Posted on 11/16/2007 4:59:15 PM PST by Daffynition
The thieves are getting away. Should my neighbor shoot them or just stand there like a dummy.
Kinda puts the thing in a better persepective.
After reading this I think the next time I get involved in helping a neighbor break into his own property after execution of an eviction order I'm going armed.
Some old coot come out after me will meet hot lead.
My mistake then. Thank you for clarifying it.
Of course you can. And yes, it is their job. Their job is public saftey. If your neighbor explained what he was about to do and didn’t want any trouble, I’m sure they would have come out, at least until you were in the house. Especially since you said the neighborhood had bike patrol around. And with that fact, why didn’t he call the local dept and advise him so the bike patrol didn’t think you guys were breaking and entering, illegally?
Now, about the opportunity to shoot somebody ~ if we had the Texas law in place, then when that guy came out with a shotgun, if it'd been here, we could have plugged him on the spot couldn't we. No questions asked.
That's why you really do have to be careful who you shoot even if you think the law is on your side.
Sometimes it's simply a case of someone not being polite, and then the guys getting shot are the plumbers who were putting in a new drain while you were on vacation somewhere.
Or, in our hypothetical case here (where we don't have the Texas law, but if we did) anyone who questioned us breaking into my friend's home could be shot ~ wouldn't even have to notice if he had a weapon ~ just note that he was impertinent and nosey ~ then bang.
All these cases where an armed man shoots unarmed people in somebody else's front yard almost all go to trial and he goes to jail.
In some cases it doesn't seem right, but in general it's not good public policy to let folks shoot unarmed people.
Many thoughts going thru my mind right now like I want him for my neighbor, or I want to move to Texas or I want him to become my neighbor here and then invite my old VP of HR over to my house and tell him the door is open but he has to push really, really hard to get it open.......
you have a good point, here is another. your neighbor who might not have fired a weapon in years or has little or no target training, nervous system going crazy, misses and kills the little 4 year old girl playing in her front yard 2 houses down, over a stolen vcr or tv. I see both sides of this story and it is going to be interesting to see how it plays out.
If I were the neighbor, I’d be paying for this man’s legal defense. Happily.
Now, explain to the lawyer who's going to defend you why it was you invited the VP of HR over ~ he knows better ~ his fee is going to be really high on this one.
Yes, it's true, but ONLY IF:
The other guy ASKED you to defend said property, AND
the deadly force is IMMEDIATELY necessary to prevent escape, and you reasonably believe there is NO OTHER alternative than deadly force, or that using anything LESS than deadly force would pose a serious risk to your safety.
"Boom, you're dead" doesn't sound like the words of a man who fears for his life and safety or has no other alternative to halt the escape than to pull the trigger, it sounds like a line from a B-grade action flick.
And I doubt it'll play well with a jury.
Did your neighbor call the Sheriff’s office and try to obtain the key? Also, why not just call the local dept. and let them know the situation so if someone did see you guys breaking in and called the cops they would know it’s kosher. The guy who shot the scum did call 911 first. Besides, I’m pretty sure the neighbors already knew some of what was going on already.
I'm not a lawyer, but I don't think you can shoot someone who is leaving private property.
Depends who’s on the jury.
In Texas, you can shoot someone committing a crime at nighttime if you reasonably believe that there is no other alternative to stop the crime or stop them from escaping with your property.
Texas, here I come!!!!
Ditto!
Landlords are expected to have some gumption. Getting their own doors open is their problem, not the Sheriff's.
Not sure what you are meaning by “Vicarious self defense”, but the Castel Doctrine in effect since last September DOES apply to one’s property in TEXAS.
Sounds like these wetbacks decided to come into the old man’s yard at which point he shot to SOBs. Sounds like Castle Doctrine is covered!!
Just like car jacking, the sooner all these klinton supports get the message that it might cost them their life, the sooner lots of these breakin will cease as well.
What is the "Either/Or" clause you ask?
"EITHER" I shoot the thug breaking into my house "OR" my neighbor does if I'm not home.......
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