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Protecting Neighbor's Home Self-Defense? [Testing "Castle Doctrine" -Texas]
CBS3.com ^ | Nov 16, 2007 | staff reporter

Posted on 11/16/2007 4:59:15 PM PST by Daffynition

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To: muawiyah
the cops have already told him not to do so.

The dispatcher told him. Dispatchers are rarely sworn officers. They are sometimes young men or women,waiting to get onto the force, but more often people who have no interest in being cops, but either just want a job, or want a job in real public service. Not being sworn officers, they have no more authority than anyone else.

181 posted on 11/16/2007 10:11:51 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: muawiyah
All you have is an old guy who thinks someone has commited a crime. He has little evidence to go on.

Other than hearing them break the window, seeing them go in through it, and then seeing them come out with the loot. No evidence at all really.

182 posted on 11/16/2007 10:14:32 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Albert Guérisse
I'm not a lawyer, but I don't think you can shoot someone who is leaving private property.

You most certainly can, certainly in a situation like this, as long as they are making off with the stolen property. It's still a crime in progress, and is on the list of crimes that one may use potentially deadly force to stop.

183 posted on 11/16/2007 10:16:28 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: happinesswithoutpeace
s it “BOOM YOU’RE DEAD” or "MOVE YOU’RE DEAD” which is said on the tape?

Sounded like "Move" to me, and I heard it on Fox, then came looking for this thread. But you can listen for yourself Here

184 posted on 11/16/2007 10:22:22 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: happinesswithoutpeace
just to get thoughts on the tone of the caller, Nervous? Angry? Coherent?

Maybe a little. Somewhat, but not enraged, and definitely. I'd say more determined than angry, but some angry. Anger can be justifiable and a "Good Thing".

185 posted on 11/16/2007 10:26:54 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: happinesswithoutpeace
He states that one burglar is down and one is running away. The fact that he didn’t take another shot at the fleeing (and soon to be deceased) burglar could help show that he was looking to preserve his own life

There is a third shot, not following the second quite as quickly as the second followed the first.

186 posted on 11/16/2007 10:29:49 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Daffynition
What this man did (assuming everything was reported correctly) was slightly wrong. Naughty, naughty man. Don't do it again.

Honestly.

This is one of those where I may not agree 100% with what happened, but would not vote to indict or convict.

If bad guys are scared and are afraid to show their face, good.

If he saved his neighbor's stuff rather than his own, fine.

It isn't technically within the scope of the law? Too bad. Maybe the law needs to be changed. People are tired of feeling unsafe in their neighborhoods and homes.

187 posted on 11/16/2007 10:35:43 PM PST by mountainbunny
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To: muawiyah
Had a neighbor who was a small time mafia guy all his life. Used to run the numbers at the Chrysler plant and made regular runs to bring adult beverages North in the hidden tanks in his car.

When he was about 80 years of age he was arrested for hauling cocaine.

So, yeah, 70s as good an age as any.

But he didn't start in his 70s now did he?

188 posted on 11/16/2007 10:37:23 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: org.whodat
From ever comment I have read you are wrong, do you have any court cases where the law you state has been reviewed and a court precedent and interruption set.

I, and several others have quoted the relevant portion of the Texas Penal Code. The other, taking the case to the grand jury is based on living in Texas for 30+ years, and seeing it happen over and over again. The guy that shot at some kids, with an SKS, killing several of them, who were stealing his fancy wheel rims (Black on Black that one was) and he was no-billed by the Grand jury. In San Antonio a guy shot and killed a kid (around 14 or so IIRC) who was stealing his chickens, or maybe only breaking into his chicken coop. Another grand jury no bill. (Theft during the nighttime in both cases) The Arlington grandmother who shot a guy that had broken into her house while running from the police, wasn't sent to the grand jury, IIRC, but she wasn't charged either. He wasn't even trying to steal anything or hurt any resident of her household.

189 posted on 11/16/2007 10:49:01 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: org.whodat
Most lever actions make the same noise!

Similar, but not the same. Besides, lever action rifles are quite distinct sounding compared a shotgun. Shotgun is more "boom" with no "crack". Rifle is more "bam-crack".

190 posted on 11/16/2007 10:53:35 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: muawiyah
Grandpa caught the gun on the way down and held the guy at gunpoint. They didn't go looking for trouble.

No but it found him anyway. I'm sure your grandpa would have shot them if they made a move to escape, to harm your grandma, or harm him. In fact it sounds like your grandma would have shot him in the same situations had she been the one who came up with the pistol.

I knoq my grandma, who was born at the turn of the 19th to 20th century, would have. There wasn't a squeamish bone in her body that I ever noticed.

191 posted on 11/16/2007 10:59:40 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato

I Must have fast forwarded right through that third shot! Thanks!


192 posted on 11/17/2007 12:49:32 AM PST by happinesswithoutpeace (You are receiving this broadcast as a dream)
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To: NoGrayZone

““911: “Nope, don’t do that. Ain’t no property worth shooting somebody over, OK?” “

“Stay inside the house and don’t go out there, OK?” responded the dispatcher. “It’s not worth shooting someone over this.”


193 posted on 11/17/2007 3:37:20 AM PST by Mila
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To: muawiyah
I think he's going to go to jail as a multiple murderer.

I think the court should reimburse him for the shotgun shells.

Unfortunately they will not execute him, but the history of his type is such that you can almost count on him killing someone else in prison.

Yeah, those 70-year-old curmudgeonly homeowners are pure hell on the prison population.

194 posted on 11/17/2007 3:47:07 AM PST by humblegunner (My KungFu is ten times power.©)
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To: muawiyah

You said.... “Had a neighbor who was a small time mafia guy all his life”......

ALL HIS LIFE, not started in his 70’s; therefore, your point is moot.


195 posted on 11/17/2007 4:00:51 AM PST by NoGrayZone (Thompson/Hunter 08)
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To: mvpel

I love it!!


196 posted on 11/17/2007 4:01:06 AM PST by NoGrayZone (Thompson/Hunter 08)
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To: El Gato

Teehee... oops, my bad!


197 posted on 11/17/2007 4:02:50 AM PST by NoGrayZone (Thompson/Hunter 08)
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To: El Gato

“Bottom line, if the departed had not been burglarizing houses, they’d still alive.”....

A lot of people seem to disregard that IMPORTANT fact. It’s called personal responsibility, God forbid people show some.


198 posted on 11/17/2007 4:05:47 AM PST by NoGrayZone (Thompson/Hunter 08)
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To: Mila

That is the dispatchers personal opinion. From what I’m reading here, he may have been within the law to shoot the scum. This man’s personal opinion (hopefully with the law on his side) differs from the dispatchers. So?


199 posted on 11/17/2007 4:10:44 AM PST by NoGrayZone (Thompson/Hunter 08)
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To: NoGrayZone

“So?”

I realize that the dispatcher is not a LEO, but I worry that someone on a jury perhaps might hear the tape with a “cold” ear, so to speak, and might get the impression that Mr. Horn was deliberately being defiant by ignoring semiofficial instructions.


200 posted on 11/17/2007 4:55:34 AM PST by Mila
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