Cedar Hill Homeowner Shoots Driveway Burglar
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Re: Cedar Hill Homeowner Shoots Driveway Burglar
I agree... a well aimed shot from the Mosin-Nagant from the house would have been better.
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Re: Cedar Hill Homeowner Shoots Driveway Burglar
Cogent observation. Cedar Hill is near Dallas, and sunrise up there is now about 7:15 AM. If it was cloudy, it could still appear to be quite dark . . . but the time thing is borderline at best.srothstein wrote:I will point out that the crime occurred at 7:30 AM. This is not nighttime in most places I can think of in Texas.
If I were the DA, I would not pursue an indictment. If I were on a grand jury, I would vote to no-bill. If the homeowner were prosecuted or sued and I were on the jury, I'd hang the jury before voting to convict.
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Re: Cedar Hill Homeowner Shoots Driveway Burglar
srothstein wrote:NEVER EVER go fight with a stranger if you can avoid it. You can get killed or injured quite easily that way. One of the problems I have had in teaching young rookie officers is making sure they understand that in every fight, there is a good chance that someone is going to get hurt. Since there is always someone who is stronger, tougher, better trained, or just better motivated than you, there is just a good a chance of you being hurt as the bad guy. If you do not want to shoot him over property (and there is a lot of merit to that moral position), do not go out there at all. Call the police while he is in the act or the insurance company afterwards, but do not go out there with that attitude.
I agree with both Steve and The Annoyed Man on this point.The Annoyed Man wrote:I know it isn't always the popular position, but I think the homeowner made a significant tactical error...
...He exited his home to confront the thief without being aware of the possible tactical repercussions. What if the thief had an accomplice on overwatch? What if the thief had an accomplice who sneaked into the house after the homeowner came out, distracted by the guy at the car? There's a lot of "what ifs" that could have gone wrong. They didn't, but they could have.
Getting up close and personal with a criminal during the commission of a crime is extremely dangerous and full of unknowns and potential surprises. The chances are excellent that the bad guy has "what if'd" his options for this situation a lot more thoroughly than the average CHL holder, and is actively looking to take the advantage of initiative as soon as he sees an opportunity. He is also likely to have actual experience with his tactics.
The good guy will be forced to react in split seconds and at close quarters. This is a high risk situation even for police officers who do this kind of thing a few times a week. It's a lot more challenging for someone without advanced training and lots of experience. Going live for keeps the first time around this kind of situation is not a recipe for happy outcomes. Remember, there are no do overs, and you have to live with the results - good, bad, or really ugly.
If what's happening isn't worth putting your life on the line for (and I don't keep anything like that outside my home), it is foolhardy to do so.
Putting emotion aside, prudence dictates that a problem should be solved with the most upside and the least downside, which in situations like this consists of following Steve's advice to use law enforcement services (that you pay for) and, if necessary, insurance coverage (which you also pay for) to resolve the issue at the least risk and cost to you.
The legal bills are cheaper too.
Last edited by Excaliber on Tue Dec 09, 2008 10:38 am, edited 1 time in total.
Excaliber
"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." - Jeff Cooper
I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.
"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." - Jeff Cooper
I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.
Re: Cedar Hill Homeowner Shoots Driveway Burglar
I agree but...BTin wrote:I don't believe a car stereo is equal to a person's life... But I am not going to shoot an unarmed person like this. Just my humble opinion.
How do you know?
What is to stop them from coming back more and more...I think the message was sent loud and clear.
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Re: Cedar Hill Homeowner Shoots Driveway Burglar
Who is to say that home owner KNEW they guy was there to steal ONLY the radio? That was probably a fact that ONLY come to light after the shooting. He may have had all of the reason in the world to think the guy was stealing his car at the time of the shooting.
I also know that one other person on here knows the family of the guy that got shot. Would you be so kind as to shoot me a PM? I promise to keep your name to myself.
Thank you
I also know that one other person on here knows the family of the guy that got shot. Would you be so kind as to shoot me a PM? I promise to keep your name to myself.
Thank you
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Re: Cedar Hill Homeowner Shoots Driveway Burglar
Russell wrote:BTin wrote: I will let my nerd show here. Criminals need to learn the equation that in Texas:
if (Break into a car || Break into a house)
{
Your.Body = Full of lead;
}
... and this is the way it should be. Respect people's property and you won't get shot. I place burglars and robbers on the same level as murderers. I despise them. The only people lower than that is rapists.
I'll let my nerd show....you have a syntax error. should be:
Your.Body = Full_of_Lead;
I don't know how to place a value on human life. Is it worth a Stereo, House, Dog, etc. ? The law says "committing or fleeing after immediate commission of" right? You can let your own moral compass decide how best to handle this..Legally, it seems he ws justified. We'll all make our own decision if/when we have to I suppose.
Re: Cedar Hill Homeowner Shoots Driveway Burglar
Ok guys, seriously now, back on topic... ANY UPDATES ON THIS YET???
Re: Cedar Hill Homeowner Shoots Driveway Burglar
Couple of things;
1. Car/Truck alarm is going off, this guy is still there? I would tend to think he might be stealing my car.
2. How did he break into the truck? Crowbar/hammer to window/slimjim? Crowbar/hammer=weapon.
Once I make the decision to go thru the front door, I'd better be ready to shoot. If the guy comes toward me, I shoot. If he runs away, drops his tool I dont shoot and call 911. My front door and driveway are not real close to each other so the thief has plenty of retreat avenues to run and stay away from me.
1. Car/Truck alarm is going off, this guy is still there? I would tend to think he might be stealing my car.
2. How did he break into the truck? Crowbar/hammer to window/slimjim? Crowbar/hammer=weapon.
Once I make the decision to go thru the front door, I'd better be ready to shoot. If the guy comes toward me, I shoot. If he runs away, drops his tool I dont shoot and call 911. My front door and driveway are not real close to each other so the thief has plenty of retreat avenues to run and stay away from me.
Re: Cedar Hill Homeowner Shoots Driveway Burglar
When are the bad guys going to learn?
Re: Cedar Hill Homeowner Shoots Driveway Burglar
I worked a case that happened just like this Christmas Eve of 1988 in East Texas. Man hears a noise outside. Sees the guy stealing his stereo he runs outside and jumps on the Bad Guy and ends up being stabbed to death. Very Sad.Russell wrote:BTin wrote:I personally disagree. I don't believe a car stereo is equal to a person's life. I don't care if it is lawful or not. I would try to detain the guy, and may even fight with him. But I am not going to shoot an unarmed person like this. Just my humble opinion.
Detain and fight with him? So that he has a chance to pull his knife out and stab you while you are busy valuing his life?
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Re: Cedar Hill Homeowner Shoots Driveway Burglar
[rant]I read through the entire thread (syntax and all), but wanted to come back to this quote.BTin wrote:I personally disagree. I don't believe a car stereo is equal to a person's life.
Well, I have to personally take it from the BG's point of view. HE is the one who decided that HIS life is not worth your stereo. WE ALL know that crime, in Texas at least, can and may just very well lead to an untimely demise. If THAT PERSON has CHOSEN that lifestyle/career, then they have decided, all on their own, that your stereo is of greater value.
to which I am more than happy to prove their hypothesis.
someone also said that they didn't want to "take a life" over a material possession. I agree. I am not going to kill anyone. I am, however going to stop them, the very best I can, and if they die because of that, shucks.
I'm sorry for the guy's family. I'm more sorry for the HomeOwner, and his family. I bet he's double-guessing the bejeesus outta this situation, now.[/rant]
FWIW, IIRC, AFAIK, FTMP, IANAL. YMMV.
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Re: Cedar Hill Homeowner Shoots Driveway Burglar
You have decided that your car stereo isn't worth the BGs life, but unfortunately, you don't know if the BG thinks your life is worth the car stereo.BTin wrote:I personally disagree. I don't believe a car stereo is equal to a person's life. I don't care if it is lawful or not. I would try to detain the guy, and may even fight with him. But I am not going to shoot an unarmed person like this. Just my humble opinion.
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Re: Cedar Hill Homeowner Shoots Driveway Burglar
asahi1234 wrote:When are the bad guys going to learn?
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Re: Cedar Hill Homeowner Shoots Driveway Burglar
DoubleJ wrote:[rant]I read through the entire thread (syntax and all), but wanted to come back to this quote.BTin wrote:I personally disagree. I don't believe a car stereo is equal to a person's life.
Well, I have to personally take it from the BG's point of view. HE is the one who decided that HIS life is not worth your stereo. WE ALL know that crime, in Texas at least, can and may just very well lead to an untimely demise. If THAT PERSON has CHOSEN that lifestyle/career, then they have decided, all on their own, that your stereo is of greater value.
to which I am more than happy to prove their hypothesis.
someone also said that they didn't want to "take a life" over a material possession. I agree. I am not going to kill anyone. I am, however going to stop them, the very best I can, and if they die because of that, shucks.
I'm sorry for the guy's family. I'm more sorry for the HomeOwner, and his family. I bet he's double-guessing the bejeesus outta this situation, now.[/rant]
WELL SAID
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Re: Cedar Hill Homeowner Shoots Driveway Burglar
it happens from time to time.XtremeDuty.45 wrote:WELL SAID
I think WildBill has the other point that makes that line of thought complete. there's just no way to know where a criminal's "line" that they won't cross is.
FWIW, IIRC, AFAIK, FTMP, IANAL. YMMV.