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Man who shot home intruder indicted for second-degree murder
Boston Globe ^ | 1/04/05 | AP

Posted on 01/04/2005 2:29:19 AM PST by kattracks

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To: HMFIC
2. You CANNOT plug someone over property...EVER! Call 9-11 and then call your insurance company.

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.

201 posted on 01/05/2005 4:45:31 PM PST by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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To: HMFIC
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 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. :)

202 posted on 01/05/2005 4:47:57 PM PST by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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To: Uncle Vlad
Next time, shoot the perp and drag him into the house.

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.

203 posted on 01/05/2005 4:54:48 PM PST by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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To: DannyTN
If he was shot in the back it's not self-defense

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.

204 posted on 01/05/2005 5:02:00 PM PST by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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To: ORECON
The point is you are seen as an executioner if you can shoot someone between the eyes while they are breaking in

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.

205 posted on 01/05/2005 5:14:41 PM PST by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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To: whd23

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.


206 posted on 01/06/2005 5:19:59 AM PST by chris1 ("Make the other guy die for his country" - George S. Patton Jr.)
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To: chris1

I don't think that hair can withstand much more splitting! ;)


207 posted on 01/06/2005 5:24:16 AM PST by whd23
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To: whd23

I know, I know.

The system is a mess. Think of the DMV on roids.


208 posted on 01/06/2005 5:33:48 AM PST by chris1 ("Make the other guy die for his country" - George S. Patton Jr.)
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To: HMFIC

---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.


209 posted on 01/06/2005 5:46:30 AM PST by frgoff
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To: cbkaty

"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.


210 posted on 01/06/2005 7:52:06 AM PST by Don Simmons (Annoy a liberal: Work hard; Prosper; Be Happy.)
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To: kattracks
"My son didn't deserve to die the way he did, even if he was trying to break in," said Evelina Salgueiro, the victim's mother.

Another b*tch who should have had her tubes tied and had no business raising children.
211 posted on 01/16/2005 2:06:10 AM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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