your TV, in your home, is because when you defend your home, it is actually considered a defense of you and your family. If they were already out the door and down the street with the TV, then you can't start emptying your chamber on him.