Phil Ryan, a Texas Police Office and Texas Police Academy Instructor, on Facebook, put up a posting quoting the State Penal Code which apparently authorizes the use of deadly force in the case of Criminal Mischief directed at the property of a third party during nighttime.
In other words, in Texas, if some ANTiFA or BLM activist were to be found vandalizing or defacing a Confederate Monument after dark, apparently any law-abiding, gun-toting Texican could intervene: BANG!
As a police officer and police academy instructor, I am posting this as a public service announcement.
In Texas, Criminal Mischief (Vandalism) is a crime. So, letâ€™s say someone is defacing or destroying a monument or a statue, not that it happens, just a hypothetical. That would be Criminal Mischief under Texas Penal Code:
Sec. 28.03. CRIMINAL MISCHIEF.
(a) A person commits an offense if, without the effective consent of the owner:
(1) he intentionally or knowingly damages or destroys the tangible property of the owner;
(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or
(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.
Texas Penal Code Chapter 9, which are the laws concerning the use of force and deadly force to protect yourself, someone else, your property, or someone elseâ€™s property (could be state, county or municipal property (the peoples). In Chapter 9 under defense of property it says:
Sec. 9.43. PROTECTION OF THIRD PERSONâ€™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;
Chapter 9.41 states: PROTECTION OF ONEâ€™S OWN PROPERTY.
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the otherâ€™s trespass on the land or unlawful interference with the property (Criminal Mischief is unlawful interference with property).
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:
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the otherâ€™s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime (Night time is 30 minutes after sunset until 30 minutes before sunrise).
Bottom line, if someone is destroying a monument or statue that isnâ€™t theirs, you can defend it by force during the day with deadly force at night.
Just a little tip, from your Uncle Philâ€¦â€
Personally, I like it. But, as you can imagine the bed-wetters and pillow-biters are having a cow over this one and screaming for the officer to be fired. Example
There is plenty about last Tuesday’s post on Facebook, but (for some mysterious reason) Phil Ryan‘s controversial post seems to have disappeared.