How valid is Castle Law ??!!

[Friscopaul]

I am presently awaiting trial for assault with a deadly weapon and have a court appointed attorney.
My case involves me firing a warning shot to the right side of my front door where [I thought] my son was standing after several loud knocks, as he had just text me a threatening message that he was coming to my home .This had followed several days of confrontation and after I had caught him stealing $500 from me and attempted to steal 2 automobiles as well [which I thwarted] He was facing a possible life term in prison in Oklahoma for habitual offender and was attempting to use the car and/or whatever else he could get from me to run to Canada to avoid incarceration. I have several witnesses and have since gotten sworn affidavits from them and was just trying to scare him off. The bullet denigrated when it struck the [inner] outside layer of brick and never penetrated or exited my home 18 inches from the furthermost outer left side at a height of 6 ft. I knew that he was in no danger and had purposely aimed far enough away that even if the bullet exited my home that it would not strike him ...[unless he was standing far to the left and in my flower bed] Also, I had special load exploding shells that are quite lethal when striking flesh, but have no significant penetrating attributes to a hard surface, so I did know that they would not penetrate the brick anyway.
Unfortunately it was 11:25 PM on a rainy Sunday night and I had no porch light on, so as I approached the front door I stopped about 6 ft away and fired, and could not actually see him......I say unfortunately because the person that had banged on my door was actually a Frisco Texas Cop ..that was responding to a fabricated 911 call by my son.
Frisco PD did not call to notify me they were coming in any way nor did they announce themselves after knocking[he, only 1 ..though State procedure says that 2 police officers must be present] announce their presence at my door before knocking, it was 11:30 on a rainy Sunday evening and I had no porch light on so I never knew it was a Cop until I was arrested 4 hours later in what was called a stand-off that never happened! Had the dispatch or anyone ever told me during the 4 hour period that it took them to assemble the 4th Calvary around my home, complete with H-1 SWAT machines Helicopters and Snipers on roof top...I assure you I would have came out immediately. The dispatch operator did call me shortly afterwards but never said a word about the person that had been at my door was a cop, all she said was that there were police officers outside that wanted to talk to me ...and check on me. I thought my son had called them and told them that I had shot at him and figured that I was within my rights [Castle Law] and that it was really just his word so they had no real probable cause to insist I come out, so I told the dispatch operator I had no intentions to coming out and that I was tired and was going to bed !! She still never mentioned anything about it being a cop and I went to bed confident that they would just leave.
But instead they got themselves all worked up thinking someone had shot at one of their own and 4 hours later there were 37 Frisco cops and numerous other law enforcement agencies surrounding my home in a scene that would be best described as what it would look like if law enforcement found out you had Osama Bin Ladin in my guest room. [I just received the audio and video [though still not all] from that night ...now nearly a year since it happened and 4 attempts by Collin County/Frisco to suppress them and now know that they had actually intended on killing me !! The tapes are also totally different than the written reports...not just twisted, but intentional false statements...such as their claim that I somehow knew it was a cop...as the cop himself is clearly heard telling his fellow officer only moments after the shot that he did not think I could have seen him !!]
There is much more , but I feel you can get the jest of it. I can not afford a criminal attorney [because when the cops couldn't find the gun they called my son to come to my home and he showed them. He stole me blind walking right past a cop parked in front of my house carrying everything out. I have an affidavit from my neighbor who witnessed the whole event....and get this he had several outstanding warrants in Oklahoma at the time that any NCIC report would have revealed...they should have arrested him..but they wanted the gun, because by then they could tell that the shot was a deliberate clear miss and were grabbing at straws..He took all my credit cards maxed them out, drained all my cash from my bank accounts ...and was eventually arrested just a few hours later attempting to buy a car using my identity....all before I was even bonded out the next day!! Proving my fears were totally justifiable that night !!!]
Several friends have said after hearing and viewing the tapes that Frisco PD clearly violated my civil rights in numerous occasions that night, starting with the knock and announce [the 911 call my son made that instituted the welfare check he tells them that I am armed and volatile !].
The slanderous news reports that followed were totally off, and I am certain I can not even come close to explaining everything here. I can say that considering I was offered an "off the record" ..."illegally discharging a firearm within the city limits" and a $100 fine plea bargain and refused it before my case went before the Grand Jury after a 2 month back and forth ...I won't take anything but a total dismissal of all charges..[my attorney told me any guilty plea I excepted would be a rather significant hurdle in any civil rights violation case, which was my motivation to refuse...not so sure he was right now, though]... I was indicted, but I am still positive that no jury will convict me, if they ever hear my case. I don't think the DA has a leg to stand on !
My research has brought up "castle law" and "color of law" violations not to mention the "professional negotiator" telling me repeatedly that I would "most likely lose my life in the process" 3-4 times that night after the tear gas machine came crashing through my plate glass window.... if I did not come out right away...4 hours and totally unaware..later !
But now my case has been continued for the 4th time the prosecution and my court appointed attorney [a "recent" previous DA himself] and the "pending felony arrest" is totally ruining my life as I am running into a block was attempting to get a job or start a new business and I can not find one damn attorney that will take my case. The identity theft along with the last $5k I had went to the first attorney put me in Bankruptcy!!
I can't afford for this thing to go on and I think my court appointed attorney is just going along with the DA"s stall tactics because they know of my financial situation !
HELP HELP HELP...I NEED A STRATEGY TO MAKE THE DA WANT TO LET ME GO..AND LEAVE THIS BETWEEN ME AND THE FRISCO PD, AS I THINK HE IS JUST RUNNING INTERFERENCE FOR THEM [I THINK 60 DAYS TO TAKE IT TO GRAND JURY IS PROOF ENOUGH] ..HIS DOG IS NOT IN THIS HUNT AND HE IS IN THE WAY...IN MORE WAYS THAN ONE !!

[WaTcHeR]

I'd say make a deal with the DA. I mean you did shoot at someone that wasn't really a threat to you? Not all states have a "castle law." I don't know what state you live in, you need to research that yourself. If he had kicked in the front door or was in my house, then yes I probably would have shot him.

This site isn't really about giving legal advice, but I do wish you the best and good luck.

Two rules I go by:

You pull a gun, expect to take someone life right then. Second if you shoot someone, shoot them until you're sure they're dead. Dead people don't testify in criminal or civil trials against you.

[Friscopaul]

Ok, lets start over because you just said what I have been told many times...BUT YOU DID NOT GET THE FACTS RIGHT !!

I did not shoot at any one!!! I fired a warning shot that clearly was outside of any area of harm...regardless of who was at the door !!

And Castle Law is alive and well in Texas...a man in Houston was just found not guilty for firing THROUGH HIS DOOR AND KILLING TWO MEN THAT WERE JUST DRUNK AND LOST, FROM AUSTRALIA !!!

And as I said my son was found guilty for doing exactly what I had been led to believe he would do !!

Also it was my son that led them to the gun after they tore my house apart and couldn't find it...........and the cops statement is pure police perjury.....they just didn't think he would tell anyone...because they had no frickin idea who he was and what he was about.....until it was too late !!! His statement and testimony will make the cops out for the liars they were!!

SO WHAT'S UP WITH THE "YOU DID SHOOT AT SOMEONE CRAP!" EVEN THEY NO BETTER THAN THAT !!

[WaTcHeR]

Ok, lets start over because you just said what I have been told many times...BUT YOU DID NOT GET THE FACTS RIGHT !!

I did not shoot at any one!!! I fired a warning shot that clearly was outside of any area of harm...regardless of who was at the door !!

I am presently awaiting trial for assault with a deadly weapon and have a court appointed attorney.
My case involves me firing a warning shot to the right side of my front door where [I thought] my son was standing after several loud knocks

You say tomato and I say....

I'm just guessing that your state doesn't have a law that allows you to fire warning shots at family members? That's why I assumed that's why you were charged with assault with a deadly weapon?

And Castle Law is alive and well in Texas...a man in Houston was just found not guilty for firing THROUGH HIS DOOR AND KILLING TWO MEN THAT WERE JUST DRUNK AND LOST, FROM AUSTRALIA !!!

Do you live in Texas?

[Friscopaul]

Yes I live in Texas...and i don't get the significance of "not having a law allowing you to make warning shots at family members"..unless of course you were trying to be cute, in which case I would suggest a new mask first, to improve your sex appeal ! lol
My point is that #1 the cop did not follow department procedure in any way, which would have alerted me [knock & announce, 2 officers, appear in badge and uniform, call etc etc] at arounf midnight on a Sunday....to his being anyone other than my son whom I was very justified defending myself from [considering his extensive record and his threats just minutes earlier] therefore NOT give cause or justification for "shooting at ANYONE" It is a my understanding that Castle Law...does not discriminate against family members, race, color, or religion .......SHEESH !
And sorry but regardless I would not shoot my son PERIOD ! So the warning shot I feel reflects that I still recognize he is my son....had it been someone else in the same situation and I had shot and killed them.... I do not believe that I would have been indicted after an investigation !!!
THE ONLY REASON I WAS ....IS BECAUSE THE COPS SCREWED UP AND THEY DIDN'T REALIZE THAT THEY HAD GOTTEN THEMSELVES ALL WORKED UP ...UNJUSTIFIABLY....BUT THEY HAD NO WAY IN UNRAVELING ....AND CERTAINLY NOT JUSTIFYING THEIR ACTIONS IN THE FIRST PLACE.......BUT THEY DIDN'T KNOW THAT UNTIL AFTERWARDS !!
SO HENCE ALL KINDS OF PERJURED STATEMENTS AND/OR MISLEADING FALSIFIED REPORTS ....THAT ONLY CAME TO LIGHT AFTER NEAR A YEAR HAD PAST IN A LONG DISCOVERIES PROCESS AND THE TEXAS ATTORNEY GENERAL FINALLY TOLD THEM TO CEASE AND DESIST WITH THEIR [4] ATTEMPTS TO BLOCK THE RELEASE OF THE 911 AND/OR SURVEILLANCE TAPES AND VIDEOS.
I FELT THE FORUM WOULD RELATE TO JUST HOW FAR COPS WILL GO IN A CYA CAMPAIGN WHEN THEY HAVE BEEN EXPOSED IN ONE OF THEIR EXECUTION BY COP..FOR SHOOTING AT A COP....ESCAPADES...AND THAT I COULD GET SOME ADVISE ON HOW TO TURN UP THE HEAT...NOT LEGAL..I AM NOT WORRIED ABOUT A CONVICTION I AM JUST TIRED OF THE REPERCUSSIONS THAT THE DAMN FOR EVER IMPENDING CHARGE HAS HAD ON MY LIFE !!! I CAN'T EVEN GET A FRICKIN JOB !!