Burgler shot by owner of vehicle.....

[Chrs2fer23]

Police: Man burglarizing vehicle in Downtown El Paso shot by its owner - El Paso Times

 

[barstoolguru]

ft worth now el paso sounds like the pond scum is getting thined out one at a time. as word gets out less and less with think another mans vehicle is easy pickens

 

[M. Sage]

Wrong car...

 

[smtimelevi]

Good

 

[MILspec]

I love the fact the burglar was around 30 ish, but the owner who shot him was in his 50's lol Good Times

 

[txinvestigator]

This one could turn out bad for the shooter. While I hope it does not, Burglary of a Vehicle is not a justification for deadly force. Burglary is, and they are seperate offenses. The article DID say there was an argument, so perhaps it turned physical and the owner was defending himself.

 

[RiverCity.45]

ft worth now el paso sounds like the pond scum is getting thined out one at a time. as word gets out less and less with think another mans vehicle is easy pickens

As much as I wish it were true, I'm unconvinced that stories like these have deterred a single crime.

Sent from my A101IT using Tapatalk

 

[txinvestigator]

As much as I wish it were true, I'm unconvinced that stories like these have deterred a single crime.

Sent from my A101IT using Tapatalk

I have not read anything that proves you are wrong. In fact, compared to the potential cost a suffering a vehicle burglary, the real nightmare for the shooter begins now. Even if he is no-billed.

 

[London]

I can tell you as a former mischevious youth there were LOTS of things my friends and I didn't due for fear of getting our asses blown off. Then again, we weren't sociopathic parasites.

 

[txinvestigator]

I love the fact the burglar was around 30 ish, but the owner who shot him was in his 50's lol Good Times

Odd thing in which to find joy.

 

[Bithabus]

This one could turn out bad for the shooter. While I hope it does not, Burglary of a Vehicle is not a justification for deadly force. Burglary is, and they are seperate offenses. The article DID say there was an argument, so perhaps it turned physical and the owner was defending himself.

Indeed.

 

[BigHoss]

I vote for the gun carrying home owner / car owner...

 

[Bithabus]

I vote for the gun carrying home owner / car owner...

I'd like to see burglary of a motor vehicle added to the list of justifications.

 

[Chrs2fer23]

I believe the news said there was a confrontation after the man was caught breaking into the vehicle. There hasn't been much else on the news about this one...

 

[alexrex20]

This one could turn out bad for the shooter. While I hope it does not, Burglary of a Vehicle is not a justification for deadly force. Burglary is, and they are seperate offenses. The article DID say there was an argument, so perhaps it turned physical and the owner was defending himself.

Per the Texas Penal Code, "CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY"

The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:

(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment​

You are allowed to protect your person, family, and property with deadly force.


EDIT: Nevermind, the law protects only your "occupied vehicle." I guess it's all open to interpretation, and I don't see any Texas DA filing charges on the victim... atriot:

 

[MILspec]

Odd thing in which to find joy.

makes me think of the movie GRAN TURINO

 

[txinvestigator]

Per the Texas Penal Code, "CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY"



You are allowed to protect your person, family, and property with deadly force.


EDIT: Nevermind, the law protects only your "occupied vehicle." I guess it's all open to interpretation, and I don't see any Texas DA filing charges on the victim... atriot:

All of what you quoted is for protection of persons, not property. If he was not justified the Grand Jury could easily indict.

 

[London]

A neighbor made an interesting point on this subject- in "Cowboy" times horse thievery was a hanging offense. The rationale was that if you didn't have a horse you couldn't get to work and therefore couldn't support your family. Nowadays you steal a car and maybe get a year in county.

I hope if this goes to trial there is a jury member who sympathizes with justice.

 

[cleric]

What would the difference be between burglary and burglary of a vehicle?

This one could turn out bad for the shooter. While I hope it does not, Burglary of a Vehicle is not a justification for deadly force. Burglary is, and they are seperate offenses. The article DID say there was an argument, so perhaps it turned physical and the owner was defending himself.

 

[Bithabus]

What would the difference be between burglary and burglary of a vehicle?

Burglary is without consent entering a habitation or building with intent to commit theft, assault or felony. Burglary of a motor vehicle is the same but a motor vehicle is being entered.