Posted on 06/30/2023 9:17:12 PM PDT by SeekAndFind
Here’s an interesting story that might make you think – especially if you’re an advocate for Second Amendment rights and gun ownership. This case highlights an incident in which a man was forced to use a firearm to defend himself and his property. But the way the incident played out is instructive in that it gives us a chance to consider how we might react in a similar situation.
A La Puebla resident earlier this week apprehended a suspected burglar who was attempting to steal his tools, holding him at gunpoint after a brief struggle until law enforcement arrived. The alleged intruder, Edward Montoya, was arrested and faces charges of aggravated burglary and aggravated battery, adding to his extensive criminal history.
Here’s how it went down:
A La Puebla man told Santa Fe County sheriff’s deputies he prevented a suspected burglar from making off with his tools Friday — and then he stopped the alleged intruder from escaping.
…
Meyer said he found Montoya in his garage Friday evening after hearing his dogs barking and noticing an unfamiliar car in his driveway, according to the report.
Meyer armed himself with a handgun and went into his garage, where he found Montoya holding his tool box and drill, the report states. Montoya dropped the items and offered to “just leave” before attempting to run away, according to the report.
Meyer chased Montoya during the incident and the two had a “small scuffle,” the report states. Meyer dialed 911 and then dropped his phone amid the pursuit.
Montoya is accused of biting Meyer on the arm, the report states, adding Meyer pulled out his gun and fired a warning shot at a berm (flat piece of land) while yelling for help.
While speaking with law enforcement, Montoya claimed he approached Meyers’ home because he was having trouble with his vehicle and that he did not go into the garage until the homeowner demanded he do so.
Sounds like quite a harrowing experience, doesn’t it? While some might view Meyer’s actions as commendable and necessary to protect his property, others might raise concerns about the potential risks and legal implications involved. Let’s take a look, shall we?
On the one hand, by confronting the suspected burglar and preventing him from escaping with stolen tools, Meyer successfully protected his property. His actions demonstrated a willingness to defend his belongings, potentially discouraging future theft attempts. Moreover, it is our natural right to defend our lives and property when either is threatened.
Meyer’s quick response to the situation allowed him to confront the intruder and notify law enforcement promptly. This swift action increased the chances of capturing the suspect and potentially preventing further crimes in the area.
Meyer’s actions send a message to potential criminals that the community is vigilant and willing to defend their property. This can act as a deterrent and discourage future burglaries in the area. To be blunt: If a burglar knows you might be packing heat, he will think twice about breaking in.
It is worth considering Meyer’s risk to his own life. Confronting a suspected criminal carries inherent risks. In this case, Meyer engaged in a physical scuffle with the intruder after chasing him, which put him at risk of injury. It was after he was bitten that he fired the warning shot. Engaging with potentially dangerous individuals can escalate the situation and pose a threat to personal safety.
While Meyer’s intent may have been to protect his property, the use of force could raise legal concerns. Depending on the jurisdiction, the level of force used, and the circumstances surrounding the incident, individuals may face legal consequences for their actions, even if their intentions were well-meaning. In Meyer’s case, he did not shoot Montoya but only fired a warning shot at the ground. In some states, it is illegal to do this – but I wasn’t able to find any information on how New Mexico’s laws address this scenario. But it is something to think about, especially if you are not sure whether warning shots are legal in your state.
Confronting a criminal can potentially escalate the situation and lead to further violence. Meyer firing a warning shot and engaging in a physical altercation with the intruder could have heightened tensions and put both parties at risk of severe harm. New Mexico is a “stand your ground” state, so Meyer was not required to run away before using his firearm. Also, chasing Montoya down as he was running away could be an issue, but if Meyer had a genuine fear for his life – which could be understandable in this case, he may be safe.
If Meyer’s account of the altercation is accurate, then it is possible that he could have opened himself up to legal issues if he happens to live in an area where the district attorney is not in favor of self-defense. But given that he never shot or harmed Montoya, it is not definite that he would face charges.
Either way, this story illustrates the importance of knowing how one would behave in a similar situation. Would you chase the intruder or let the police handle it? What would you do?
...so he should have shot him in the garage?
When they invade your home/property, they become fair game - I think it it was me, I would have shot him when he “lunged at me with the drill in his hand”....
If it was food, that may be different....
If you need to fire a warning shots but they are illegal in your state, just remember to say “oops!” afterwards.
“Your stuff was purchased with a portion of your life.”
I make that very same point often.
L
cpdiii “,,,killing a man or woman over property is not worth it.”
The Sentient Sheep “You do not shoot people for talking your stuff.”
Shooting someone over property seems to be generally frowned upon legally and socially, but there’s more to it than an offense against the property owner.
Ownership of property is part of the foundation of civilized society and property offenses are not just an offense against the property owner but an attack on the foundations of civilized society.
that stuff represents your life. thieves are stealing part of your life... a car... 20,000 dollars of your life to replace, tools 3500 of your life to replace...
So what should he have done if the guy had just continued to load up all his $1000's of tools into the pickup, as well as his lawn motor, standby generator, and his son's motorbike?
Just watch and wave goodbye? And then wait for the police to show up in an hour or so?
Your property was earned with hours of your life. I would agree that property representing negligible value is not worth using force, but when a steady stream of thefts effectively makes you the slave of the thieves, when a significant part of your life goes to recovering from what they take of your life, then I can understand taking action.
Disturbing a crime scene is a sure-fire way of being convicted. Police forensic people are trained to spot such things.
When thief lunges toward owner thief is putting owner in fear for life so shoot thief dead.
If they are taking my “stuff” they are taking my life.
I worked hard long hours, days, years for my property (stuff), if your stealing it you are stealing my life!
If I catch you stealing my “stuff”, you are stealing my life’s work and I will shoot you deader than a well hung ham!
And just as an afterthought, it’s the only way CRIMINALS LEARN!
YUP; they get lots of control, BUT WE NEVER GET THE SAFETY!
$3500 for tools? You must not have many. I’m easily four times that.
You do too much.
“I was checking him for signs of life.”
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.