Posted on 01/04/2005 2:29:19 AM PST by kattracks
Not everywhere. Some states, Texas for one, allow use of deadly or potentially deadly force in the protection and/or recovery of ones property. We once shot horse thieves (still do in fact), a few years ago a juvenile chicken thief was shot and killed in San Antonio (fighting chickens not layers or friers), IIRC that guy wasn't even charged.
If it's night, that's "Theft during the nighttime. If not, you are stopping a crime in progress.
I don't think I'd shoot in such a situation, but the law does allow me to here in Texas. It's right in our CHL handbook. :)
NO, leave him where he falls. The cops will be able to tell if you move the body, and out in the street he's a good example for the others.
Not necessarily, people move, especially when guns are pointed at them. The perp could have turned as the shot was touched off.
Since it's early, it's also possible that he wasn't shot in the back at all, but rather an exit wound was mistaken for an entry wound. Since the defender used a rifle, if the bullet(s) was non expanding, such an error would be easy to make. Many rifles will shoot right through a person.
Yea but I've also read of cases where the fact that the defender emptied the gun into or at the bad guy is used to show how vicious the defender was and called excessive force. If the DA wants you, he's going to come from every direction.
It is a very complicated theory in law, but the two are not the same. Yes you are presumed innocent. If you are found not guilty, due to tainted evidence or some other abnormality, you are not found innocent.
In general, however, you are correct.
I don't think that hair can withstand much more splitting! ;)
I know, I know.
The system is a mess. Think of the DMV on roids.
---My point is, that if someone is walking out of your house carrying your TV, and NOT threatening you, and you shoot them, expect the worst. The definition of Self-Defense is pretty clear from state-to-state. If you don't believe me, and I always tell people to do their own research, ask any lawyer.
Now, if they have the TV in their hands and try to THROW it at you and you are close enough to be injured, that's another story.
But shoot-outs over JUST PROPERTY? Better call a lawyer, you're getting arrrested.
---
Colorado allows the use of deadly force to protect property. It was called the Make My Day Law and passed to howls of liberal protest several years ago.
"Here in Texas.......there are a whole lot of us "potential victims" that are fully armed.....cocked and locked."
Yeah, we Texans understand the difference between "victim" and "perpetrator" -- and we damn-well enforce it.
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