We have previously discussed “Castle Doctrine” and “Stand Your Ground” laws. The latest such case comes from Martindale, Texas where Terry Duane Turner, 65, is charged with the first-degree murder of Adil Dghoughi, 31. Dghoughi was sitting in his car in the driveway of Turner’s home before the confrontation leading to his death.
Turner says that he went to the bathroom around 3:40 am on October 11 when he noticed a car was parked in his driveway with its lights off. He ran back to his bedroom, grabbed his handgun, and ran outside. However, the car then immediately began to back out of his driveway. Turner chased the car and “struck the front driver’s side door window twice with his handgun.”
While on the phone with CCSO 911, Turner reportedly told the dispatcher “I just killed a guy,” saying that the driver allegedly “tried to pull a gun on me.” “He started racing away and I ran after him,” Turner reportedly said. “He pointed a gun at me and I shot.”
However, no gun was found in the vehicle.
Dghoughi came to this country from Morocco and obtained a master’s degree in financial analysis from Rhode Island’s Johnson & Wales University.
What is notable is that Turner is relying on the SYG law rather than the Castle Doctrine. The Castle Doctrine has been extended to include the curtilage surrounding a home. We have previously discussed such shootings in driveways, including a Texas case with similar defense claims. The laws have been criticized for creating perverse results as in the controversial case of Joe Horn in Texas. Yet, the popularity of these laws have spawned “Make My Day Better” laws that extend the privilege of lethal force to businesses and cars.
The decision to rely on the SYG law may be due to the chase, which might have taken both men beyond the driveway and any claim of curtilage. The SYG law states in part:
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other’s use or attempted use of unlawful deadly force; or
(B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
Of course, this turns on a “reasonable belief” on the part of Turner, who claims that he saw or thought he saw a gun. The problem is that Dghoughi did not have a gun and never even lowered his window. He was trying to leave the scene.
Dghoughi’s family can also sue in torts. Turner is clearly making a self-defense claim as opposed to a defense of property claim.
There is an allowance in torts for mistaken self-defense. In the case of Courvoisier v. Raymond, 23 Colo. 113 (1896), a man chased a group out of his home only to fire when a man approached him outside his home from the stone-throwing mob. It turned out to be a deputy sheriff but the court found that Courvoisier could rely on reasonable mistaken self-defense. The common law has long offered ample protections even for reasonable mistakes.
Of course, the difference is that, in Courvoisier, the victim was in fact armed and that was a violent confrontation occurring at the scene.
It is a case reminiscent of the most notorious case involving the shooting of a Japanese student in Baton Rouge. The 16-year-old Japanese exchange student, Yoshihiro Hattori, was looking for a Halloween party and scared the wife of Rodney Peairs when he spoke a strange language and approached the house. Peairs shot him in the chest with a .44 Magnum handgun and was later cleared under a Make My Day law as mistaken defense of his home and self. We also saw a tragic such case involving the killing of a law student.
The defense will face a tough time in the criminal trial given the pursuit by Turner and the absence of a handgun. Dghoughi’s girlfriend said that he often would drive around listening to music to relax and she believed that he simply got lost and pulled into the driveway to check directions. Even if Turner were able to get a hung jury or an acquittal on the criminal charges, this would seem a strong case for a wrongful death lawsuit under torts.
We have become a nation of cowards and murderers. Regardless of what the outcome of any legal proceedings this man is a liar, a coward and a murderer. Just as the woman who murdered the Japanese exchange student was. Cowards and murderers. Lying cowards and murderers.
So many Americans today cowering behind a gun ready to shoot anyone they don’t like or for whatever reason, fear. If we had any moral soul or conscience left as a people we’d hang our collective heads in shame. Unfortunately our necks our as stiff as ever still, with very very little these days to be stiff-necked about.
Jonathan: The case of an obscure Texas man who chased and shot a man parked in his driveway may be of interest to your law students but for the rest of us non-lawyers out here please spare us. Besides, Terry Turner is relying on “Stand Your Ground” as a defense and it doesn’t appear from the facts he has a leg to stand on. No pun intended. There are other more important issues you could discuss like Steve Bannon’s contempt citation being referred to the DOJ for prosecution or revelations that right-wing GOP members of Congress helped in the planning of the Jan. riot to overturn the 2020 election–just to name two. There is another important issue you could actually take steps to rectify.
Fifty years ago Congress passed the Equal Rights Amendment (ERA). Since then 3/4 of the states have ratified it. Yet the National Archivist has not certified the ERA. Why? Because your close friend Bill Barr, former AG under Trump, relied on an opinion letter arguing the ERA had not been properly ratified because of an arbitrary deadline not contained in the language of the Amendment. Barr probably knew Trump would explode if the AG told the National Archivist to certified the ERA as the 28th Amendment. Here’s where you come in. Tell your close friend Bill Barr to urge AG Garland to rescind the 2020 OLC opinion letter so the National Archivist can certify the ERA. That would be the right thing to do and would give women, particularly women of color, another tool in fighting back against continuing workplace discrimination. If you do this I will pay for your next lunch with Barr.
“That would be the right thing to do and would give women, particularly women of color, another tool in fighting back against continuing workplace discrimination. If you do this I will pay for your next lunch with Barr.”
***********************
Men gave them half of the money in the country and nature gave ’em 100% of the woo-woo. If that isn’t enough “equal rights” then there is something wrong with them.
Fire Fauci. I just saw a couple of photos of what happened to the beagles in a lab in Tunisia, which Fauci funded. They were de barked. Their heads were locked into insect netting boxes, filled with sand flies which preyed on them while they were unable to escape or use their paws to swipe them off, in order to study the parasitic infection of leishmaniasis. Then they were killed and dissected. It made my skin prickle with horror.
Fauci funded gain of research of coronaviruses in Wuhan, despite repeated warnings that A) the lab had biosafety problems and B) the Chinese military was interested in weaponizing coronaviruses.
Fauci lied about this to Congress. That “let me say this again” line is going to be his downfall.
Fauci spent hard earned taxpayer money to torture puppies in North Africa. Right on cue, the NIH is denying their involvement, although they admitted they did perform similar leishmaniasis studies on beagles in Tunisia. This was on top of the drug experiment where all the beagles were dissected afterward.
Scientists are rather infamous for doing something just because they can. Because it’s fascinating. Like humanizing monkeys in China to experiment on them. But they don’t always ask the question if they should.
We need a serious bioethics review, as well as an audit of what kind of research we’re spending taxpayer money on, and if it’s necessary. Scientists have access to plenty of leishmaniasis sores to dissect at their leisure without strapping cases of sand flies to dogs’ necks for 22 months or stuffing their heads in boxes filled with sand flies.
Scientists are rather infamous for doing something just because they can. Because it’s fascinating. Like humanizing monkeys in China to experiment on them. But they don’t always ask the question if they should. — Karen S
This… is the difference between knowledge and wisdom.
Karen, Fauci doesn’t “fund” anything. He is a spokesman for the CDC. Period. You picked up this erroneous reason to attack Dr. Fauci from some of the alt-right media you rely on. Any, they go after Fauci because his calm, intelligent and scientifically-accurate delivery of information proved what a fool Trump is. Trump knew it, too, and repeatedly wanted to fire him, like he did with anyone and everyone who didn’t help him lie and misrepresent the facts to the American people.
And, on this note, Dr. Deborah Birx testified before a Congressional Committee investigating the US response to COVID that Trump’s ineptitude is responsible for 130,000 unnecessary COVID deaths. This is due to his overall incompetence, including downplaying of the risk, lying about the risk, refusing to wear masks, and stupid misdirection on Hydroxychloroquine. That’s something that is worth commenting on. But, I’m sure Hannity didn’t cover it, so neither will you.
“Fauci doesn’t “fund” anything. He is a spokesman for the CDC. Period.”
If you want to be an effective apologist for Lord Fauci and for the Covid fascists, then your deceptions need to be more subtle. This one’s too obviously a lie.
The High Priest of “science” is NIAID director, overseeing a budget (of money looted from taxpayers) of some $6.1 billion. NIAID routinely funds all types of research, including in dictatorships such as China. It even has a funding newsletter titled: “NIAID Funding News.”
After hearing all the pining away for our dear departed, drive-in boy, Adil Dghoughi, and no love for the homeowner whose crime apparently was investigating an obvious breach of his curtilage in the wee hours of the morning, I’m reminded by a Tavares favorite of mine. Oh and the good news is that Adil is back – presumably.
The victim wasn’t murdered on the curtilage–he had backed out of the driveway when this John Wayne wannabe chased after him and killed him without provocation. Then, he lied about seeing a gun. He should go to prison.
The driveway is the curtilage. He either lied or was mistaken. I’d give the innocent homeowner the benefit of the doubt. Why won’t you?
People really are not aware of some of the cost/benefit of shooting someone, and they should take this to heart:
Considering the above situation. The homeowners sees someone parked in his driveway at 3:00 AM. He goes out to contact the car’s occupants to find out why, before which he brings along a handgun in his pocket to protect himself in the rare event something goes South.Two possible outcomes and their results:
1) Trespasser drives away.
Result: Problem solved…back to bed.
2) Homeowner fires handgun
Result: Paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches, paperwork, interviews, headaches.
And a civil suit.
And maybe civil suit and jail.
Two words: Justifiable homicide.
Next case.
As the unconstitutional IRS, tax code, affirmative action, generational welfare, “non-discrimination” laws and he entire unconstitutional American welfare state must be unceremoniously demolished and disintegrated with extreme prejudice, 90% of statutes must be eliminated and those remaining made simple and “user-friendly.” “Hate crime” laws must be terminated and expunged from codes.
The judicial branch and Supreme Court must support Article 1, Section 8, by eliminating taxation for anything other than “…general Welfare…” and ending regulation of anything other than the value of money, the “flow” of commerce, and land and naval Forces, and they must support the 5th Amendment absolute right to private property by allowing only owners to “claim and exercise dominion” by eliminating the minimum wage, rent control, affirmative action, quotas, forced busing, “Fair Housing” laws, “Non-Discrimination” laws, etc.
At that point, America will be constitutional and free, as the Founders designed, engineered and intended.
Of course, the A-hole could have simply called the police to report a strange car stopped in his driveway instead of chasing him down and murdering him for no valid reason, and then lying about the man having a gun.
In the mind of the insane, the victim inexplicably transforms into the perpetrator.
“Of course, the A-hole could have simply called the police”
What would have happened if he lived in Austin Texas where the police are no longer showing up?
For once I agree with you.
Natacha,
Who do you people think you’re going to call??? You’ve demonized the Cops in the Blue Crapholes, you’ve Defunded Them or Fired Them.
Sow the Wind & you’ll now Reap the Whirlwind!
I feel good lately seeing Lawmen, Pilots, Docs, Nurses, Tradesmen, most everyone, etc everywhere rejecting all that Commie Marxist Crap you & your leaders preach & are rejecting your Death Jabs & Clot Shots.
Enjoy the show this winter/early spring, looks interesting.
“Who do you people think you’re going to call??? You’ve demonized the Cops”
Okay, these people complain either way. They are destroyers, not builders.
With all Due Respect to Prof. Turley, there is an error of biased presumption in his argument/implication that Mistaken Self-defense may not be applicable to the current case – – –
In trying to distinguish this case from the one where a shooter mistakes an Officer for an emerging member of a retreating mob, Turley writes: “Of course, the difference is that, in Courvoisier, the victim was in fact armed and that was a violent confrontation occurring at the scene.”
However, in the current case, the shooter/home occupant is claiming that he too faced a violent confrontation, ie; in the middle of the night, from a seemingly retreating, yet gun-wielding & trespassing driver. Further, it does not seem that we have enough facts yet to dismiss that claimed perception as not reasonable or warranted, as Prof. Turley seems to have done in his quote referenced above.
Perhaps Prof Turley believes that because no gun was found with the driver, the Homeowner could thus not reasonably have perceived that one was being pointed at him (aka, we don’t believe the shooter really thought he saw the driver with a gun). This may be understandable, too, especially if one considers, as Turley notes: the car window was up. Hard to see any gun if its dark and window is closed.
However, I don’t see where we know yet whether or not that car window may have been retracted earlier in the confrontation, and eg, then put back up. Also, it doesn’t seem clear yet whether the driver could have brandished something else in the car; an object that that could reasonably have been perceived as a gun under the circumstances. And, especially if the window was closed: that is precisely a reason why someone outside the car, looking in, at night, might have been able to reasonably mistake something brandished inside the car for a gun ….under the circumstances. (Think, eg: driver frantically picks up iphone to call cops while also trying to shout through closed window at crazy -looking, armed homeowner..as driver also tries to reverse car out of driveway in the process!)
– – – Apparently unlike our amazing Prof. Turley then, I just don’t see how we know enough facts yet to conclude that the shooter in the current case didn’t reasonably believe that he, too, faced violent circumstances when he discharged his gun. And if that’s the case, then shooter/homeowner would seem to have a clear shot at falling precisly within the Mistaken Self-defense claim of Courvoisier. (Pun not intended…😳)
Good point, Darren.
Yep, that about sums it up.
Darren,
Oh course you’re correct, but we have not heard the full story & we’ve the benefit of hindsight.
Old rule of thumb is, if there’s trouble try to back away from it if possible. If home/biz, then Fence/Gate/Posted No Trespassing & make your property uninviting so maybe the doped up nut jobs drive on elsewhere.
At least with the fence/gate/posted it’s breaking & entering here. With a Biz it’s attempt to get them to move along.
Even with attempting to follow all the govt rules a person would still have all that Paper Work, Paper Work, etc… to do at 3:45 am & a corpse to get rid of of.
And still going on Biden/Dems/Rinos bring in 3 Million 3rd World Crapholers coming in out of a possible 7.5 Billion into the US, & the continued demonetization of all LEO in a move to Federalize/Globalization all Law Enforcement Agencies under a World Govt.,
Yet there’s a huge difference between a few good/bad shootings and then there’s on going Democide & complete collapse of the US.
IE:
October 25, 2021
Print This Post Print This Post
45-Year-Old FBI Special Agent Dies Less Than 24 Hours After Receiving The Pfizer COVID-19 Vaccine
Total Views : 5,763
by The COVID World
ARIZONA, UNITED STATES – A 45-year-old man died less than 24 hours after receiving the Pfizer COVID-19 vaccine.
Geoffrey Young, an FBI special agent, got the shot on April 17th. Within hours, Geoffrey had several symptoms including a headache and nausea.
His wife checked on him in bed many times because he was rustling around, but he seemed fine, and they thought the side effects were normal.
The next time she saw him several hours later, he was blue, and his arm stretched out hanging off the bed. He wasn’t breathing and he was eventually pronounced dead.
“My husband very much so believed in freedom,” his wife, Ona, said in an Instagram video.
“So much so that he went to work every day to support our freedoms, and to fight for our freedoms. He trusted science, he went and got his shot. He did before it was told that you have to go get this, he did. And he would giggle at me and tell me ‘Ona, you’re being silly, it’s okay. Don’t worry about it. Millions of people are getting them, and they’re fine. We’re gonna be okay.’
https://medicalkidnap.com/2021/10/25/45-year-old-fbi-special-agent-dies-less-than-24-hours-after-receiving-the-pfizer-covid-19-vaccine/
**********
FDA Panel Votes In Favor Of Pfizer Covid-19 Vaccine For Children Aged 5 – 11
Tyler Durden’s Photo
by Tyler Durden
Tuesday, Oct 26, 2021 – 04:28 PM
In a 17-0 vote, the US Food and Drug Administration (FDA) has recommended that the agency authorize the emergency use of Pfizer-BioNTech COVID-19 vaccine for children ages 5 through 11.
https://www.zerohedge.com/covid-19/fda-panel-votes-favor-pediatric-pfizer-covid-19-vaccine
*******
But it will depend on the jury if not before by a judge. A pursuit in alabama happened several years back….after an old lover. (Not a turn around driver like this). killer got stand your ground….from a judge…..even though he pursued and killed miles away. … With a tire iron! On some level the crime of ‘passion ‘ defense ‘ for a jury has crept into theses “immunity” calculations….by a judge. We the people just keep running on the hamster cage….lap one – whats the law? Lap two – whats the law? Lap 3 – whats the law? Etc. While pretending we live under the rule of law. rnatural law would say…..live and let live….until you feel threatened enough to eliminate the threat….because it’s your life to be defended. Even if you need to pursue with a tire iron.
OT
Instigator deployed by a Deep Deep State cutout to incite to riot and enter the Capitol Building.
https://pjmedia.com/news-and-politics/victoria-taft/2021/10/26/ugly-he-urged-jan-6-protesters-to-attack-the-capitol-but-is-this-instigator-really-a-fed-fed-fed-n1526858
How long did Lee Harvey Oswald live after completing his part in the conspiracy to assassinate JFK for the Deep Deep State?
George don’t confuse these people with agenda facts. AG Garland has apparently stated to the Senate, that FBI found no insurrection facts. But were the Feds a part of the antagonizing?
“January 6,” was a covert operation conducted as part of the ongoing Obama Coup D’etat in America which John “Dudley Do-Right” Durham has a legal, ethical and moral imperative to factually and comprehensively reveal.
To wit,
“We will stop him.”
– Peter Strzok to FBI paramour Lisa Page
___________________________________
“[Obama] wants to know everything we’re doing.”
– Lisa Page to FBI paramour Peter Strzok
___________________________________
“I want to believe the path you threw out for consideration in Andy’s office — that there’s no way he gets elected — but I’m afraid we can’t take that risk It’s like an insurance policy in the unlikely event you die before 40.”
– Peter Strzok to FBI parmour Lisa Page
________________________________
The Obama Coup D’etat in America is the most egregious abuse of power and the most prodigious crime in American political history.
The co-conspirators are:
Kevin Clinesmith, Bill Taylor, Eric Ciaramella, Rosenstein, Mueller/Team, Andrew Weissmann,
James Comey, Christopher Wray, McCabe, Strozk, Page, Laycock, Kadzic,
Sally Yates, James Baker, Bruce Ohr, Nellie Ohr, Priestap, Kortan, Campbell,
Sir Richard Dearlove, Christopher Steele, Simpson, Joseph Mifsud,
Alexander Downer, Stefan “The Walrus” Halper, Azra Turk, Kerry, Hillary,
Huma, Mills, Brennan, Gina Haspel, Clapper, Lerner, Farkas, Power, Lynch,
Rice, Jarrett, Holder, Brazile, Sessions (patsy), Nadler, Schiff, Pelosi, Obama,
Joe Biden, James E. Boasberg, Emmet Sullivan, Gen. Milley, George Soros, John McCain et al.
Lighthead, show us exactly what Garland said.
24 hours?