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Posted on 02/08/2012 7:47:32 AM PST by marktwain
DEMING -- A home intruder was shot on the evening of Thursday, Feb. 2 as he attempted to charge the home owner. Authorities were tipped off when the failed home intruder called Central Dispatch with his cellular phone seeking help for his two gunshot wounds.
Justin Hall, 32, suffered two gunshot wounds after he broke into a home on the 5000 block of Amapola Road in the county. The home owner, a 62-year-old man, had called the Luna County Sheriff's Office to his residence earlier that evening because he had noticed some of his personal items stacked in a strange way.
According to Capt. Arturo Baeza, of the LCSO, the home had been burglarized in early Dec. 2011 and the home owner suspected the stacked items were awaiting pickup by intruders. The LCSO conducted its investigation of the oddly-stacked items, then left when they concluded everything was fine.
The home owner then sat in his property - which does not have heat or electricity, according to the LCSO - and waited.
"He hears a bam and the door flew open and there's this guy charging in," Capt. Baeza said, reading from the LCSO report. "The guy closed distance on him and he (home owner) shot at him three times."
The owner was able to connect with the intruder on two shots from his .45-caliber pistol. Hall suffered gunshot wounds to his right leg and beneath his rib cage on the left side of his torso.
"We got tapes from the 911 call where he admitted he broke into this guy's house," Capt. Baeza
Doesn’t sound like he lived there.
Hope he’s not charged with “lying in wait”.
I know the multiple lines of defense, but if you have an aggressive prosecutor, it could be expensive for the homeowner.
I like when they specify the caliber of weapon used.
Correct choice of caliber, but why is the perp still alive?
“Correct choice of caliber, but why is the perp still alive?”
Because caliber Dosen’t really matter.
Ineffective shot placement. You still have to hit something vital, even with the flying half-inch ashtrays.
Shot placement is King. Adequate penetration is Queen. Everything else is Angels dancing on the head of a pin.
Three out of four hits would have been better.
45 ACP or 45 GAP?
A semi at 2 mph or a Volkswagen at 60 mph.
There is a good chance at 2 mph you could get rolled under it and live at 60 mph you would get splattered.
Apples and oranges
Is it me, or is life getting difficult for “would-be” home intruders?
NM Constitution, Art II, Sec. 4. [Inherent rights.]
All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.
NM Constitution, Art II, Sec. 6. [Right to bear arms.]
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.
So he can't be legitimately charged w/ a crime as such a law would be doubly contra-constitutional.
I hope this goes in favor of the owner - but could get twisted because he failed to report it and was sitting there hoping the robbers would return. A slippery slope possibly
Now now, let’s not project too much of ourselves on this fellow - perhaps he was simply protecting his property, and not hoping the robbers would return. ;)~
If you use google earth that property looks condemed. Clearly not lived with no utilities the owner should have been discrete and called law enforcement back. Its their duty to protect and serve. I can understand shooting for fear of you and your families life. But being that it took place in the evening don’t you think its possible intruder might not have seen anyone to be charging at? Wishing septic on someone isn’t reasonable either. Where is everyones humanity?
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