9-year-old girl struck by bullet in truck dies, suspect says he was chasing robber

[ZiprHead]

9-year-old girl struck by bullet in truck dies, suspect says he was chasing robber

A 9-year-old girl died after a man who was held up at a Houston ATM fired at her family's pickup truck while attempting to shoot the robbery suspect, police said.

abcnews.go.com

A 9-year-old girl died after a man who was held up at a Houston ATM fired at her family's pickup truck while attempting to shoot the robbery suspect, police said.

The suspect in the shooting, identified by police as Tony Earls, 41, was making a transaction at a drive-thru ATM at 2900 Woodridge Dr. in southeastern Houston with his wife Monday shortly before 10 p.m. when he was robbed at gunpoint, according to police.

"Earls first shot at the robbery suspect, who was fleeing on foot, and then at a pickup truck he thought the robbery suspect had gotten into," police said.

Earls was arrested and charged with aggravated assault-serious bodily injury, police said Tuesday. The complaint alleged that he "recklessly" caused serious bodily injury "by shooting at an occupied motor vehicle with a deadly weapon."

Earls' bond has been set at $30,000. Attorney information was not immediately available.

 

[Elixir]

Earls was arrested?
In Texas?
After being robbed?
WTF, was he black or something?

 

[ZiprHead]

Earls was arrested?
In Texas?
After being robbed?
WTF, was he black or something?

Yes, he is.

 

[Elixir]

Earls was arrested?
In Texas?
After being robbed?
WTF, was he black or something?

Yes, he is.

Just a lucky guess...

 

[Hermit]

Earls was arrested?
In Texas?
After being robbed?
WTF, was he black or something?

That's the first thing I thought, so I googled for photos of him. This is the first one I found:

What's the bet some "stand your ground" type law would have been applied if he looked Caucasian?

Nothing racist about this, but. Of course not. The arrest rate of Asians is even lower than that of non-Hispanic Whites, so we can't possibly invoke racism. Let's call it something else. Can you help out, @Loren Pechtel ?

 

[laughing dog]

9-year-old girl struck by bullet in truck dies, suspect says he was chasing robber

A 9-year-old girl died after a man who was held up at a Houston ATM fired at her family's pickup truck while attempting to shoot the robbery suspect, police said.

abcnews.go.com

A 9-year-old girl died after a man who was held up at a Houston ATM fired at her family's pickup truck while attempting to shoot the robbery suspect, police said.

The suspect in the shooting, identified by police as Tony Earls, 41, was making a transaction at a drive-thru ATM at 2900 Woodridge Dr. in southeastern Houston with his wife Monday shortly before 10 p.m. when he was robbed at gunpoint, according to police.

"Earls first shot at the robbery suspect, who was fleeing on foot, and then at a pickup truck he thought the robbery suspect had gotten into," police said.

Earls was arrested and charged with aggravated assault-serious bodily injury, police said Tuesday. The complaint alleged that he "recklessly" caused serious bodily injury "by shooting at an occupied motor vehicle with a deadly weapon."

Earls' bond has been set at $30,000. Attorney information was not immediately available.

At least Mr. Earls is being held responsible for the damage of his bullet. As everyone ought to be when they miss a legal and justifiable target.

 

[Toni]

I started to write something along the lines of: aside from the tragic death of that poor child but nope, there is NO aside. That child is the entire point: We CANNOT GO AROUND SHOOTING GUNS AT PEOPLE WE THINK ARE THE BAD GUYS EVEN IF WE ARE REALLY SURE THEY ARE THE BAD GUYS AND WE ARE REALLY SURE WE ARE EXCELLENT SHOTS. Robbery, even armed robbery is not a capital offense. Even if it were a capital offense, there must be an arrest, competent legal representation, a trial, and a sentence handed down. In capital offenses, there is a lengthy appeals process, etc. It usually takes at least 10 years and even then, we often get it wrong and convict and execute the wrong person for the crime committed.

WTF is wrong with us as a nation? Why do we think we are all entitled to play cops and robbers on public streets or even in our own homes?????? The thing that you do if you are robbed at an ATM is to call the police. I do understand why a lot of black people might not feel comfortable doing that--and that's the other half of WTF is wrong with us as a nation where any portion of our population cannot reasonably look at the police as officers who are sworn to serve and protect us all, not just white people??????

WTF

 

[Elixir]

9-year-old girl struck by bullet in truck dies, suspect says he was chasing robber

A 9-year-old girl died after a man who was held up at a Houston ATM fired at her family's pickup truck while attempting to shoot the robbery suspect, police said.

abcnews.go.com

A 9-year-old girl died after a man who was held up at a Houston ATM fired at her family's pickup truck while attempting to shoot the robbery suspect, police said.

The suspect in the shooting, identified by police as Tony Earls, 41, was making a transaction at a drive-thru ATM at 2900 Woodridge Dr. in southeastern Houston with his wife Monday shortly before 10 p.m. when he was robbed at gunpoint, according to police.

"Earls first shot at the robbery suspect, who was fleeing on foot, and then at a pickup truck he thought the robbery suspect had gotten into," police said.

Earls was arrested and charged with aggravated assault-serious bodily injury, police said Tuesday. The complaint alleged that he "recklessly" caused serious bodily injury "by shooting at an occupied motor vehicle with a deadly weapon."

Earls' bond has been set at $30,000. Attorney information was not immediately available.

At least Mr. Earls is being held responsible for the damage of his bullet. As everyone ought to be when they miss a legal and justifiable target.

Is a fleeing mugger a "legal and justifiable target" in Texas?
(Prolly not if he's white, but not on account of being white, of course.)

 

[Gun Nut]

9-year-old girl struck by bullet in truck dies, suspect says he was chasing robber

A 9-year-old girl died after a man who was held up at a Houston ATM fired at her family's pickup truck while attempting to shoot the robbery suspect, police said.

abcnews.go.com

A 9-year-old girl died after a man who was held up at a Houston ATM fired at her family's pickup truck while attempting to shoot the robbery suspect, police said.

The suspect in the shooting, identified by police as Tony Earls, 41, was making a transaction at a drive-thru ATM at 2900 Woodridge Dr. in southeastern Houston with his wife Monday shortly before 10 p.m. when he was robbed at gunpoint, according to police.

"Earls first shot at the robbery suspect, who was fleeing on foot, and then at a pickup truck he thought the robbery suspect had gotten into," police said.

Earls was arrested and charged with aggravated assault-serious bodily injury, police said Tuesday. The complaint alleged that he "recklessly" caused serious bodily injury "by shooting at an occupied motor vehicle with a deadly weapon."

Earls' bond has been set at $30,000. Attorney information was not immediately available.

At least Mr. Earls is being held responsible for the damage of his bullet. As everyone ought to be when they miss a legal and justifiable target.

Is a fleeing mugger a "legal and justifiable target" in Texas?
(Prolly not if he's white, but not on account of being white, of course.)

No. Not at all. But even if it was a justifiable shooting, this person would still be guilty of the crime of shooting the wrong person.
I don't see how he was treated any differently based on race. Anyone would have been arrested for shooting someone that was not endangering a life.. even if he shot 100 bullets, killing 99 bloodthirsty zombies that already killed 1000 babies.. if that 100'th bullet grazed a random person, then they would be guilty of assaulting that 1 person.
Just because a person just got robbed does not mean they stop being responsible for every bullet.

 

[Gun Nut]

WTF is wrong with us as a nation? Why do we think we are all entitled to play cops and robbers on public streets or even in our own homes??????

Apparently, with the $74M settlement from Remington to the families of Sandy Point tells us, the way guns are advertised for sale by the manufactures plays a big part in that.
As far as "playing cops and robbers... in our own homes"... I fully support the notion that one is the "King or Queen or otherwise non-descript Royalty" of their own property and can issue death sentences on those committing certain crimes therein, at their own discretion, and in accordance with their local and state laws.

 

[Hermit]

9-year-old girl struck by bullet in truck dies, suspect says he was chasing robber

A 9-year-old girl died after a man who was held up at a Houston ATM fired at her family's pickup truck while attempting to shoot the robbery suspect, police said.

abcnews.go.com

A 9-year-old girl died after a man who was held up at a Houston ATM fired at her family's pickup truck while attempting to shoot the robbery suspect, police said.

The suspect in the shooting, identified by police as Tony Earls, 41, was making a transaction at a drive-thru ATM at 2900 Woodridge Dr. in southeastern Houston with his wife Monday shortly before 10 p.m. when he was robbed at gunpoint, according to police.

"Earls first shot at the robbery suspect, who was fleeing on foot, and then at a pickup truck he thought the robbery suspect had gotten into," police said.

Earls was arrested and charged with aggravated assault-serious bodily injury, police said Tuesday. The complaint alleged that he "recklessly" caused serious bodily injury "by shooting at an occupied motor vehicle with a deadly weapon."

Earls' bond has been set at $30,000. Attorney information was not immediately available.

At least Mr. Earls is being held responsible for the damage of his bullet. As everyone ought to be when they miss a legal and justifiable target.

Is a fleeing mugger a "legal and justifiable target" in Texas?
(Prolly not if he's white, but not on account of being white, of course.)

No. Not at all. But even if it was a justifiable shooting, this person would still be guilty of the crime of shooting the wrong person.
I don't see how he was treated any differently based on race. Anyone would have been arrested for shooting someone that was not endangering a life.. even if he shot 100 bullets, killing 99 bloodthirsty zombies that already killed 1000 babies.. if that 100'th bullet grazed a random person, then they would be guilty of assaulting that 1 person.
Just because a person just got robbed does not mean they stop being responsible for every bullet.

A Texas A&M study found that when whites use the stand-your-ground defense against black attackers they are more successful than when blacks use the defense against white attackers.[35] A paper from The Urban Institute which analysed FBI data found that in stand-your-ground states, the use of the defense by whites in the shooting of a black person is found to be justifiable 17 percent of the time, while the defense when used by blacks in the shooting of a white person is successful 1 percent of the time.[35][36] In non-stand-your-ground states, the shooting of a black person by a white is found justified approximately 9 percent of the time, while the shooting of a white person by a black is found justified approximately 1 percent of the time.[35][36] According to the Urban Institute, in Stand Your Ground states, white-on-black homicides are 354 percent more likely to be ruled justified than white-on-white homicides, even though they are more common by over 72 percent.[37] The paper's author noted that the data used do not detail the circumstances of the shooting, which could be a source of the disparity. They also noted that the total number of shootings in the FBI dataset of black victims by whites was 25.[38] A 2015 study found that cases with white victims are two times more likely to result in convictions under these laws than cases with black victims.[39]

https://en.wikipedia.org/wiki/Stand-your-ground_law#Racial_disparity


Apparently in South Carolina you can kill an innocent bystander and get away with it if your a POC if the victim is also black.

Columbia man cleared of murder charge under ‘Stand Your Ground’ law
Oct 11, 2013

A Columbia man who confessed to the fatal shooting of a local teenager in 2010 will not go to trial for murder.

At a Thursday hearing in Richland County Circuit Court, a judge granted Shannon Anthony Scott immunity from prosecution under the South Carolina Protection of Persons and Property Act, also known as the Stand Your Ground Law.

Scott fatally shot 17-year-old Darrell Niles, a Keenan High School student, in April 2010.

On the night of the shooting, Scott’s daughter was followed home by an SUV, and the people in it threatened her and fired shots near Scott’s house.

Scott went to his front yard after getting his daughter inside, and fired at Niles, who was in his own car (not the SUV) and was unarmed.

Judge Maite Murphy ruled that Scott’s actions were justified even though Niles was an innocent bystander. The Stand Your Ground Law says that a person in his/her home or vehicle is not required to retreat from an attacker.

Solicitor Dan Johnson has appealed the ruling to the state Supreme Court.

https://www.coladaily.com/public_sa...cle_adfe5454-3e8e-54db-af9f-5bc49cfee23d.html

 

[Toni]

WTF is wrong with us as a nation? Why do we think we are all entitled to play cops and robbers on public streets or even in our own homes??????

Apparently, with the $74M settlement from Remington to the families of Sandy Point tells us, the way guns are advertised for sale by the manufactures plays a big part in that.
As far as "playing cops and robbers... in our own homes"... I fully support the notion that one is the "King or Queen or otherwise non-descript Royalty" of their own property and can issue death sentences on those committing certain crimes therein, at their own discretion, and in accordance with their local and state laws.

I absolutely do not agree. Unless my life or the life of another person is at risk or unless they are in imminent danger of being harmed, I do NOT have the right to discharge a firearm in an attempt to kill them. And neither do you.

 

[Elixir]

No. Not at all.

Oh well, that's a relief (not that I was ever planning to be a fleeing mugger in Texas).

 

[Derec]

WTF, was he black or something?

(Prolly not if he's white, but not on account of being white, of course.)

This case has nothing to do with race, and yet you are making it all about race.
Pathetic!

 

[Derec]

What's the bet some "stand your ground" type law would have been applied if he looked Caucasian?

1. There is no indication that race had anything to do with him being charged.
2. This would not be a "stand your ground" case. There is a law in Texas you can shoot thieves at night, but you can't randomly shoot into uninvolved pickup trucks.

Nothing racist about this, but. Of course not.

There is no reason to think that. Except for far-leftists like you and Elixir who see racism everywhere.

The arrest rate of Asians is even lower than that of non-Hispanic Whites, so we can't possibly invoke racism. Let's call it something else. Can you help out, @Loren Pechtel ?

Arrest rate also has to to with crime rates. Blacks commit far more violent crime (5x as high for homicide compared to whites according to FBI) so of course arrest rates will be higher. And Asians commit fewer such crimes. No big racist conspiracy there.

As to this case, this is very tragic for the 9 year old girl and her parents. I think the shooter should be charged with manslaughter and the armed robber with felony murder in addition to robbery.

 

[Loren Pechtel]

Nothing racist about this, but. Of course not. The arrest rate of Asians is even lower than that of non-Hispanic Whites, so we can't possibly invoke racism. Let's call it something else. Can you help out, @Loren Pechtel ?

1) He was shooting at a mugger who had already fled. I don't know about Texas, but in most places that's attempted murder.

2) He fired at a completely different target anyway.

3) It seems like he wasn't able to legally possess a gun anyway.

Killing an innocent 9 year old isn't kosher even by Texas standards. He would have been arrested no matter what color his skin.

 

[Derec]

We CANNOT GO AROUND SHOOTING GUNS AT PEOPLE WE THINK ARE THE BAD GUYS EVEN IF WE ARE REALLY SURE THEY ARE THE BAD GUYS AND WE ARE REALLY SURE WE ARE EXCELLENT SHOTS.

Well, there are laws that allow people to defend themselves. Shooting an armed robber during the commission of a robbery is protected sefl-defense everywhere in the US I think. Texas, however, goes a bit further.

Robbery, even armed robbery is not a capital offense. Even if it were a capital offense, there must be an arrest, competent legal representation, a trial, and a sentence handed down.

That's beside the point. Judicial punishment is about suspects who have been caught and arrested. This is about shooting somebody during, or right after, commission of a violent felony. By the way, Texas gives robbery and nighttime theft victims the right to use deadly force even as the robbers/thieves are fleeing with stolen property.
Texas Penal Code - PENAL § 9.42. Deadly Force to Protect Property

A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41 ;  and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;  or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;  and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means;  or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Had Mr. Earls shot the right guy, he'd most likely have been fine, legally speaking.

WTF is wrong with us as a nation? Why do we think we are all entitled to play cops and robbers on public streets or even in our own homes??????

Wait, you do not think that people should have a right to even protect their own homes from invaders? What is wrong with you? I think the Texas law goes a bit too far in the one direction, but you are definitely going too far in the other.

The thing that you do if you are robbed at an ATM is to call the police.

By the time police showed up, the robber would be far away. So he tried to stop him. Unfortunately, he got overzealous and started shooting at the wrong vehicle. That is tragic, and Earls should definitely face the music for that. Which means a manslaughter charge. The robber should face felony murder in addition to armed robbery.

I do understand why a lot of black people might not feel comfortable doing that--and that's the other half of WTF is wrong with us as a nation where any portion of our population cannot reasonably look at the police as officers who are sworn to serve and protect us all, not just white people??????

It has nothing to do with him being black, but police are not omnipresent. They would show up 5, 10 minutes later, when the robber is already far away. If he is not on camera, they'd have a hell of a time catching him. But if he were wounded by Earls, they'd have a lot easier time catching the perp.

Like this case.
Driver shoots armed teenage carjacking suspect in Fairmount; 1 of 3 carjacking incidents overnight
The perp was easily caught when he showed up at the hospital, and justice is being served.

Note also, contrary to nonsense written by Elixir and Hermit, the victim in this case wasn't arrested even though he is black.

 

[Derec]

1) He was shooting at a mugger who had already fled. I don't know about Texas, but in most places that's attempted murder.

Texas has a statute allowing use of deadly force against robbers and nighttime thieves, even as they are fleeing.

2) He fired at a completely different target anyway.

True. He didn't just miss, he misidentified the target. Criminally stupid.

3) It seems like he wasn't able to legally possess a gun anyway.

If true, that's also a reason to arrest him. Example: Bernie Goetz is white, and he was convicted of that even as he was acquitted of shooting his would-be robbers.

Killing an innocent 9 year old isn't kosher even by Texas standards. He would have been arrested no matter what color his skin.

Exactly.

 

[Derec]

Is a fleeing mugger a "legal and justifiable target" in Texas?

If certain conditions are met, such as possibly^* nighttime, and no other reasonable way to recover property etc., then the answer is yes.

^* I am not a lawyer, but it seems that the provision of the Texas code applies to robberies and aggravated robberies at anytime, while it only applies to thefts during the nighttime. But I could be mistaken. Relevant Texas statute is quoted upthread.

 

[Toni]

We CANNOT GO AROUND SHOOTING GUNS AT PEOPLE WE THINK ARE THE BAD GUYS EVEN IF WE ARE REALLY SURE THEY ARE THE BAD GUYS AND WE ARE REALLY SURE WE ARE EXCELLENT SHOTS.

Well, there are laws that allow people to defend themselves. Shooting an armed robber during the commission of a robbery is protected sefl-defense everywhere in the US I think. Texas, however, goes a bit further.

Robbery, even armed robbery is not a capital offense. Even if it were a capital offense, there must be an arrest, competent legal representation, a trial, and a sentence handed down.

That's beside the point. Judicial punishment is about suspects who have been caught and arrested. This is about shooting somebody during, or right after, commission of a violent felony. By the way, Texas gives robbery and nighttime theft victims the right to use deadly force even as the robbers/thieves are fleeing with stolen property.
Texas Penal Code - PENAL § 9.42. Deadly Force to Protect Property

A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41 ;  and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;  or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;  and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means;  or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Had Mr. Earls shot the right guy, he'd most likely have been fine, legally speaking.

WTF is wrong with us as a nation? Why do we think we are all entitled to play cops and robbers on public streets or even in our own homes??????

Wait, you do not think that people should have a right to even protect their own homes from invaders? What is wrong with you? I think the Texas law goes a bit too far in the one direction, but you are definitely going too far in the other.

The thing that you do if you are robbed at an ATM is to call the police.

By the time police showed up, the robber would be far away. So he tried to stop him. Unfortunately, he got overzealous and started shooting at the wrong vehicle. That is tragic, and Earls should definitely face the music for that. Which means a manslaughter charge. The robber should face felony murder in addition to armed robbery.

I do understand why a lot of black people might not feel comfortable doing that--and that's the other half of WTF is wrong with us as a nation where any portion of our population cannot reasonably look at the police as officers who are sworn to serve and protect us all, not just white people??????

It has nothing to do with him being black, but police are not omnipresent. They would show up 5, 10 minutes later, when the robber is already far away. If he is not on camera, they'd have a hell of a time catching him. But if he were wounded by Earls, they'd have a lot easier time catching the perp.

Like this case.
Driver shoots armed teenage carjacking suspect in Fairmount; 1 of 3 carjacking incidents overnight
The perp was easily caught when he showed up at the hospital, and justice is being served.

Note also, contrary to nonsense written by Elixir and Hermit, the victim in this case wasn't arrested even though he is black.

So what would have happened if he had killed the guy who robbed him?

Would he have gotten his money back right away?

Nope. The money would have been evidence and would have been tied up in court proceedings for months, maybe forever.

I get being really pissed at someone who just robbed you or for whatever awful thing they just did. I honestly do. But unless someone is assaulting you or another person or torturing an animal, or burning a building with people in it—what is gained by killing then?

Only an idiot shoots to wound. Even skilled marksmen miss sometimes, especially in stressful situations. Do you know what it does to normal people to kill someone? It’s not something you get over, even if 100% justified.

If someone breaks into your home, you call the police as soon as you are able. You let them take whatever it is that they want.

Stuff can be replaced. People cannot be. There is no taking back killing someone.