TEXARKANA -- Dinner at a local restaurant in October 2021 became food for thought for Texarkana elder law attorney John Ross.
"My wife and I were having dinner at Zapata's when a man ran right past the table and into the back of the restaurant, then a second man ran past the table. Moments later, the second man came back into the dining room and asked if anyone had a gun," Ross said.
The second man was an off-duty police officer who was not carrying his sidearm. The officer used the gun of a restaurant patron to shoot the other man, who faces a range of charges stemming from an alleged armed break-in of a vehicle downtown.
The shooting was ruled justifiable, but it got Ross thinking about other types of liabilities.
Ross, one of the partners with Ross and Shoalmire Law Firm, is used to advising his clients on asset protection in the event of someone having to go to the nursing home. But the shooting at Zapata's stirred his mind on asset protection in the event after a shooting in self-defense.
"It got me thinking. What if I had had my gun that night? What if I had to shoot someone?"
"Asset protection can come in many forms. If you have to use your gun, you can be found not guilty in court and still be held liable in a civil suit," he said. "In a civil suit, you can rack up legal fees, and whether it's right or wrong, it's justified or not, you can count on going broke. That's where asset protection comes in," Ross said.
Ross and Texarkana criminal defense attorney Jason Horton recently held a free community law class for gun owners at Texarkana, Texas, City Hall. About 30 people attended. Legendary Firearms was also a sponsor.
"Gun owners routinely practice in case they ever have to use their gun, but usually have no idea what to do after they use it," Ross said.
The gun owners asked good questions, Ross said.
"Everyone seems to understand that using a firearm in self-defense is a serious issue and that even when it is completely justified, there will be negative consequences. So any firearms owners out there really need to not only know how to safely use their weapon but also the legal and financial consequences that will follow.
"The audience seemed particularly interested in the ways to protect assets from a lawsuit following a self-defense shooting by asking very good questions about asset protection trusts and how they work. All in all it was such a good program that we will likely repeat it in the future," Ross said.
Horton spoke on criminal charges and the differences in the charges of homicide, negligent homicide and manslaughter. He also spoke about the importance of speaking to an attorney in the aftermath of an incident involving firing a gun.
Ross discussed different types of asset protection, such as inside liabilities and outside liabilities, and creating trusts.
If you own property or a business or have money saved for retirement, you could be vulnerable," he said.
"This is why you need a plan to protect your assets so that if the worse case event happens, you know there will be personal resources available to you when the dust settles," he said.