Skip to comments.Thieves could go free while victim faces jail time
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.
Another story on that DA:
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.
I am trying to find out when this D.A.s next election is.
I just called and his secretary she said, “His term ends in 2 1/2 years.”
Back when I got my CCL, the instructor was a police officer. I had this same discussion with him. According to the instructor, the DA would use clause 3(A) of the deadly force portion if he wanted to go after you.
He framed it this way: did you have insurance to replace the stolen Item? Could you have called the police to have them stop the thief? Could you reasonably have gone to the police and let them investigate? Keep in mind that it is a lawyer’s job to twist the law into what he wants it to mean.
I will grant you that most places in Texas adhere to the law as it is written and intended. That being said, I would not want to shoot at a fleeing criminal in liberal El Paso, or ultra-liberal Austin. I have little doubt that those DA’s will go after you knowing a conviction won’t stand just to break you financially.
This won’t stand. I want on that jury.
This so sickens me. Fighting crime is easy. It is not that complicated. People should be allowed to do whatever they reasonable need to to defend life and property. The bad guy is the one who needs to burn. I don't give a crap how many people we have in jail, as long as they deserve to be there! Build all the jails you want as far as I am concerned.
I don't believe in rap sheets. I believe in public stocks, public whippings and public hangings.
Oops! It isn't Denver. I don't think this is going to fly.
You know, not only does a grand jury have the option not to return an indictment they've been asked for, but in some jurisdictions they can also hand down indictments NOT asked for, like one accusing the DA of violating Wallace's civil rights under color of authority.
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