Member Story: No Good Deed Goes Unpunished

No good deed, or in this case, “good warning shot” goes unpunished.

Imagine spending two years of your life fighting a charge for defusing a violent fistfight in your front yard. That’s exactly what happened to one LawShield member in 2016.

One evening in the Fall of 2016, a LawShield member went out for dinner with her husband and his brother. Like any family, differences of opinion can arise, and the member’s husband and his brother began an argument on the way home. When they arrived at their residence, the member went inside the home and began to get ready for bed.

The next thing she heard was a loud argument in her front yard. She looked out of her window and saw her husband and his brother locked in a bloody fistfight. She then ran outside and pleaded with the men to stop fighting. They wouldn’t listen.

The member ran back into her bedroom, retrieved her handgun, and walked out of the front door. She again shouted, “Stop fighting.” But they continued brawling. The member, fearing the fight would escalate further, pointed her firearm down to the ground and away from the direction of the men and her neighbors’ homes. She fired directly into the soft ground.

The men immediately stopped fighting. Understandably, a concerned neighbor called the police when he heard the gunshot. The police arrived, rushed their investigation, and instead of arresting either man, arrested the member for deadly conduct; recklessly engaging in conduct that placed another in imminent danger of serious bodily injury.

There was absolutely no direct, circumstantial, or forensic evidence showing that the member’s shot into the ground placed any person in imminent danger of suffering serious bodily injury. The evidence showed only that the bullet went into the ground, away from any buildings or people.

However, based on the responding officers’ assumptions and misunderstanding of the law, the member was arrested. The member’s nightmare was just beginning. Countless court settings and two years later, prosecutors finally dismissed her case because they couldn’t find any evidence to corroborate the alleged crime.

As you can see, the police and even prosecutors can sometimes misunderstand the facts and the law. Luckily, the member had an Independent Program Attorney armed with the knowledge to defend her and obtain dismissal of her criminal charge.

While this member was reasonable in her actions that night, and ultimately her case was dismissed, you should never fire a warning shot, unless you’re up for a long and hard fight for your freedom.

Comment section

20 comments on “Member Story: No Good Deed Goes Unpunished

  1. That sounds like something that would happen in McLennan County.

  2. This is a tough one. I understand you should never fire a warning shot in principal, but in this case, it makes sense. Didn’t want to kill the brother in law or accidentally shoot the husband.

  3. Why does COMMON SENSE evade the thought process of some police and prosecutors? That lady STOPPED THE FIGHT DIDN’T SHE?

  4. What if it would been out in the country, nobody would have herd the shot, then it would have been different.nowadays people call the cop’s when ever you pop a fire cracker in town ,some neighborhoods get really scared, I guess what she of done was call the cops on the husband, and brother in-law the cops would have calm them down.

  5. Great example! Very interested now!

  6. Actually I think she’s in the wrong really. I would never pull my pistol out for something like that. I might grab a board and knock them over the head. Or pull out the water hose and spray them. You should never fire a pistol for warning shot. My father taught me many many years ago that if you were going to pull out a pistol be ready to shoot it because it’s not to be played with or used as warning device. What if that bullet would have hit a rock and ricocheted somewhere right back into her own face? I don’t know I would use it strictly for self-defense in life or death situations or protection of property, etc.

  7. She should have gone in and called the police. The discharge of a weapon is for self-defense and her person was not in danger of injury. I understand where she came from and I’m sorry it happened to her

  8. That’s right never fire a warning shot unless you’re ready to do the time.

  9. Nothing a water hose turned on full blast in their faces couldn’t have handled. Sheesh.

  10. A bucket of water…

  11. Here’s a thought. Next time turn the hose on them. Never forget your firearms are deadly weapons of last resort.

  12. I actually commend the member for keeping her wits about her. She was aware enough during this ordeal to fire into the ground like she did. Glad TLS backed her and she was excused from any charges, although it took way too long in my opinion for the DA to realize it.

  13. Hose those nitwits down. A blast of cold water in the face might get their attention.

  14. Hose those two nitwits down. A blast of cold water might just get their attention.

  15. I guess she should have turned the water hose on these two fighting. Lol!

  16. In my little corner of the gun world, just the firing of a firearm in a residential zone is a crime, subject to an affirmative defense. There is no requirement that any person or thing be endangered.

  17. You have to be smarter than your family members, smarter than your neighbors, and smarter than the police. Call the cops; this is the kind of stuff the get paid to handle.

    Hose them down? Sorry, but that’s assault.

  18. Let them fight. They’re brothers; it’s expected. She had no right to take it upon herself to “stop the fight”.

  19. Play Stupid Game, Win Stupid Prizes

  20. In Florida, you can now fire a warning shot.

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