Texas Dad Beats His Daughter’s Molester to Death

[Flying Crane]

A little more info today:



And apparently the father didn't use a weapon, but beat the rapist to death.

From the available information, justifiable homicide in defense of another seems likely. I can't imagine any father showing restraint in such circumstances.

I dunno if that is justifiable. If he hit the guy once or twice and the guy fell over and hit his head and died, then that may be justifiable.

But if he hit the guy and the guy fell over, or even started to run away, at that point the attack and the danger to the victim has legally been stopped. Typically the "defender" has an obligation to stop at that point. If the father chased him down and/or continued to hit him after he was down and no longer a threat, then the father has become the aggressor in the eyes of the law. If that is what happened, then he could be charged criminally with some form of manslaughter or something.

Just to be clear, I'm not condemning the father, I'm not defending the attacker, I'm not saying I don't understand the father's reaction nor how any father or parent might react to a similar situation. I'm just saying that depending on how the events actually played out, he very well could be prosecuted.

 

[Flying Crane]

I understand the desire to really, REALLY hurt the creep. My feelings are for the little girl though. First she is molested then she may lose her dad to jail because her father could not control himself. I'm not saying I would have done any better in that situation, but seems to me the best interest of the child would be if daddy is still there instead of jail. Sometimes being a good parent means thinking of the kid first and denying yourself. Poppa didn't do that.

yeah, it's difficult to protect and care for your family if you are sitting in prison. Long term picture here. Of course it's difficult to keep that in mind during the passion of the moment, I don't deny that.

 

[shihansmurf]

yeah, it's difficult to protect and care for your family if you are sitting in prison. Long term picture here. Of course it's difficult to keep that in mind during the passion of the moment, I don't deny that.

Valid point.

I hope I'm never in a position to test my restraint in such a matter. I'm very protective of my family, and I can't imagine any scenario like this where I wouldn't react the same. I hope he is exonerated. The girl doesn't need to loose her father on top of this.

Mark

 

[Wo Fat]

If the guy lives like an animal, then that's the way I'd treat him. I'd kill any animal that dared to harm my daughter. Or someone else's 5 year old daughter for that matter.

 

[Randy Strausbaugh]

Clearly, no jury in its right mind would convict the father. Epecially not in Texas. Just sayin'.

I worry about the little girl. Not only was she raped or nearly raped, but she saw her father beat a man to death. Two very traumatic events. She might see it as "Daddy will protect me", or if she blames herself (as unfortunately far too many victems do) she might take it as "Daddy killed someone, and it's my fault". Just telling her she's not to blame probably will not be enough. I hope that this child gets counseling to help her deal with this. She's suffered enough and should not have to suffer further.

 

[Zoran]

Funny thing is before I was a father, if I found myself in the situation with someone else's little girl, I would probably give the guy a pretty damned good beating but I am sure I would have the presence of mind to stop before he died. Prison being my motivating factor to stopping but not a huge concern.

Now that I am a father, I doubt I would have the presence of mind to stop even though I have more to loose if taken to prison.

Interesting.

 

[pgsmith]

Will be interesting to see how it plays out.

This is Texas, there's no way the grand jury will authorize the DA to prosecute this case. They'll label it justifiable homicide, and the fellow will be a local hero.

However, I agree with granfire that at that age, I always knew where my kids were and what they were up to. We have no way of knowing from the article whether the perpetrator may have grabbed the girl and run off with her while the Dad was looking the other way, or how long she was out of his sight before he heard her. However, it sounds to me like he wasn't paying close enough attention at the time. I have no issues with the fact that the perpetrator is no longer in need of our justice system.

 

[billc]

Sometimes, especially if the guy has no background in hitting people, you can't always tell how much is too much when you are hitting someone. One punch in the wrong (or right ) place will kill.

Now here is the interesting question. If you are on the jury, and you have the info. on this that we have here, and no more...do you convict the father? No fair saying we don't know enough about the case, we never will since we won't be on the jury. This is just a decision base on what we know from the first post, and we assume it is accurate. Do you convict, yes or no? From the standard of a reasonable person in the same situation, I say no, I would not vote to convict.

 

[Carol]

Sometimes, especially if the guy has no background in hitting people, you can't always tell how much is too much when you are hitting someone. One punch in the wrong (or right ) place will kill.

Now here is the interesting question. If you are on the jury, and you have the info. on this that we have here, and no more...do you convict the father? No fair saying we don't know enough about the case, we never will since we won't be on the jury. This is just a decision base on what we know from the first post, and we assume it is accurate. Do you convict, yes or no? From the standard of a reasonable person in the same situation, I say no, I would not vote to convict.

I would not vote to convic5 predominantly because the father struck his daughters assailant when she was being sexually assaulted. That to me speaks strongest of trying to stop a vicious threat to his daughter's life. Had the assailant fled and the father pursued to track the assailant down, that would be shakier.

 

[Flying Crane]

No fair saying we don't know enough about the case, we never will since we won't be on the jury.

then it really is pointless to speculate. You may as well just look at what people have posted already. I'd say their positions have been made clear. But it's not based on fact, it's based on emotion.

 

[Buka]

We can't very well condone just killing someone who is sexually attacking an innocent child. I mean, if everyone did that - sooner or later we'd run out of child rapists. Jeesh, then where would we be?

 

[ballen0351]

Id say he has a good case for temp insanity defense. I think a jury would buy that if they tell the story. "My son came running saying a strage man just kidnapped my daughter. I went running in a panic to find her and I see my little baby girl naked with a naked adult man touching her. I blanked out went into a fit of rage, I pulled him off he struggled with me I dont remember anything else until it was over and I got my innocent little girl out of that barn." At least thats how Id say it happened. Then hopefully my lawyers got several parents on the jury.

 

[Grenadier]

If the evidence in place supports the father's story, then he is clearly in the territory of "justified homicide." We need to see the evidence that comes forth. If the medical reports support this, then I would have absolutely no problems vindicating the father, and even calling him a hero.

In most areas, you can use lethal force to prevent a violent felony, and preventing the rape of a child is certainly grounds for this.

 

[sfs982000]

I don't blame the girls father in the least bit, I would've done the exact same thing in his situation.

 

[Nomad]

We can't very well condone just killing someone who is sexually attacking an innocent child. I mean, if everyone did that - sooner or later we'd run out of child rapists. Jeesh, then where would we be?

That almost sounds like a plan to me...

 

[Scott T]

Nice thing about where I live. About twenty miles from here is a forest that extends about 300 miles north. Lots of old logging roads to drop the the body and let the wildlife dispose of the it.

 

[pgsmith]

Id say he has a good case for temp insanity defense. I think a jury would buy that if they tell the story. "My son came running saying a strage man just kidnapped my daughter. I went running in a panic to find her and I see my little baby girl naked with a naked adult man touching her. I blanked out went into a fit of rage, I pulled him off he struggled with me I dont remember anything else until it was over and I got my innocent little girl out of that barn." At least thats how Id say it happened. Then hopefully my lawyers got several parents on the jury.

Won't need any of that, it's in Texas. The grand jury will label it justifiable homicide and not pass it on for prosecution. It wasn't that many years ago that a grand jury decided it was justifiable homicide when a father hunted down and shot his daughter's molester.

 

[Carol]

The grand jury has spoken. They refuse to indict the father. The DA believes the evidence corrobertates the father's story.


http://www.khou.com/news/159620305.html

 

[granfire]

The grand jury has spoken. They refuse to indict the father. The DA believes the evidence corrobertates the father's story.


http://www.khou.com/news/159620305.html

well, that's justice at work I suppose.

 

[Grenadier]

The grand jury has spoken. They refuse to indict the father. The DA believes the evidence corrobertates the father's story.


http://www.khou.com/news/159620305.html

In that case, good for the father. He's a hero for saving his daughter from an awful fate.

My only beef with this situation, is that it shouldn't have even gone to the grand jury from the start, given all of the evidence in hand.