Texas cop urges Facebook followers to use deadly force against anyone harming a Confederate stat

[riversedge]

Source: raw story




20 Aug 2017 at 16:15 ET


Writing on Facebook, a Texas cop and police police academy instructor explained to his followers that they can legally shoot and kill anti-racism protesters if they attempt to pull down a Confederate monument on their private property.

......................

Ryan then outlined the legalities of shooting a person on private or public property by citing Texas statutes on “Criminal Mischief, “Protection of a Third Person’s Property,” and “Protection Of One’s Own Property,” before getting down to the right to shoot someone.

“Chapter 9.42 states: DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property,” Ryan wrote, noting that deadly force is justified after dark.
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He then added, “Bottom line, if someone is destroying a monument or statue that isn’t theirs, you can defend it by force during the day with deadly force at night,” before quipping, “Just a little tip, from your Uncle Phil…”..................................

Read more: http://www.rawstory.com/2017/08/texas-cop-urges-facebook-followers-to-use-deadly-force-against-anyone-harming-a-confederate-statue/

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lordy lordy. There are many crazies out there that will like to this. whow.

[Nevernose]

1. He's crazy, but he's not wrong.

What he's describing is perfectly legal in Texas. You can shoot and kill anyone stealing or destroying private property.

My "favorite" case was the Texan who, a couple of years ago, shot and killed a prostitute. He paid her for sex, she changed her mind and ran out of the motel room, he killed her. Not guilty. Horrifying.

The best part of being from Texas is being FROM Texas.

[yuiyoshida]

3. Wtf?

Thats barbaric -fucking Savage !

[Nevernose]

14. Shit like that is why I'm never going back

Not to live, and preferably not to visit.

I have fond memories and Texas is great for many liberals, but it's not for me.

[yuiyoshida]

15. Don't blame ya

This isn't the year 1881, or is it?

[Aristus]

35. Right there with you.

I was born and raised in San Antonio, and for many years, I was proud of that fact. I loved being from Texas, and telling people I was from Texas.

I haven't felt that way in years...

[ret5hd]

4. Not EXACTLY as you described...but (more than) close enough:

http://www.huffingtonpost.com/2013/06/06/ezekiel-gilbert-acquitted-murder-prostitute_n_3398225.html

[LeftInTX]

6. I remember that case

I can't remember the stupid defense, but it was really stupid. Apparently you can kill a prostitute if she doesn't provide the services.

[Dustlawyer]

8. I believe it has to be YOUR personal property before you can defend it to death.

How many people own their own confederate statue? If someone has their own Confederate statue then they can have sex with it for all I care!

I might have to get one and use it for target practice.

[Nevernose]

13. Sometimes even then

Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

[sinkingfeeling]

16. Does it have to be your private property or can you commit murder in

defense of someone else's private property?

[Nevernose]

17. My reading is that it can't be a stranger's property

Either someone has to give permission or it has to be a relative. Nothing formal, though; "watch my stuff and I'll watch yours" might be enough of an understanding. Especially for the kind of people who own private Confederate memorials.

And in enforcement of that provision, the most important thing is that the shooter is white. At the same time the prostitution murder trial was happening, a black man was being tried for the same thing -- except he'd actually been defending his own property and not engaging in illegal activities. Guilty.

I don't think the law is even close to just. It's barbaric and killing someone over possessions is just wrong. Evil. So what if someone steals the car? It's just a car. It's greedy, cowardly, macho bullshit.

[Gore1FL]

18. Is it valid for public property?

Presumably that's where the statues in question would be.

[Pugster]

21. You're not 100% right. You cannot kill someone for spray-painting, for example

Reich’s example of the highway spraypainter bridges the gap: "Spraypainting would be both a public nuisance and criminal mischief," Abbott said.

http://www.politifact.com/texas/statements/2013/jul/18/robert-reich/robert-reich-says-its-legal-texas-shoot-someone-cr/

[Ken Burch]

22. Pretty sure it's not legal for any cop to publicly encourage violence, though.

If nothing else, you'd think it would conflict with the job description of a "peace officer".

[Nevernose]

32. You'd think so, right?

It's also the South, so who knows? And I'm sure he'd use the excuse of "Just informing people of their rights" rather than inciting violence.

The fact that such a law even exists is, as someone else said, barbaric.

[Honeycombe8]

39. Only if it's YOUR private property, tho, I think. Which public property is not.

Unless someone has a statue on his property, it's illegal to shoot to kill someone who is defacing or stealing PUBLIC property.

What he's talking about is an individual's right to protect not just himself, but also his property, with deadly force, if necessary.

Example: If you return home and find someone in the process of trying to burn your home down, you have a right to shoot to kill, if necessary, to stop him. You have a right to protect your property. Someone could literally wipe out everything you've worked for, everything you own.

But that's irrelevant regarding these statues, unless they are on private property, and the owner of that property (and owner of the statue), has to use deadly force to protect it.

[Control-Z]

2. Jesus fucking christ.

This has got to stop. I hope Texas activists get the word out quickly. Anyone thinking about removing one of these monuments needs to be warned. This is like a speed trap, but deadly, and by civilian.

[Honeycombe8]

40. Whether it's shoot to kill or something else, someone who commits a criminal act...

assumes the risk of whatever may happen.

Heck, someone could step in a pothole while creeping around in the dark to deface property, and break his ankle. Good luck trying to sue the owner of the property for a dangerous condition. The law does not help someone who is in the process of a criminal act. I know there are cases where that has been tried, but no one has won, to my knowledge. Certainly not in TX.

People should be aware that in some areas of the country, many people have guns and know how to use them. And do use them. I'm in the south and have a gun myself. First thing I'd do if I saw someone creeping around my house in the middle of the night is get my gun.

Texas, Oklahoma, Louisiana, Arkansas...I'd say those are high-gun states.

[LeftInTX]

5. FB post gone...

But, I think I found him. He works in Tyler County. Either in the Woodville PD or in the Tyler County Sheriff Dept.
A common name. Other people on FB thinks he works in the McKinney PD. Someone else of FB thinks he works as head of security at a health care facility. ..........

[xor]

23. You can find his linkedin, or at least it was up a few hours ago.

I don't think he's the sheriff from Tyler, but rather some security person at some company. He is also an instructor as he said. No mention of him being a LEO on his linkedin.

Anyway, the guy who is/was an actual sheriff doesn't look like the guy who posted. The guy's facebook profile pic does look exactly like the who is the glorified corporate rent-a-cop on linkedin, though.

[LeftInTX]

26. Who knows...if he's a rent-a-cop it makes me feel a bit better

These deputy dogs are always spouting off nonsense.

[Honeycombe8]

41. Tyler, TX is Trump territory. 70% voted for Trump, I think.

Very much a gun city. It has very low crime....for a reason.

[Skittles]

7. what a fucking idiot

[ileus]

9. Why would anyone want to destroy private property anyway?

[The_jackalope]

10. What about trying to rip down someone's Confederate flag?

Some crazies will now shoot people who try to tear down a flag (or impromptu Confederate shrine/monument) on their property.

This is getting creepy real fast.

[oneshooter]

20. If somebody came to your house and broke the windows.

Then that's alright with you. Right?

[Gore1FL]

46. Being "alright" and being worthy of deadly force are pretty far apart from one another. nt

[Iggo]

11. Cops. Ain't they the fucking best?!?!?! (n/t)

[Honeycombe8]

12. If it's on THEIR property, seems to be. If that's the law, that's the law.

People do have the right to defend their property. That right varies from state to state.

[xor]

24. This guy isn't talking about people defending their own property (different debate entirely)

He was encouraging people to shoot folks going after the public statues or even other people's/businesses private statues or whatever.

I don't think people should be going around destroying vigilante style, but they shouldn't be killed if they do it. This guy is an ass and I hope no one takes him at his word. This post and story is being spread all over facebook and other social media. Not just by people pointing out the ridiculousness of it, but by people who are cheering on the idea of shooting people for unsanctioned statue modifications and downgrades.

[Honeycombe8]

33. That's part of my point. I think he's wrong. It's illegal to defend OTHER people's property with

deadly force, I believe. Whatever the law is, that's the law. We are a nation of laws.

People who deface the statues should know the laws, first. I don't think it's legal to kill or shoot at someone defacing public property, though.

This is Texas, not New Jersey. The history there is different from the other southern states. In fact, Texas isn't even considered a southern state, now.

[xor]

38. Oh gotcha. I misread you. :D

[Stuart G]

19. I tried to verify this story...facebook page has been eliminated. No proof he is a cop..

I looked in several locations..No proof he is an officer anywhere..At least I did not find any..

[xor]

25. His linkedin doesn't mention him being an actual police officer. Just police instructor

Not sure if that's considered being a police officer or not, but I would think not.
https://www.linkedin.com/in/phil-ryan-2a893256/

[CozyMystery]

28. I found it about10 minutes ago

Same photo, but all set to private. I reported it to FB, though, as inappropriate content. When I tried to link to his page, it had vanished.

[Honeycombe8]

34. Oh....that has to be watched. Facebook is very iffy. The Russian trolls use FB a lot. nt

[Bladewire]

27. The cop is inciting violence illegally he fails the Brandenburg test

Lock him up!

The ‘Brandenburg test’ for incitement to violence

http://freespeechdebate.com/case/the-brandenburg-test-for-incitement-to-violence/

[Sunlei]

31. copied from the movie 'birth of a nation' everything, robes, torches & even cross burn from movie.

kkk also rose hand in hand with the NRA- IMO, both groups cause more trouble today then they are worth to society, not even as 'free speech'. both are hate groups and foment violence.

[onenote]

43. He doesn't fail the Brandenburg test

Not imminent.

[Bladewire]

44. Righton

Thanks 👍

[Historic NY]

29. They took them down last night, he must have been sleeping.

[Sunlei]

30. people who post like this on social media usually lose their JOB & if LFWork- aren't hired.

[inwiththenew]

36. People have gotten away with worse...look up Joe Horn

The cliff notes on that are he saw two men breaking into his neighbor's house and calls 911. He gets upset with the slow response time and sees them taking off so he goes out and shoots and kill both of them.

Got no billed by a grand jury.

[link:https://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy|

[Turbineguy]

37. Real patriots

shoot other Americans.

[Honeycombe8]

42. They weren't Americans.

That probably had something to do with the GJ's no-bill. They were in the country illegally, so shouldn't have been here, anyway. Then they were in the process, or just finished, committing a crime. PLUS, he told them to freeze "move and you're dead." They came at him in his yard, so he shot 'em. They may not have understood what he said, since they were illegal immigrants.

That's in Texas. A lot of people in Texas have guns and don't suffer criminals much. Juries are lenient with protection of people and property by the use of guns.

When you're a criminal, you assume the risk of getting hurt or killed. That's the nature of the business, I'd say. Just like if you're a drug dealer, there are certain risks with that. It's a dangerous business.

[liquid diamond]

45. So you're allowed to kill someone for

stealing or vandalizing someone's shit? That's the value of life in Texas? This is one reason why I stay out of the south.