Cypress Mill Park I Tire Thief Encounter

[V-Tach]

 

[candcallen]

@gll
This guy is not a victim of that crime. Or any crime till shot at. His window to return fire ended as soon as the car took off.

If it was his car.....
You wanna roll the dice and say shooting the guy stealing your spare tire was justified as it was at night and the only way to stop him go right ahead. I hate thieves but think that's a heavy lift. YMMV.

Burglary of an unoccupied vehicle is not the same as burglary of your occupied home. While you might find case law that blurred the bounds of that definition I would strongly suggest that shooting someone and hanging your justification defense on that case would be precarious at best.

Imho ofcourse.

 

[avvidclif]

"Pardon me, would you object to me taking a few pictures documenting you stealing that tire."

That's getting into the shallow end of the gene pool.

 

[gll]

@gll
This guy is not a victim of that crime. Or any crime till shot at. His window to return fire ended as soon as the car took off.

If it was his car.....
You wanna roll the dice and say shooting the guy stealing your spare tire was justified as it was at night and the only way to stop him go right ahead. I hate thieves but think that's a heavy lift. YMMV.

Burglary of an unoccupied vehicle is not the same as burglary of your occupied home. While you might find case law that blurred the bounds of that definition I would strongly suggest that shooting someone and hanging your justification defense on that case would be precarious at best.

Imho ofcourse.

I agree, this guy's window opened when he was shot at and closed when he moved to safety, and at no time during that short period did it have anything to do with burglary or theft.

I live rural and alone... by the time they enter my property to steal my tires, if I am present, I am in fear for my life... and I will hang my hat on that!

 

[candcallen]

I agree, this guy's window opened when he was shot at and closed when he moved to safety, and at no time during that short period did it have anything to do with burglary or theft.

I live rural and alone... by the time they enter my property to steal my tires, if I am present, I am in fear for my life... and I will hang my hat on that!

I dont disagree with your second paragraph. Situation is important.

 

[Dawico]

D,

Huh?

Do you sincerely believe all gun owners are obligated to act as amateur Law Enforcement?

Or, were you joking?

I think all citizens are regardless of their feelings on firearms. Should they be smart about it? Of course.

The reason we have so much crime? Because nobody stops it.

If these guys get arrested they'll be back on the street in 2 days. There's no deterrent in the justice system.

It's only going to get worse too as people refuse to get involved.

 

[rotor]

I think all citizens are regardless of their feelings on firearms. Should they be smart about it? Of course.

The reason we have so much crime? Because nobody stops it.

If these guys get arrested they'll be back on the street in 2 days. There's no deterrent in the justice system.

It's only going to get worse too as people refuse to get involved.

The reason we have so much crime is because nobody stops it? The reason we have so much crime is because we have so many criminals and your comment about no deterrent in the justice system is true. The Saudi legal system seems more equitable.

If we want to defund the police then we all may need to become vigilantes but I prefer a funded police department. I am just too old to be out there taking down the bad guys. In my mind it sounds plausible but physically it ain't going to happen.

Just like the John Deere man said, I carry to protect me and mine.

 

[TheDan]

I have to say good on the homeowner for attempting to protect his neighborhood.

yep!

 

[cygunner]

You could always shoot them and drop an old tv out by the bodies. Kind of a play on the "throw down" gun theme. Mr. Joe Horn of Pasadena killed two guys in front of a police witness for burglarizing his neighbor's house. Grand Jury did not indict. Bet it sure slowed things down over on the east side for a while. Both victims were IE so win win.

 

[txinvestigator]

Cant you shoot someone committing felony burglary at night on your property?

1. Stealing wheels is not Burglary
2. You can used deadly force to protect against theft during the nighttime if you reasonably believe it is immediately necessary AND you reasonably believe there is no other means to protect the property OR that using force less than deadly force would expose you to a substantial risk of serous bodily injury or death.

 

[txinvestigator]

Yes, you can unless the law has changed in the last few years.

No, you can't, and never has been legal in Texas.

 

[txinvestigator]

I agree, this guy's window opened when he was shot at and closed when he moved to safety, and at no time during that short period did it have anything to do with burglary or theft.

I live rural and alone... by the time they enter my property to steal my tires, if I am present, I am in fear for my life... and I will hang my hat on that!

Despite what you hear on the news, being "in fear of your life" is never a justification for the use of deadly force. The penal code has specific language and set of facts necessary to justify deadly force.

 

[txinvestigator]

You could always shoot them and drop an old tv out by the bodies. Kind of a play on the "throw down" gun theme. Mr. Joe Horn of Pasadena killed two guys in front of a police witness for burglarizing his neighbor's house. Grand Jury did not indict. Bet it sure slowed things down over on the east side for a while. Both victims were IE so win win.

Had Joe Horn tampered with physical evidence and committed perjury he would be living at TDC right now. For fucks sake.

 

[RoadRunner]

No, you can't, and never has been legal in Texas.

Yes, you can shoot someone committing felony burglary at night on your property unless the law has recently changed.

 

[rotor]

Here we go for another long 2 way argument.

 

[candcallen]

Some folks are cherry picking other folks statements. Taking them out of context of the statement as a whole and the thread in its entirety.

Pull your heads out and read things in context and they clear up pretty quick. Or continue down the road to the inevitable lock.

Your choice.

 

[gll]

Wouldn't it be nice if the law was knowable and understandable to regular people?

 

[avvidclif]

Yes, you can shoot someone committing felony burglary at night on your property unless the law has recently changed.

What is felony burglary???? New term. Must be from some other planet.

 

[RoadRunner]

What is felony burglary???? New term. Must be from some other planet.

It is really not worth explaining why I used that term. But if you really need to know go back and read this entire thread and it should be clear.

 

[cycleguy2300]

What is felony burglary???? New term. Must be from some other planet.

Burg of a vehicle:
Class A misdemeanor
SJFwith 2x prior convictions it is a or is a rail car
F3 is a wholesale carrier of prescription drugs or intends to take controlled substance.

Burg of buulding:
SJF if not a habitation
3F if commercial building in which controlled substance generally stored
2F if habitation
1F if habitation and any actor entered w/intent to commit or did commit other felony except felony theft.


And there you have misdemeanor and felony burglary. Courtesy Texas Penal Code 30.02; 30.03; 30.04

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