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Retired Green Beret shoots intruder, gets court martial
MKS Views ^ | 1/29/08 | n/a

Posted on 01/30/2008 9:00:28 AM PST by kiriath_jearim

BREVARD, Jan. 19, 2008 - Retired Army Green Beret James T. (Smokey) Taylor got his court martial this weekend and came away feeling pretty good about it. Taylor, at age 79, is one of the oldest members of Chapter XXXIII (The Larry Thorne Chapter) of the Special Forces Association.He was placed on trial by fellow Chapter XXXIII members under the charge of “failing to use a weapon of sufficient caliber” in the shooting of an intruder at his home in Knoxville , TN , in November.

The court martial, of course, was very much tongue in cheek. The event itself was deadly serious. Taylor had been awakened in the early morning hours of November 5, 2007,when an intruder broke into his home. He investigated the noises with one of his many weapons in hand. “It was just after Halloween, on Monday morning at 4:30,” Taylor said. I heard this commotion at the door and grabbed my fishing gun, a little .22 revolver, to see what was going on. I got to the front door and this fellow had ripped my security door out of its frame. He said, ‘you’re going to have to kill me. I’m coming in.’”

When a warning to leave went unheeded, Taylor brought his .22 caliber pistol to bear and shot him right between the eyes. “I was about four feet away from him when I shot,” Taylor said. “Looking back now, I’m glad he didn’t die, but that boy had the hardest head I’ve ever seen. The bullet bounced right off.” The impact knocked the would-be thief down momentarily. He crawled out of the house then got up and ran down the street. Taylor dialed 911 and Knoxville police apprehended the wounded man about 200 yards away, hiding in a hedgerow.

Complicating the case, as well as the court martial, the offender was released on bail but failed to appear for his court date. Knoxville police said the man was homeless. They did not know his whereabouts or why he had been given bail. The charges brought against Taylor by his fellow Green Berets were considered to be serious. He is a retired Special Forces Weapons Sergeant with extensive combat experience during the wars in Korea and Vietnam. “Charges were brought against him under the premise that he should have saved the county and taxpayers the expense of a trial,” said Chapter XXXIII President Bill Long of Asheville , NC.

The trial was held at the Hampton Inn in Brevard, part of the group’s regularly scheduled quarterly meeting. Long appointed a judge, Bert Bates, a defense counsel, Jim Hash, and a prosecutor, Charlie Ponds. All are retired Special Forces non-commissioned officers with extensive combat and weapons experience. Ponds outlined the case against Taylor , emphasizing that the citizens of Knox County were going to be burdened with significant costs to again apprehend, and then prosecute and defend the would-be burglar.

“Proper choice of a larger caliber gun would have spared the citizens this financial burden,” Ponds said, “while removing one bad guy from the streets for good. He could have used a .45 or .38. The .22 just wasn’t big enough to get the job done. Hash disagreed. He said Taylor had done the right thing in choosing to arm himself with a 22. “If he’d used a .45 or something like that the round would have gone right through the perp, the wall, the neighbor’s wall and possibly injured some innocent child asleep in its bed. I believe the evidence shows that Smokey Taylor exercised excellent judgment in his choice of weapons. He clearly remains to this day an excellent weapons man.”

Hash then floated a theory as to why the bullet bounced off the perp’s forehead. “He was victimized by old ammunition,” he said, “just as he was in Korea and again in Vietnam , when his units were issued ammo left over from World War II.” Taylor said nothing in his own defense, choosing instead to allow his peers to debate the matter. The jury, consisting of all the members of the Chapter, discussed the merits of choosing a larger caliber weapon as well as the obvious benefits to society of permanently deleting the intruder so he would never again threaten any private citizen. The other side of the coin, that of accidentally causing injury to a completely innocent citizen if a more powerful gun had been used, also gained considerable support.

Following testimony from both sides, Judge Bates determined the charges should be dismissed. The decision was met with a round of applause. In fact, there was strong sentiment expressed that Taylor should receive an award for not only choosing wisely in picking up the 22, but for the accuracy of his aim under difficult and dangerous conditions. After the trial Taylor said the ammunition was indeed old and added the new information that the perp had soiled his pants as he crawled out the door. “I would have had an even worse mess to clean up if it had gone through his forehead,” Taylor said. “It was good for both of us that it didn’t.” Meanwhile, back in Knox County , the word is out: Don’t go messing with Smokey Taylor. He just bought a whole bunch of fresh ammo.

[Tribune Editor Bill Fishburne is a member of the Larry Thorne Chapter XXXIII of the Special Forces Association. Hat tip Oswald Bastable’s Ranting.]

[Smokey Taylor]


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; US: North Dakota; US: Tennessee
KEYWORDS: armedcitizen; banglist; courtmartial; greenberet; humor; selfdefense; specialforces
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To: kiriath_jearim
this fellow had ripped my security door out of its frame.

I give up. Why do you call it a "security door" ?

41 posted on 01/30/2008 9:41:18 AM PST by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Crucis Country

Well, he did say he used his fishing pistol...man that is so great....LOL!


42 posted on 01/30/2008 9:42:00 AM PST by padre35 (Conservative in Exile/ Isaiah 3.3/Cry havoc and let slip the RINOS)
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To: -=SoylentSquirrel=-

“Fishing gun”

In NC, it is legal to carry a .22 caliber pistol out of hunting season, most people carry them when fishing around areas were snakes could be hiding in the grass etc.

In rural areas it is not uncommon at all to see fisherman armed thusly.


43 posted on 01/30/2008 9:44:47 AM PST by padre35 (Conservative in Exile/ Isaiah 3.3/Cry havoc and let slip the RINOS)
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To: kiriath_jearim
this fellow had ripped my security door out of its frame

Probably high on meth. Good work, Sarge!

44 posted on 01/30/2008 9:44:52 AM PST by colorado tanker
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To: ArrogantBustard

Yeah - the scum himself has saved the taxpayer’s money by skipping bail. Too bad Smokey didn’t drop him where he stood. I hope they catch the guy before he breaks into a house with some unprepared gal at home. However, an A++ for effort by Smokey!


45 posted on 01/30/2008 9:47:06 AM PST by geopyg (Don't wish for peace, pray for Victory.)
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To: kiriath_jearim

OK, now that’s funny. “Use enough gun.” If it works, it’s enough gun.


46 posted on 01/30/2008 9:48:42 AM PST by Billthedrill
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To: kiriath_jearim

Great post!


47 posted on 01/30/2008 9:50:56 AM PST by <1/1,000,000th%
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To: Izzy Dunne
this fellow had ripped my security door out of its frame.

I give up. Why do you call it a "security door"?
I suppose because it slows them down enough to be secure in your belief you can get to your “fishing Pistol” before he gets in the house.
48 posted on 01/30/2008 9:52:20 AM PST by SWO
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To: Vigilanteman

Yes! .22mag. is not too shabby on the ballistics side


49 posted on 01/30/2008 10:34:18 AM PST by devistate one four (nam '68)
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To: Samwise

LOL


50 posted on 01/30/2008 10:52:20 AM PST by Professional Engineer (www.pinupsforvets.com --- In other news, the liberal democrat, or the liberal democrat?)
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To: Melas
.22 isn’t even a great caliber for accuracy. .22lr is great for accuracy. Given that this bullet bounced off, I’d wager it was just a .22 short.

It was apparently old ammo that had lost some of it's potency.

However, this isn't the first time I've heard of .22 rounds not penetrating the front of an assailant's skull.

A .22 is still better than nothing, but it would seem wise to use the most potent .22 round that you can.

Some older people have problems with their hands that dictate not using a larger caliber or heavier gun, so while a .22 isn't ideal, it still is a reasonable choice for some.

51 posted on 01/30/2008 11:12:56 AM PST by untrained skeptic
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To: jazusamo
SUPERB!!!!

Meanwhile, back in Knox County , the word is out: Don’t go messing with Smokey Taylor. He just bought a whole bunch of fresh ammo.!!!!!!!!!!!!!!

52 posted on 01/30/2008 12:38:23 PM PST by smoothsailing
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To: kiriath_jearim
Hey, for everybody who wants a link to the J.C. Adams article (post #17), here's a link:
http://old.savannahnow.com/stories/011103/LOCElderlyCrimestopper.shtml

53 posted on 01/30/2008 2:46:26 PM PST by Savage Beast ("History is not just cruel. It is witty." ~Charles Krauthammer)
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To: Mark was here

I was thinkin’ of the judge who let the perp out on bail.


54 posted on 01/30/2008 2:49:26 PM PST by Mr. Lucky
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To: Samwise

Great story. Thanks.


55 posted on 01/30/2008 2:49:46 PM PST by snippy_about_it (The FReeper Foxhole. America's history, America's soul.)
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To: FrPR
Fighting soldiers from the sky
Fearless men who jump and die
Men who mean just what they say
The brave men of the Green Berets


56 posted on 01/30/2008 4:43:36 PM PST by BorisTheBulletDodger (If guns cause crime, why the hell do we give them to cops?)
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To: jazusamo; 1stbn27; 2111USMC; 2nd Bn, 11th Mar; 68 grunt; A.A. Cunningham; ASOC; AirForceBrat23; ...

Man, it feels good to read this : )


57 posted on 01/30/2008 6:05:29 PM PST by freema (Proud Marine Niece, Daughter, Wife, Friend, Sister, Cousin, Mom and FRiend)
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To: freema

Great story. Thanks for the ping.

[Mr] T


58 posted on 01/30/2008 6:10:30 PM PST by trooprally (Never Give Up - Never Give In - Remember Our Troops)
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To: kiriath_jearim

If I saw a bullet bounce off a bad guy’s head, I’d soil my shorts.


59 posted on 01/30/2008 6:15:57 PM PST by Nachoman (My guns and my ammo, they comfort me.)
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To: freema

May the good Lord give him some remaining years in peace, and allow him to continue to reflect back on his service rendered to his nation in honor.


60 posted on 01/30/2008 6:23:49 PM PST by Marine_Uncle (Duncan Hunter for POTUS)
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