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Thieves could go free while victim faces jail time
KDVR-Denver ^ | 7/7/10 | Julie Hayden

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.


TOPICS: Local News
KEYWORDS: aliens; alvarocardona; bang; banglist; co; colorado; comingtoyourtown; crimaliens; cultureofcorruption; damaciotorres; donutwatch; illegalimmigration; mexcrement; nifongism; nojustice; robertwallace; travestyofjustice
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If a defense fund is set up for Mr. Wallace I'd like to contribute.
1 posted on 07/07/2010 7:42:41 AM PDT by MissTed
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To: MissTed
"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."

Just doing the jobs Americans won't do. < / WSJ >

2 posted on 07/07/2010 7:45:16 AM PDT by Uncle Miltie (Arizona: Just doing the job 0bamacrats won't do!)
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To: MissTed
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

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.

3 posted on 07/07/2010 7:46:40 AM PDT by a fool in paradise (I wish our president loved the US military as much as he loves Paul McCartney.)
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To: MissTed
In so many states, too many, the laws are slanted to the criminal. To say you don't have the right to protect your property is unconstitutional, IMO.

Waiting for the "Property isn't worth killing some one over" apologist in 5, 4, 3, 2.....

4 posted on 07/07/2010 7:47:20 AM PDT by calex59
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To: MissTed

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.


5 posted on 07/07/2010 7:47:47 AM PDT by RightOnTheBorder
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To: Uncle Miltie
"Sources say Torres and Cardona are believed to be in the country illegally and both have an arrest record

Tag and release. Law enforcement wants revenue tickets, not lockups.

After they were released on the first charges, they should have been deported.

6 posted on 07/07/2010 7:48:11 AM PDT by a fool in paradise (I wish our president loved the US military as much as he loves Paul McCartney.)
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To: a fool in paradise
Selective enforcement. Attempting to run someone over is attempted murder. You can be charged with using a vehicle as a weapon.

But don't you know cops believe illegals are exempt.

7 posted on 07/07/2010 7:48:51 AM PDT by org.whodat
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To: MissTed

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.


8 posted on 07/07/2010 7:48:51 AM PDT by Oldpuppymax
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To: MissTed

Ironically what this guy did is PERFECTLY legal in Texas.


9 posted on 07/07/2010 7:49:54 AM PDT by Centurion2000 (Three things you don't discuss in public; politics, religion, and choice of caliber.)
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To: Uncle Miltie

Stealing the trailers Americans won’t steal. Enduring the facial gunshot wounds that Americans won’t endure.

SnakeDoc


10 posted on 07/07/2010 7:51:53 AM PDT by SnakeDoctor ("Shut it down" ... 00:00:03 ... 00:00:02 ... 00:00:01 ... 00:00:00.)
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To: Uncle Miltie
. . . believed to be in the country illegally and both have an arrest record.

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.

11 posted on 07/07/2010 7:51:53 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Oldpuppymax
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.

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.

12 posted on 07/07/2010 7:51:57 AM PDT by a fool in paradise (I wish our president loved the US military as much as he loves Paul McCartney.)
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To: calex59; a fool in paradise
I was listening about this story on a local radio talk show this morning. Peter Boyles (talk show host in Denver) received this email:

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

13 posted on 07/07/2010 7:52:36 AM PDT by MissTed (Never buy products from ACME.)
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To: Oldpuppymax

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.


14 posted on 07/07/2010 7:53:24 AM PDT by jtal
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To: Centurion2000

Not ironic at all. Texas is a free state, at least for now.


15 posted on 07/07/2010 7:54:42 AM PDT by jtal
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To: MissTed
Neighbors say the thieves should be the ones facing charges and Wallace should be given an award for protecting the neighborhood.

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!

16 posted on 07/07/2010 7:55:20 AM PDT by MarineBrat (Better dead than red!)
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To: Centurion2000

What’s ironic about it? That’s one of the reasons I moved to Texas!


17 posted on 07/07/2010 7:56:10 AM PDT by piytar (Re: AlGore's latest - Karl Rove, you magnificent #######!)
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To: jtal

Paging Carl Drega...


18 posted on 07/07/2010 7:57:53 AM PDT by thecabal (Destroy Progressivism)
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To: MissTed

I want to be on his jury!


19 posted on 07/07/2010 7:58:38 AM PDT by Niteranger68 (DonÂ’t accept freedom, DEMAND IT!!!)
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To: RightOnTheBorder
Using deadly force against a thief is moral and should be legal as well.

A thief has no greater right to my property than I have to his life.

ML/NJ

20 posted on 07/07/2010 7:58:38 AM PDT by ml/nj
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To: MissTed
They forgot to accuse the old man of kicking puppies. We all know that terrible old people who protect their lives and property, not only break the law by parking their stuff, that they have no need of in the first place, in the wrong place, they also kick puppies. It all goes together. *eyeroll*
21 posted on 07/07/2010 8:05:54 AM PDT by FourPeas (God Save America)
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To: jtal
The people are getting tired of being bullied.
BULLonie!
SHEEPole are predominate these days. Nobody wants to stand up, and those that do, get screwed. That is the way the system is being modified and it is working as planned.

We have become a nation of sheep (Predominately) and that is exactly what the left has designed our legal system.

22 posted on 07/07/2010 8:09:10 AM PDT by jongaltsr (It)
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To: MissTed

The man isn’t guilty.


23 posted on 07/07/2010 8:12:37 AM PDT by CodeToad ("Idiocracy" is not just a movie.)
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To: MissTed

“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.”


24 posted on 07/07/2010 8:14:47 AM PDT by Lancey Howard
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To: a fool in paradise
Tag and release. Law enforcement wants revenue tickets, not lockups.

The only tags they deserve go on the toe.

25 posted on 07/07/2010 8:19:01 AM PDT by thethirddegree
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To: Oldpuppymax
The Denver DA is a democrat.

it did not happen in Denver County.

It happened in the next county
west of Denver : Jefferson County


26 posted on 07/07/2010 8:26:40 AM PDT by Uri’el-2012 (Psalm 119:174 I long for Your salvation, YHvH, Your law is my delight.)
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To: Oldpuppymax
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.

Old saying "You may beat the rap, but you won't beat the ride". The old man will be bankrupted trying to defend himself.

27 posted on 07/07/2010 8:26:46 AM PDT by PapaBear3625 (Public healthcare looks like it will work as well as public housing did.)
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To: PapaBear3625

There was talk of a defense fund being set up for him, I hope there is.


28 posted on 07/07/2010 8:36:47 AM PDT by MissTed (Never buy products from ACME.)
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To: jtal
"The people are getting tired of being bullied."

As in 'not enough energy to do anything about it'?

29 posted on 07/07/2010 8:36:56 AM PDT by I am Richard Brandon
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To: Oldpuppymax

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.


30 posted on 07/07/2010 8:43:41 AM PDT by Tupelo
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To: MissTed

We have to vote these scum out of office everywhere in America if this country is going to have a chance to survive.


31 posted on 07/07/2010 8:43:51 AM PDT by Lonesome in Massachussets (The naked casuistry of the high priests of Warmism would make a Jesuit blush.)
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To: MissTed

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.


32 posted on 07/07/2010 8:45:00 AM PDT by calex59
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To: Oldpuppymax

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.


33 posted on 07/07/2010 8:48:36 AM PDT by momtothree
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To: MissTed


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)


34 posted on 07/07/2010 8:50:11 AM PDT by VOA
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To: calex59
Because if you point a gun at anyone other then a blonde haired, blue-eyed Sweede, you're obviously a racist. *gag*

Oh and the state should also take away his trailer because it's been deemed he doesn't "need" it.

35 posted on 07/07/2010 8:54:44 AM PDT by MissTed (Never buy products from ACME.)
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To: MissTed

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???”


36 posted on 07/07/2010 8:55:25 AM PDT by Angelus
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To: MissTed

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???”


37 posted on 07/07/2010 8:55:37 AM PDT by Angelus
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To: momtothree

This District Attorney needs to lose his job!

And all District Attorneys who do the same should also lose thier jobs come every election.


38 posted on 07/07/2010 8:58:51 AM PDT by Angelus
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To: Angelus

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!


39 posted on 07/07/2010 8:59:50 AM PDT by MissTed (Never buy products from ACME.)
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To: Lonesome in Massachussets

Amen to that!

I wish a Political Action Committee could be established to target scumbags like this D.A. in elections.


40 posted on 07/07/2010 9:01:49 AM PDT by Angelus
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To: MissTed

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.


41 posted on 07/07/2010 9:06:00 AM PDT by stinkerpot65 (Global warming is a Marxist lie.)
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To: stinkerpot65

We have another Mike Nifong!

I am trying to find out when this D.A.s next election is.


42 posted on 07/07/2010 9:09:32 AM PDT by Angelus
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To: Centurion2000

“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.


43 posted on 07/07/2010 9:13:40 AM PDT by RightOnTheBorder
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To: MissTed

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.


44 posted on 07/07/2010 9:15:52 AM PDT by Brookhaven (The next step for the Tea Party--The Conservative Hand--is available at Amazon.com)
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To: VOA
would have immunity to prosecution if he’d done one of the following:

3. Simply tell the authorities that he heard the two clowns very clearly say "We're going to kill you".

45 posted on 07/07/2010 9:37:01 AM PDT by ErnBatavia (It's not the Obama Administration....it's the "Obama Regime".)
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To: RightOnTheBorder
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

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)

46 posted on 07/07/2010 9:46:17 AM PDT by Centurion2000 (Three things you don't discuss in public; politics, religion, and choice of caliber.)
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To: RightOnTheBorder
� 9.41. Protection of One's Own Property
(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.
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.

47 posted on 07/07/2010 9:57:13 AM PDT by Centurion2000 (Three things you don't discuss in public; politics, religion, and choice of caliber.)
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To: MissTed

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!!!!


48 posted on 07/07/2010 10:03:03 AM PDT by Glacier Honey
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To: Lancey Howard

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........


49 posted on 07/07/2010 10:06:28 AM PDT by Glacier Honey
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To: Glacier Honey
Sometimes Boyles beats a story to death, but he is a bulldog.

That's terrible about your friend, and I agree 100% about deporting them.

50 posted on 07/07/2010 10:11:33 AM PDT by MissTed (Never buy products from ACME.)
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