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I’ve heard about this case a few months ago. Because I no longer recall any particulars, I will present what I recall from the memory. The case itself is not important, as something similar could take place anywhere. It is presented here for illustration purposes only and to serve as a basis for a discussion on this particular topic.
A young farmer and a father of a 5 year old girl from Shiner in Texas, USA hired a farmhand to work around the farm. One day, somebody told the 23 year old father that they saw the farmhand – 47 year old Jesus Mora Flores pull his little daughter into the bushes and pointed him at where they saw it happen. Because the farmhand had no business meddling with farmer’s little girl, the farmer rushed to check what was going on and caught Jesus Mora Flores about to commit a sexual assault on his daughter. He caught the farmhand with his pants and underwear down at his ankles – something you don’t see very often as it’s rare to catch a sexual predator in the act.
Outraged by what he had seen, the father attacked the farmhand and bashed on him so bad, he killed him. It has been reported that after he’d realized that the guy was probably dead as a result of his beating, the father called 911 and tried to get the farmhand to the hospital where he was pronounced dead. According to the report I’ve listened to, despite it having taken place in Texas, the farmer did not have any firearm with him, he just unleashed a slew of punches and kicks so vicious, the guy died as a result.
Because the farmer caused death of a person, he was faced with murder charges, however at a hearing, the jury of the peers decided to dismiss the case. In other words, the father, despite having killed a person, was told to go home to look after his daughter because this case was over.
From what I gathered, the law of Texas allows for the use of lethal force in order to stop a sexual assault. While I’m not sure whether the same goes for other US states, I know for sure that this wouldn’t fly in Canada. Canadian law is traditionally far more complicated and very broad, with many aspects of it highly objective. Based on a number of recent cases, I could assume with utmost certainty that had this happened in Canada, the father would most definitely face criminal charges.
There have been several high profile cases in which the attacker was killed in self defence in Canada in recent years, and in each of these cases the defendant was charged with either manslaughter or 2nd degree murder. While the former is less severe and does not always sentence the person to time in jail, it’s still a serious criminal charge that can turn one’s life upside down. In a recent case (May 2012) from Toronto – though it doesn’t involve death – grocery store owner David Chen and two of his employees apprehended a thief and for that ended up getting charged with kidnapping, carrying a dangerous weapon (a boxcutter), assault, and forcible confinement.
In other words, Canadian criminal justice system is so special, that if you’re a victim of crime and stand up for yourself, you could face punishment matching or exceeding that of the attacker. According to Canadian law, if you must defend yourself against an attacker, you can only use equal or lesser force of that of the attacker. If you kill the attacker (use of lethal force, kind of like in the case from Texas as described above), you ain’t getting out of it without a charge.
What do you think of all this? Was the father in the right to kill the alleged would be rapist of his child? With the would be rapist dead, isn’t it too convenient for the father to claim attempted rape given that the victim is dead and can’t provide his version of the events, hence all we have to work with is the father’s account? What do you think of charges against the father being dismissed? Do you think the jury made the right decision by sending him away to return to living his life like he’d never killed anyone? If you were the juror in the case, what would your decision be?
By the way, as far as the jury of the peers is involved – they make decisions based on alleged facts they are provided by one or both sides. The problem I have with this is that they are given time to think it through to determine whether actions a person took were lawful or not. Whereas when you find yourself caught in a situation, such as one this father alleges to have found himself in, you don’t have time to think about your next move. In a situation like that you must act and you must act now. How can someone be given the power to judge your actions when they have the luxury of time to decide, when you were granted none?
For those of you who do not live in the USA (as well as for the Americans who do not live in Texas – I suppose) – how is it in your country? If you caught someone about to rape your daughter and beat them up so bad they died, would you be let go like they did in Texas or would you face criminal charges like it would most certainly happen in Canada? Likewise, does Texas law give people too much power to kill just about anyone and claim self defence, cause with the other party dead, nobody can prove otherwise?
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