Skip to main content

Texas Father Kills Molester During Attack; Is it Justified Defense?

According to The Huffington Post, a father from Lavaca County, Texas killed an acquaintance, whom the he caught attempting to sexually abuse the father's 4-year-old daughter.

At a gathering, just outside Shiner, Texas, the father was outside tending to horses, when he heard his 4-year-old daughter scream from inside the residence. When the father ran into the house, he found a 47-year-old man attempting to molest the man's daughter.

In order to protect his daughter and prevent her from being sexually assaulted, the father punched the man in the head several times, resulting in the man's death. According to Lavaca County Sheriff, Micah Harmon, the father was "very remorseful" and did not realize that the man would die from his injuries. Harmon described the 4-year-old girl as "OK, besides the obvious mental trauma" of the incident.

The father and daughter's names were withheld to protect the child's privacy.  The name of the deceased was not released pending notification of his family.

http://www.youtube.com/watch?v=fjsGnfLQAmU&feature=related

"You have a right to defend your daughter," Harmon told CNN.  "[The girl's father] acted in defense of his third person. Once the investigation is completed we will submit it to the district attorney who then submits it to the grand jury, who will decide if they will indict him."

While I'm unfamiliar with Texas laws, in California, where I am a police officer, a person has the right to use deadly force to prevent serious bodily injury or death to themselves or a third party (in this case, the father protecting his 4-year-old daughter). While the definition of "serious bodily injury" can be somewhat subjective, a 47-year-old man attempting to sexually assault a 4-year-old girl would surely meet that criterion.

However, according to the California Department of Justice's publication, "California Firearms Laws 2007", "The right of self-defense ceases when there is no further danger from an assailant. Thus, where a person attacked under circumstances initially justifying self-defense renders the attacker incapable of inflicting further injuries, the law of self-defense ceases and no further force may be used."

In other words, once the assailant no longer poses a threat, you are no longer warranted in using force against him. Let's assume that this incident occurred in California, and the father's first punch incapacitated the assailant. In such case, it would no longer be legally defensible for the father to continue to punch the assailant.

Fortunately, in this case, it seems as though the father prevented his 4-year-old daughter from sustaining serious and lasting injury. Of secondary importance is the fact that it does not appear as though the father will be charged.

What are your thoughts?

Recommended


photo of Richard Nance

Richard Nance

Richard Nance is the founder of Nance Training & Consulting. He is lifelong martial artist and retired police sergeant with 26 years of service. His assignments included patrol supervisor, firearms instructor, SWAT team leader, and defensive tactics program supervisor. In addition to providing firearms and combatives courses, Richard is the Gun Tech Editor of Guns&Ammo magazine and the Self-Defense Editor of Handguns Magazine. He co-hosts Handguns TV and hosts Guns&Ammo's new Personal Defense digital video series. Richard is also a regular contributor to Outdoor Sportsman Group's Special Interest Publications (SIP) division.

Full Bio +  |   See more articles from Richard Nance




Current Magazine Cover

Enjoy articles like this?

Subscribe to the magazine.

Get access to everything Guns & Ammo has to offer.
Subscribe to the Magazine

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Recommended Articles

Recent Videos

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Handguns

Building The Bespoke 1911: Jason Burton

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Rifles

Best Affordable Rimfire Lever Action?

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Personal Defense

AR-15 for Home Defense

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Personal Defense

Target Transitions

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Optics

Red Dot Sights

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Personal Defense

Room Clearing with a Light

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Personal Defense

Malfunctions

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Personal Defense

AR-15 Basics

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Personal Defense

Lighting Techniques

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Personal Defense

Appendix Draw

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Personal Defense

Follow Through

On or just behind the hip is one of the most comfortable and practical ways to carry a concealed handgun. But just havin...
Personal Defense

Drawing from Hip Carry

Guns and Ammo Magazine Covers Print and Tablet Versions

GET THE MAGAZINE Subscribe & Save

Digital Now Included!

SUBSCRIBE NOW

Give a Gift   |   Subscriber Services

PREVIEW THIS MONTH'S ISSUE

Buy Digital Single Issues

Magazine App Logo

Don't miss an issue.
Buy single digital issue for your phone or tablet.

Get the Guns & Ammo App apple store google play store

Other Magazines

See All Other Magazines

Special Interest Magazines

See All Special Interest Magazines

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Get the top Guns & Ammo stories delivered right to your inbox every week.

Phone Icon

Get Digital Access.

All Guns and Ammo subscribers now have digital access to their magazine content. This means you have the option to read your magazine on most popular phones and tablets.

To get started, click the link below to visit mymagnow.com and learn how to access your digital magazine.

Get Digital Access

Not a Subscriber?
Subscribe Now

Enjoying What You're Reading?

Get a Full Year
of Guns & Ammo
& Digital Access.

Offer only for new subscribers.

Subscribe Now

Never Miss a Thing.

Get the Newsletter

Get the top Guns & Ammo stories delivered right to your inbox every week.

By signing up, I acknowledge that my email address is valid, and have read and accept the Terms of Use