I don’t know TX law but this goes from bad to worse. Vid does not show if dude decided to take a swing with the bat, but why you’d hand someone a bat when two people in front of you have firearms, seems like bad idea. It was:
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I’ll bite.
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Best comment on linked site “There is so much trailer trash in this video that I spontaneously grew a mullet just by watching it.”
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It is hard to imagine a stupider reason to have a deadly force incident. This is way into Idiocracy territory.
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From spoken and body language, deceased guy apparently always gets his way and just expects to get his way. No attempt at reasoning or discussion.
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Interesting that although father-son were arrested and charged with murder 1, their bail was only $25,000. Admittedly that’s more than terrorist-camp-mastermind bail in neighboring New Mexico, but it’s very low for murder 1. That makes me think that the judge and prosecutor expect the charges to be dismissed or greatly reduced.
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Regardless of the legal outcome of this case, I’ll bet it’s the start of a multi-generational violent feud.
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Father-son, especially father, were remarkably calm for all the threats, screaming and lunging/posturing from deceased. I’m guessing father has dealt with dangerous trashy people somewhat regularly in past, maybe in whatever his line of work is.
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Clothing doesn’t affect the legal basis, but if father-son had been fully dressed in some decent clothes, the perception would be very different.
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Given all the threats recorded on the video, the main legal issue will be whether the father-son started the fight or not, and whether they had a duty to retreat.
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Common-law widow took video thinking her side was in the right, but it may well be the most useful evidence to exonerate father-son or at least get charges greatly reduced. I can’t imagine a murder 1 conviction if a jury saw this. Maybe manslaughter.
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Headshot?
Not clear but I think 2-3 handgun shots followed by 1-2 shotgun shots.
I believe one does not have a duty to retreat in TX from what I have read. What a cluster. You can see the bat go flying by at the very end of the vid.
We don’t know what it was about but how about de-escalating the situation by walking away. Police don’t have the luxury to walk away
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The backstory is explained in the article linked in post #1. No matter how dumb you expect it to be, it’s dumber.
This is an episode of “The Trailer Park Boys” gone horribly wrong.
There’s a number of ways it could have gone that didn’t end like that, but I’m not sure what legal obligations they had under TX to take another route.
That’s where I’m at.
Guy with the handgun repeatedly and calmly told his “I’m gonna ****ing kill you WWF” neighbor to back off at least a dozen times. Since he didn’t get all huffy and puffy, WWF neighbor got a bat (I guess a folding chair wasn’t available) and apparently became the armed aggressor and guess what?
I’m amazed the father and son were arrested, looks like a solid stand your ground. And this is the kind of shit that seemed to be happening all around me in FL and that is one of the reasons I moved.
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So I’m guessing the dumpster belonged to the Millers (father and son) and the mattress belonged to Howard and Box who got upset when Miller took the mattress out of his dumpster and put it on his lawn.
Sounds exactly like the F-ed up shit I was seeing all the time.
Cops don’t just go away once they’re called. Have you ever heard someone say “I’m not going to comply” and the cops just say well…we tried, didn’t work, we’re leaving.
This street not being my property the neighbor can scream and threaten me all he wants. I’ll go home, call the cops and file charges. I would never have waited there long enough for him to get the bat.
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Its scary, I had exactly the same thought.
PENAL CODE
TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
SUBCHAPTER A. GENERAL PROVISIONS
If deadly force is so justified, there is no Previous duty to retreat before using it.
Now that we have that out of the way . . .
For those of you who have never been to Abilene, TX it is a smallish typical TX town. Largely conservative with a church on every corner and even a Baptist university in town. The color of their skin, body mass index, lack of clothing, who did what with the jizz stained mattress, et al. do not matter in this incident.
As usual we don’t have video of what led up to the confrontation but things must have escalated to the point that the father and son felt the need to arm themselves. That was very wise of them, they’ve probably have had past run-ins with Mr. Yells Deadly Threats. In the cell phone video it is obvious who the aggressor was, the enraged neighbor in the orange shirt.
In the video footage at no time did the father advance on his enraged neighbor. He simply stood his ground which is well within his legal right to do so. The “common-law-wife” legal scholar pipes up that he is not on his property (as if that matters lol), one has the right to self-defense in the public domain. Mr. enraged neighbor repeatedly yells; “I’M GOING TO KILL YOU MOTHER ****ER!” to the father AND his son and yells other statements to include; “MOTHER ****ER I’M GOING TO PUT A BULLET THROUGH YOUR HEAD”. Of course after all this he escalates things by taking a baseball bat (blunt instrument) from his brother. So with what we know it was three against two, that is a good son who covered his pops with the street howitzer.
If I lived in the county or worked in it I’d take some issue with the DA and the charges brought fourth against the victims in this case. As for MMQB’ing, the son should have had a cell phone and called 911 to report a enraged neighbor threatening to kill his father and himself while having his dad’s back. To quell the court of public opinion and the bleeding hearts I wouldn’t have said “If you come near me, etc. I’m going to kill you”. Never mention shooting or killing, play to the camera. Nor would I have said “Go ahead and take your swing” or called him any names. Props to the father and son for remaining calm for the most part and not letting themselves be assaulted and or murdered.
one thing if the brothers were smart and kept their mouth shut when the police arrived and waited for a lawyer
and the dead guys wife spouted off that they just shot him for no reason and lied about who did what
I can see the murder 1 but I do think this is going to fall apart really quick
ditto the saying take a swing and the other idiocy but this is what you get with idiots and idiots ?
but on a personal side when rednecks collide reckon this is what happens ?
personal side to I wonder if they had enough bullying from this guy before and finally stood their ground or ?
but the dead guy saying he is going to kill them then grabbing a weapon etc… just shaking my head as someone called his bluff
dead dude looked big and acted the bully so also reckon he did this is whole short life and someone did not back down this time
Ed’s dead, but he was right, the old guy was arrested.
I could do with the the filler on the sides of the actual video. For most of it, it seems to just be gut and man-boob just barely perceptible.
This is probably a lot like how the shootout at the OK corral went.
Did the handgun jam?
I’ve heard of ‘going to the mattresses’ but never over the mattresses.
- Dude was putting his mattress in their dumpster so he didn’t have to pay the trash removal fee
- He threatened to kill a mailman for walking between his cars and his window when the mailman was trying to deliver the mail
- He’s got a rap sheet longer than War and Peace
- He came after John Miller with a baseball bat
- He threw the bat at John Miller after John shot him twice
- After being shot twice and then throwing the bat at John Miller; Mike Miller cleaved his head in twain with a 12ga Shockwave
https://arrestfacts.com/Aaron-Howard-5U2k54
