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Robbed [from general]

10,958 Views | 81 Replies | Last: 4 yr ago by 91AggieLawyer
Charismatic Megafauna
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In the last Florida "stand your ground" fiasco i thought it was the sheriff who made the call whether to charge, not the da?
RCR06
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I watch the show "the first 48" fairly regularly. I find it interesting to follow actual detectives to see how murders are solved in real life. Their was an episode where a guy saw someone in his truck parked in his apartment parking lot. He runs down from his apartment and chases the guy who has stolen his stereo out of the truck. When he catches up to the thief, the thief swings a bag with the radio at the truck owner and the truck owner stabs the thief once. Guy falls down and he takes his stereo back. A judge ruled that this was within the law. Read the full story at the link below. I remember thinking this guy killed someone over a stolen stereo....seems a little over the top. Case is dismissed. Couple days later I'm watching another episode(a year later in real life) and the guy that got his stereo stolen and stabbed the thief was killed by a stray shot from a gang shootout. This all occurred in Florida.

https://www.cbsnews.com/news/greyston-garcia-who-won-fla-stand-your-ground-case-killed-in-suspected-gang-crossfire/
CactusThomas
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Have you considered just trying to kidnap him for awhile instead?
SMM48
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Op. Repeated thefts?

Are you locking your stuff up?
rootube
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Sorry to hear you have an issue with theft

My advice in order

Find a way to secure your belongings
Move out of Houston or at least to a new neighborhood
Don't shoot anyone
BuddysBud
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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?
TheEyeGuy
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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?
State crime for burglary of a business... ATF deferred to the state to let them handle the whole thing.
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Artimus Gordon
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Chain the lawn mower to a fence post. Mower frame to post with a Big chain. It's a shame you got to do that!
Ag_of_08
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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.
Astroag
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You should delete this post immediately...
_______________________________________________________


If ya ain't cheatin, you ain't tryin!!!
ENG
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I'm thinking your potential situation took a turn for the worse by preemptively posting this on texags
Tagguy
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texAZtea said:

OB bait lawn mower sting?

shoot with a camera instead of a winchester?
A camera you say? Like the CIA camera gun?





ironmanag
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I would never shoot somone over stuff. Anything outside I am going to let go.

However, anyone enters my house without my permission I don't know their motives. I have to assume my family is in danger. In that case they will get shot.
According to the Biden White House, what Joe Biden says does not represent the official position of the Biden administration.
Josepi
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Morally, to shoot/not shoot is up to you, and a I agree with many who have already posted. However, under Texas law, if your property is being stolen at night, you have the right to use deadly force. Here is the code:

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.


Here is a case example:
https://www.nydailynews.com/news/crime/jilted-john-acquitted-texas-prostitute-death-article-1.1365975
[url=https://www.nydailynews.com/news/crime/jilted-john-acquitted-texas-prostitute-death-article-1.1365975][/url]

It's seems a little crazy to me that you could legally shoot a prostitute who is fleeing in a car, but that is the case.
UTExan
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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


One caveat: shoot to stop. That is the acceptable term these days. And in Dallas and Houston tell the investigators that under existing light conditions the perpetrator appeared to be a white supremacist.
Comeby!
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So much for my idea....

https://www.theboxotruth.com/the-box-o-truth-33-rock-salt-in-a-shotgun/
texAZtea
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as long as I have plausible deniability, you can use whatever camera you want.
Prexys Moon
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if you are white and the perp you shoot happens to be a young minority, forget it.


let them have the damn mower.
MrWonderful
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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
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!
schmellba99
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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.


It is not a touchy situation. Way too many internet lawyers that hear some facebook story and take it as gospel.

At 12:44 in the morning/night if somebody trespasses on your,property and is in the act of theft - the value does not matter - you have every single right as the property owner to confront them, and confront them armed.

If the criminal (ie: not the homeowner who is being violated) produces a weapon of any sort you are 100% justified in defending your property and your life. There is zero duty to retreat in Texas and even less duty on your property and even less if you are threatened with bodily harm.

I swear some of you take the Air Force approach to everything, makes me wonder why you even bother to carry if there is pretty much no situation ever in your mind that is a justified shoot.

If you dont want to confront over a lawn mower, I can understand that - your choice. Just remember your choice is exactly that and dont be surprised when your choice means you buy a lot of lawnmowers over time because there is obviously no,reprocussions for stealing from you.
schmellba99
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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.


Even crazy liberal DAs are bound by the law. Which is pretty cut and dried with a sht ton of precedent in tbis area.
dds08
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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.
If he stops and leaves the mower, he'll be free to leave.

If he's too stubborn to leave the mower, that would be different. I'm not sure what I'd do.

The situation I described is hypothetical. I'm out to defend myself and my father's property, not murder someone. My father and brother were home too so whatever decision that would have been made would have been one all three of us would have agreed to. my father would have decided for us.

We drove around the neighborhood looking for this person.


Doing nothing just seems like the most spineless move ever. It's not even trying.


Sigh! But I asked to be told what I don't want to hear; to be given straight answers and that's what I've been given and I'm certainly thankful.

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.
Ag_of_08
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I have squared off, drawn down, on someone during an attempted armed robbery. I had him clean, he had not cleared his holster( it was stuffed in his pants actually but whatever), but had made it clear he intended to shoot me. He decided discretion would be best with a 20 ga leveled at his head. Safety off, cocked and loaded.... changed my view on a lot of this. It seems like such an easy concept in that moment, and I do know I would have shot him, but i decided then and there that unless I was being threatened, it was not worth another soul, be it lost, damned, or otherwise, dying over things.
schmellba99
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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.


Jesus F'n Christ - no. Just, no.

Quit posting now, because you are the epitome of facebook memes and the #1 reason stupid "facts" continue to perpetuate.
schmellba99
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Hint: dont listen to Ag_of_08, that is the best advice you will get on this thread
bodaciousbood14
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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!
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."?
ironmanag
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I love the internet rambo's on this thread that act like taking a human life is easy for a normal person.
According to the Biden White House, what Joe Biden says does not represent the official position of the Biden administration.
texAZtea
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I'm still behind an OB lawnmower sting.
Unemployed
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Schmellba99 might be abrasive but he sure is entertaining.
Aggieangler93
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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.

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!

I think treatment of thieves is one of the only things they have right in the Middle East. That guy would only steal your lawn mower twice!
Class of '93 - proud Dad of a '22 grad and a '26 student!
BenderRodriguez
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I'd like to take this from a different angle besides legal/moral.

What is your highest priority in life?

Like most of us, I'd assume that it is to provide for your family, keep them safe, and live a long and happy life.

I get the sentiment of "**** thieves". I do. If I was on a jury for someone shooting a thief, I wouldn't be sending them to jail. And in Texas, you tend to have more leeway dealing with criminals on your property than you would in many other states.

That being said.

Is shooting a lawnmower thief who isn't actively threatening your life worth the potential legal hassles? What about the psychological aftermath? The social stigma and difficulties getting a job when the first google result for your name from now on is "home owner shoots teenager in back over lawnmower?" And I don't give a crap how righteous the shoot is, even if the guy is a 19 year old gang member with a felony rap sheet a mile long, the headline is still going to be about you ending some poor innocent teens life over a lawnmower just as he was about to go back to college, become a doctor and cure cancer. You know how our media works. Speaking of gangs, if the guy has gang connections or family with gang connections are you ready to have to sell your house and move because of the potential risk of payback? Are you ready to spend time in jail if you get the worst combo ever of DA/jury who decide to make an example out of a "gun nut looking to shoot someone?".

I know that's all super worst case, way out there stuff. But you should be considering the absolute worst case scenario, not how angry you are about losing stuff to thieves or how well deserved a bullet may be....if your priority is your family, your health, your life. Which I assume it is.

You're doing the right thing by putting some thought into what to do during a potential deadly force encounter now instead of when it happens. I took a force on force class recently where a fellow student drew his gun and chased a convenience store robbery suspect out into the street after he fled. When he was asked why that was his decided course of action, he blinked and said "I don't know". The instructor (who has been in a self defense shooting and is very, very intimately familiar with the legal aftermath of even a righteous shoot) told him "I don't know isn't going to sound very good in front of a judge or DA, is it?" You could see the light bulb blink on.

Decide on what your priorities in life are. Orient your actions towards keeping those priorities moving in a positive direction. For me personally, a lawnmower outside my home isn't worth the risk. YMMV.
schmellba99
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RealTalk said:

Schmellba99 might be abrasive but he sure is entertaining.


Posts that stupid deserve nothing short of abrasive.
schmellba99
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It comes down to a lot of things, each person having to make that decision for themselves.

But make no mistake about this: the homeowner is not putting a value on the life of the theif. The theif has made that decision for them. We need to make a better push at that distinction, because it is a huge one in my opinion. Huge.

The only part of the value equation I have a say in is what the bullet cost is. Outside of that, it is 100% the choice of the theif as to how much their life is worth.

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.

To me, it is about much mote than the value of the property though, and that is something I put an immesurable value on and will go to great lengths to protect. Not everybody feels that way, their choice without a doubt.
BenderRodriguez
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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


There is no punishment ever devised by man in all of human history in any corner of the globe that has stopped people from stealing from others.

Homeowners collectively all deciding to charge outside and engage and take care of lawnmower thieves, car burglars etc isn't likely to be the fix we've been missing for all of history.

It could very significantly change you and your families personal history, though.

Do what you want.

ETA: your side of the value equation is much, much more than "the cost of the ammo".
Marauder Blue 6
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Well said. I wonder what Joe Horn would say today about sticking his nose into a situation where it didn't belong, all over a few thousand dollars of his neighbor's cash.
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