In the last Florida "stand your ground" fiasco i thought it was the sheriff who made the call whether to charge, not the da?
TheEyeGuy said:BuddysBud said:TheEyeGuy said:NRD09 said:
We're talking Texas, right? Last i checked we still have one of the strongest castle doctrines in the union. Moral issues aside, my understanding is that if someone is on your property and you feel threatened, you can kill them dead. And if someone is in possession of property that was stolen from you, on your property or not, you can kill them dead. And then there's some gray area about killing someone in possession of property that belongs to a relative or friend or whatever. I know that there's at least one poster here who has been through this and i believe their take on it is that the strain on your life is not worth it (i.e. just let them have the mower) , but legally i don't think there's any question in the scenario you presented.
Eta: this talk about what a jury would do...in the scenario presented this would be a no-bill, correct? That means no charge, no jury, yes?
Depends on the district attorney and what they are seeking. Most situations like this would not get to a jury trial, but let's say you're in a liberal metro area, the perp was of a certain group and you are another, there is a large outcry from the community for the death because "he was such a good boy" regardless of his very definitive sketchy past. You don't think something like that could go to a jury trial? And keep in mind, on these thought experiments, I tackle them from a worst case scenario perspective. Most likely, most people would see this for what it is and not let it fester, but with how our media and political machines work, I have little faith in either local group.
You should take into account that Houston and Harris County suffered greatly from the Beto effect and have crazy liberal DA's.
Oh trust me, I have had wonderful experiences with the DAs office. Apparently, burglarizing a gun store and committing about two dozen federal felonies is worthy of landing someone on probation
State crime for burglary of a business... ATF deferred to the state to let them handle the whole thing.BuddysBud said:TheEyeGuy said:BuddysBud said:TheEyeGuy said:NRD09 said:
We're talking Texas, right? Last i checked we still have one of the strongest castle doctrines in the union. Moral issues aside, my understanding is that if someone is on your property and you feel threatened, you can kill them dead. And if someone is in possession of property that was stolen from you, on your property or not, you can kill them dead. And then there's some gray area about killing someone in possession of property that belongs to a relative or friend or whatever. I know that there's at least one poster here who has been through this and i believe their take on it is that the strain on your life is not worth it (i.e. just let them have the mower) , but legally i don't think there's any question in the scenario you presented.
Eta: this talk about what a jury would do...in the scenario presented this would be a no-bill, correct? That means no charge, no jury, yes?
Depends on the district attorney and what they are seeking. Most situations like this would not get to a jury trial, but let's say you're in a liberal metro area, the perp was of a certain group and you are another, there is a large outcry from the community for the death because "he was such a good boy" regardless of his very definitive sketchy past. You don't think something like that could go to a jury trial? And keep in mind, on these thought experiments, I tackle them from a worst case scenario perspective. Most likely, most people would see this for what it is and not let it fester, but with how our media and political machines work, I have little faith in either local group.
You should take into account that Houston and Harris County suffered greatly from the Beto effect and have crazy liberal DA's.
Oh trust me, I have had wonderful experiences with the DAs office. Apparently, burglarizing a gun store and committing about two dozen federal felonies is worthy of landing someone on probation
Why would the local DA be involved with federal crimes? Shouldn't the guy be tried in federal court?
A camera you say? Like the CIA camera gun?texAZtea said:
OB bait lawn mower sting?
shoot with a camera instead of a winchester?
Quote:
Texas Penal Code 9.42. Deadly Force to Protect Property
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41 ; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
highvelocity said:
In today's cultural climate id shoot someone only if I was in fear for my life. Shooting someone for stealing a lawnmower will probably get your ass thrown in jail.
Rule of thumb if you do end up shooting someone - if they're fleeing don't shoot them in the back, court will side with person shot (fight or flight) rule. Make sure they're in your house - see reason above.
Don't shoot to wound, shoot to kill. Dead person can't sue you in civil court.
Thank you for coming to my ted talk
It's unreal right now. We have had someone hit our store (wireless retail) one day, we get him caught, and same perp hits us in the same week because they get out on a PR bond with a rap sheet of violent crime a mile long. Can't let the poor innocent multiple-felon sit in jail all weekend!TheEyeGuy said:BuddysBud said:TheEyeGuy said:NRD09 said:
We're talking Texas, right? Last i checked we still have one of the strongest castle doctrines in the union. Moral issues aside, my understanding is that if someone is on your property and you feel threatened, you can kill them dead. And if someone is in possession of property that was stolen from you, on your property or not, you can kill them dead. And then there's some gray area about killing someone in possession of property that belongs to a relative or friend or whatever. I know that there's at least one poster here who has been through this and i believe their take on it is that the strain on your life is not worth it (i.e. just let them have the mower) , but legally i don't think there's any question in the scenario you presented.
Eta: this talk about what a jury would do...in the scenario presented this would be a no-bill, correct? That means no charge, no jury, yes?
Depends on the district attorney and what they are seeking. Most situations like this would not get to a jury trial, but let's say you're in a liberal metro area, the perp was of a certain group and you are another, there is a large outcry from the community for the death because "he was such a good boy" regardless of his very definitive sketchy past. You don't think something like that could go to a jury trial? And keep in mind, on these thought experiments, I tackle them from a worst case scenario perspective. Most likely, most people would see this for what it is and not let it fester, but with how our media and political machines work, I have little faith in either local group.
You should take into account that Houston and Harris County suffered greatly from the Beto effect and have crazy liberal DA's.
Oh trust me, I have had wonderful experiences with the DAs office. Apparently, burglarizing a gun store and committing about two dozen federal felonies is worthy of landing someone on probation
phideaux_2003 said:dds08 said:
What I wanna know is, if I confront whoever it is in the act of robbing me, would I be justified in pulling my gun and demanding it back, yes or no.
Second, if they pull out a firearm, am I justified to shoot, yes or no.
This is a touch situation. A savvy lawyer would say you escalated the situation by producing the firearm first. Not saying he'd win, but it's be a tough battle.
Secondly, if you have a camera system to catch such a confrontation on film, that might help significantly. Who's to say you didn't just shoot the guy in cold blood? Video footage would help.
BuddysBud said:TheEyeGuy said:NRD09 said:
We're talking Texas, right? Last i checked we still have one of the strongest castle doctrines in the union. Moral issues aside, my understanding is that if someone is on your property and you feel threatened, you can kill them dead. And if someone is in possession of property that was stolen from you, on your property or not, you can kill them dead. And then there's some gray area about killing someone in possession of property that belongs to a relative or friend or whatever. I know that there's at least one poster here who has been through this and i believe their take on it is that the strain on your life is not worth it (i.e. just let them have the mower) , but legally i don't think there's any question in the scenario you presented.
Eta: this talk about what a jury would do...in the scenario presented this would be a no-bill, correct? That means no charge, no jury, yes?
Depends on the district attorney and what they are seeking. Most situations like this would not get to a jury trial, but let's say you're in a liberal metro area, the perp was of a certain group and you are another, there is a large outcry from the community for the death because "he was such a good boy" regardless of his very definitive sketchy past. You don't think something like that could go to a jury trial? And keep in mind, on these thought experiments, I tackle them from a worst case scenario perspective. Most likely, most people would see this for what it is and not let it fester, but with how our media and political machines work, I have little faith in either local group.
You should take into account that Houston and Harris County suffered greatly from the Beto effect and have crazy liberal DA's.
If he stops and leaves the mower, he'll be free to leave.Ag_of_08 said:
1. It was a theft, not a robbery. If the stole it from a building, it was a burglary. This is not just nitpicking terms, there is a significant difference in the severity of the crime
2. Remember, it is a defense to prosecution you where stopping a theft/burg/robbery. You still have to justify yourself to a judge, and likely a jury.
3. You just came on a message board to discuss the topic, and the possible ramifications. This can be construed as potential pre-meditation, which negates the defense to prosecution, and could help establish murder.
4. Why would you shoot someone over property? Ha e you ever taken a human life, or even been in the situation where you had to make that decision? If yes, I leave it to you to decide whether you can live with it. If no, I reccomend you think long and hard about what it means to do so.
Ag_of_08 said:
1. It was a theft, not a robbery. If the stole it from a building, it was a burglary. This is not just nitpicking terms, there is a significant difference in the severity of the crime
2. Remember, it is a defense to prosecution you where stopping a theft/burg/robbery. You still have to justify yourself to a judge, and likely a jury.
3. You just came on a message board to discuss the topic, and the possible ramifications. This can be construed as potential pre-meditation, which negates the defense to prosecution, and could help establish murder.
4. Why would you shoot someone over property? Ha e you ever taken a human life, or even been in the situation where you had to make that decision? If yes, I leave it to you to decide whether you can live with it. If no, I reccomend you think long and hard about what it means to do so.
Of course. Haven't you rolled out the red carpet to your home and plastered a big sign that says "Thieves welcome, I won't shoot you since I don't think property should be protected."?Alvarado Times said:dds08 said:
I posted this on the general board and was told to come here.
My father, brother and I had a situation last night where someone ran off with my father's lawnmower.
What are the consequences (both good and bad) for putting a bullet in someone in the act of a robbery on one's father's property?
It's happened too many times. I don't want to shoot some idiot teenager, but whoever this is has gotten too brazen.
paging hawg.
PS. I'm open to being told what I don't want to hear.
Edit: I'm in Houston
Reading OP's post, I see "its happened too many times"....... where do you draw the line on repetitive theft.... mower gets stole, you get another.... it gets stolen... you get another.... Lord knows everyone has read stories where police come out and take report and thats the last you ever hear....... whats the answer????? A person shouldnt be subjected to repeated thefts with no recourse!
Thanks to your Dad for his service. I know of no honest folks, like you and me, regardless of color, race, ethnicity, culture, that take to being stolen from, well. Thieves suck!dds08 said:
The posts so far have given me a lot of insight.
My father is a Vietnam vet Marine and we're black. Black people don't take anyone stealing from them well.
RealTalk said:
Schmellba99 might be abrasive but he sure is entertaining.
schmellba99 said:
And as long as the mentality of "its only XXXX property, i have insurance" or whatever pervades, theives will continue to be brazen. It is what it is, no changing that, and,not everything is worth the hastle for sure