Posted on 07/07/2010 7:42:39 AM PDT by MissTed
Admitted thieves are going free, while an elderly Wheat Ridge man is facing the possibility of spending the rest of his life behind bars, all, he says, for trying to defend his property and his life.
82-year-old Robert Wallace said in February that he looked out his window and saw two men hooking his flatbed trailer up to their pickup. He yelled at them to stop, but they sped away, stealing his trailer. He told police he fired two shots at the pickup.
Minutes later, police say 32-year-old Damacio Torres dropped 28-year-old Alvaro Cardona off at a hospital emergency room with a gunshot wound to the face.
Torres did not stay to talk with police, but they caught up with him later. According to court documents, he admitted he and Cardona stole the trailer.
Wallace did not want to talk on camera, but when we asked him if the two men threatened him he said, "They almost ran me over."
The Jefferson County DA's office said that neither Torres nor Cardona have been charged with anything at this point, even though Torres confessed to the crime. However, the homeowner, Wallace is facing twelve felony counts, including four counts of attempted first degree murder. If convicted, he could spend the rest of his life behind bars.
Sources say Torres and Cardona are believed to be in the country illegally and both have an arrest record. Cardona's record includes public fighting and numerous traffic offenses like driving without a license or insurance. Torres's record includes agricultural trespassing as well as a 2005 arrest for aggravated motor vehicle theft for which he was given a plea bargain to a lesser crime. Sources say Torres is also under investigation for being part of a major auto theft ring.
Wallace is out on bond and due back in court in September to enter his plea.
Neighbors say the thieves should be the ones facing charges and Wallace should be given an award for protecting the neighborhood.
Just doing the jobs Americans won't do. < / WSJ >
Selective enforcement. Attempting to run someone over is attempted murder. You can be charged with using a vehicle as a weapon.
This was self-defense and the prosecution is open Nifongism.
Got to keep the sheeple in line.
Waiting for the "Property isn't worth killing some one over" apologist in 5, 4, 3, 2.....
You spend your life to acquire your property. Someone stealing your property is stealing a portion of your life. Using deadly force against a thief is moral and should be legal as well.
Tag and release. Law enforcement wants revenue tickets, not lockups.
After they were released on the first charges, they should have been deported.
But don't you know cops believe illegals are exempt.
Let me guess. The Denver DA is a democrat. If this goes to a jury, the guy will be found not guilty. But putting him through this is ludicrous.
Ironically what this guy did is PERFECTLY legal in Texas.
Stealing the trailers Americans won’t steal. Enduring the facial gunshot wounds that Americans won’t endure.
SnakeDoc
So they have rap sheets going back at least five years and the law doesn't even care to know if they are in the country illegally?
Here are the Senators who voted against the Cornyn amendment , which would have established a permanent bar for gang members, terrorists, and other criminals looking to snag a shamnesty visa. Republicans underlined:
Never forget McCain not only pushed the amnesty bill, he refused to allow exclusions for the worst of the lot.
He might be a Democrat, but Chuck Rosenthal in Houston was a Republican who did just this sort of thing. He also ignored state law which permitted carrying a gun in your car saying he would let the defendent fight his charges all the way to the Texas Supreme Court.
So glad he's gone.
Peter, was the old racist that shot at the two men have a license to carry a firearm? He likely also was breaking the law for having a trailer parked on the right of way? It\'s illegal in Jeff Co and most jurisdictions to have a trailer parked on the street longer than so many hours... He\'s probably one of those typical traffic violators that robs right of way with their crap. An 80 yo does not need a trailer in the middle of a city.
Unbelievable!
The link: http://www.khow.com/pages/boyles.html
Yes the DA probably knows he will not get a conviction but wants to bankrupt the man with legal bills to teach him a lesson.
Our ruling overlords had better be careful with these abuses of power. The people are getting tired of being bullied.
Not ironic at all. Texas is a free state, at least for now.
As do FReepers! I'd just add that the surviving perp should be made to pay this man lots of money if in any way possible, and then be tossed off a boat in the southern tip of Meh Hee Kough!
What’s ironic about it? That’s one of the reasons I moved to Texas!
Paging Carl Drega...
I want to be on his jury!
A thief has no greater right to my property than I have to his life.
ML/NJ
The man isn’t guilty.
“I thought I saw they had guns. As they drove away they yelled that they would be coming back to kill me and my family and burn down my house.”
That is what you say, and you say absolutely nothing else except, “I want a lawyer.”
The only tags they deserve go on the toe.
It happened in the next county it did not happen in Denver County.
west of Denver : Jefferson County
Old saying "You may beat the rap, but you won't beat the ride". The old man will be bankrupted trying to defend himself.
There was talk of a defense fund being set up for him, I hope there is.
As in 'not enough energy to do anything about it'?
Wheat Ridge is is in Jefferson County. Jeffco was mostly Republican 10 years ago when I lived there, but I suspect it has moved far to the left, so you probably are right.
By the the way, ‘Agriculture Trespass ‘is an euphemism for “Illegal alien arrested for a felony in Denver County”. This was Bill Rutter’s contribution to the American justice system.
We have to vote these scum out of office everywhere in America if this country is going to have a chance to survive.
Sounds like a real Jackass. Where does he get the “old racist” BS? Just because the perps turned out to be illegals? How was the guy to know who was stealing his trailer? Left wing a**hats burn me up.
I cannot imagine the stress that this man is under. The D.A. should be ashamed of himself. I wonder if this case is being used as a public statement: fellow Americans, do NOT fight back. Be a willing victim or you will then be the victim of the criminal justice system. I am waiting for the next part of this story: ILLEGAL felons SUE 82 year old man for pain and suffering and is awarded his home, vehicles, and savings account. Sickening.
“
Wallace is out on bond and due back in court in September to enter his plea.
“
Poor old guy would have immunity to prosecution if he’d done one
of the following:
1. Live in Texas
2. Be a member of The New Black Panthers (voter intimidation case
from Philadelphia)
Oh and the state should also take away his trailer because it's been deemed he doesn't "need" it.
These District Attorneys who decide to cross the line and charge heroes with protecting themselves need to be targeted in elections and defeated. This DA has no right to charge this man with murder for protecting himself and his property. I don’t know who this DA is or when his next election comes but I hope and Pray the voters of that county remember that their DA took the side of thieves and tried to put a 82 year old victim behind bars.
Another question that should be asked of these District Attorneys who charge people with murder for protecting themselves is “When exactly can a law abiding citizen defend himself???”
These District Attorneys who decide to cross the line and charge heroes with protecting themselves need to be targeted in elections and defeated. This DA has no right to charge this man with murder for protecting himself and his property. I don’t know who this DA is or when his next election comes but I hope and Pray the voters of that county remember that their DA took the side of thieves and tried to put a 82 year old victim behind bars.
Another question that should be asked of these District Attorneys who charge people with murder for protecting themselves is “When exactly can a law abiding citizen defend himself???”
This District Attorney needs to lose his job!
And all District Attorneys who do the same should also lose thier jobs come every election.
Scott Storey
District Attorney
500 Jefferson County Parkway
Golden, CO 80401
303-271-6800
I wonder how quickly Mr. Storey would prosecute me (white, American citizen) if I admitted I stole a truck??? On the radio this morning he said that they (the illegal thieves) were still under “investigation”. (This happened in February). This just chaps my hide!
Amen to that!
I wish a Political Action Committee could be established to target scumbags like this D.A. in elections.
Another story on that DA:
http://www.thedenverchannel.com/news/24101916/detail.html
Tried to railroad and innocent woman into prison, refused to apologize, then blamed the whole thing on her.
We have another Mike Nifong!
I am trying to find out when this D.A.s next election is.
“Ironically what this guy did is PERFECTLY legal in Texas.”
Only if he can prove he was being driven at. Texas law says you can use force (physically confront) to prevent theft but you may only use deadly force if you have a reasonable fear of death or injury. While I think the facts of this case would make this man’s actions legal in Texas, I certainly wouldn’t want to try my luck in Travis or El Paso County.
He should demand a jury trial.
I doubt you could find 12 people that would find him guilty under the circumstances. It would end up a hung jury every time.
3. Simply tell the authorities that he heard the two clowns very clearly say "We're going to kill you".
Not true. You can use deadly force to protect your property. The flip side is you remain totally liable for shot placement no matter where the bullet lands. (aka you must fix someone wall for putting a missed bullet in it)
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.
I listened to Peter Boyles as well. This is what is going on all over the country and all these stories need to be exposed.
My best friend’s husband was on his way to work 4 years ago in his work van and was hit head on by an illegal driving a 3/4 ton pick up with constructin equipment in the truck bed. Her husband was critically injured and spent 5 months in the hospital. The illegal criminal spent a few days in the hospital with a broken ankle and back injuries.
Guess what, he promptly disapeared, no charges or tickets were issued because he was illegal and they couldn’t prove what construction company he was working for because the truck was not registered nor insured so Paul’s company insurance/worker’s comp had to pay all bills and us tax payers paid for the crimal’s hosptial stay/injuries.
Send them all back NOW!!!!
There are reports (not confirmed) that after the legal case is settled the illegal criminals are going to issue a law suit against Mr. Wallace for their injuries and plan on taking everything they have.
Only in America........
That's terrible about your friend, and I agree 100% about deporting them.
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