GUN Burglar shot dead in Cedar Hill driveway

Discussion in 'On Topic' started by TL1000RSquid, Dec 8, 2008.

  1. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Burglar shot dead in Cedar Hill driveway
    http://www.wfaa.com/sharedcontent/d...wfaa081205_wz_cedarhillshooting.32db78ec.html
    CEDAR HILL — Police said a Cedar Hill resident shot and killed a person attempting to break into a vehicle in his driveway Friday morning.

    The gunfire erupted at 7:30 a.m. in the 9100 block of Sleepy Hollow, one of the city's nicest, most established neighborhoods.

    Police said the homeowner heard an alarm going off on his pickup truck. He grabbed a gun, went outside, and opened fire when he saw the alleged burglar attempting to remove a stereo system.

    The suspect died at the scene.

    "This is extremely rare," said Cedar Hill spokesman Corky Brown. "This is a really quiet neighborhood like most of ours in Cedar Hill. It's very shocking to the neighbors to have something like this occur."

    The names of the homeowner and the suspect have not been released.

    The homeowner has not been arrested or charged at this point.

    ====

    :bowdown: good shoot, if only it were legal in all 50 states.
     
  2. Admitted

    Admitted I shouldn't be on OT right now.

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    did you just repost yourself?
     
  3. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Don't recall any other stories about burglar getting shot in the driveway the last couple days? :dunno:
     
  4. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Texas
     
  5. Admitted

    Admitted I shouldn't be on OT right now.

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    This was all over the main 3 days ago.
     
  6. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Ah I only venture into main a couple times a week.
     
  7. bpa00

    bpa00 New Member

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    I'm not sure I agree that this was a justified shooting.... but whatever... 1 less scumbag to worry about...
     
  8. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    If he just went outside and straight shot him, I agree. I would try to stop the fucker from taking my stereo and hold him till the cops came, but if he made a move I'd shoot. Here that would probably land you charges. DA would say you escalated the situation needlessly by confronting him. Then you'd have the civil suit.
     
  9. idleprocess

    idleprocess Bring a dollar with you baby in the cold cold grou

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    Not justified as in morally, or on a cost/benefit analysis? I agree. A car stereo probably isn't worth killing someone and the potential legal headaches.

    Legally, it sounds like a clean shoot going by what I know of Texas law. If someone is making off with property that's valuable enough or you have no reasonable chance of recovering, lethal force is justified. If a thief is trespassing at night and engaging in a number of other crimes such as theft or breaking and entering, nearly all restrictions on lethal force are off.
     
  10. jehan60188

    jehan60188 New Member

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    that's such crap. "you didn't let the criminal get away, so you're in trouble"?!
    >_<

    sorry officer, next time i'll just give him the keys to the car!
     
  11. amac88

    amac88 New Member

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    My friend lives just a few blocks from there, I drive by that house at least once a week...crazy shit. Anyone else who knows that area knows that those are million-dollar homes, not ghetto or anything at all.
     
  12. Dumbstixlars

    Dumbstixlars Ron Paul/AR-15/Glock/old car/Scooby/R/C croo OT Supporter

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    What? That can't happen? Crime only occurs in bad neighborhoods.
     
  13. striker754

    striker754 Chillin

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    "A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."

    "A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"

    hes fucked unless they decide to be nice to him
     
  14. RRTX

    RRTX New Member

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    This is Texas, the chance of him getting charged is next to nothing and the chance of a conviction even less if he did get charged. Shitbags getting killed is becoming an almost weekly occurrence around here, to the point that it rarely even gets more than a small blurb on the news. If a guy here can tell the 911 dispatcher that he is going outside to kill the people breaking into his neighbors house, then does it and gets no billed, this isn't going to get much attention.
     
  15. striker754

    striker754 Chillin

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    Im in Texas son. The guy who called was protected under the law; this guy isn't. He's rolling the dice.
     
  16. LancerV

    LancerV Something Happened OT Supporter

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    Why are you quoting the nightime laws where he would have the right to use deadly force?
     
  17. striker754

    striker754 Chillin

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    uh because those are the conditions for using deadly force in protection of property? it wasn't nighttime if the story is right and it was 730am
     
  18. LancerV

    LancerV Something Happened OT Supporter

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    § 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
    in lawful possession of land or tangible, movable property is
    justified in using force against another when and to the degree the
    actor reasonably believes the force is immediately necessary to
    prevent or terminate the other's trespass on the land or unlawful
    interference with the property.
    (b) A person unlawfully dispossessed of land or tangible,
    movable property by another is justified in using force against the
    other when and to the degree the actor reasonably believes the force
    is immediately necessary to reenter the land or recover the
    property if the actor uses the force immediately or in fresh pursuit
    after the dispossession and:
    (1) the actor reasonably believes the other had no
    claim of right when he dispossessed the actor; or
    (2) the other accomplished the dispossession by using
    force, threat, or fraud against the actor.

    Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
    Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
    1994.


    § 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
    justified in using deadly force against another to protect land or
    tangible, movable property:
    (1) if he would be justified in using force against the
    other under Section 9.41; and
    (2) when and to the degree he reasonably believes the
    deadly force is immediately necessary:
    (A) to prevent the other's imminent commission of
    arson, burglary, robbery, aggravated robbery, theft during the
    nighttime, or criminal mischief during the nighttime; or
    (B) to prevent the other who is fleeing
    immediately after committing burglary, robbery, aggravated
    robbery, or theft during the nighttime from escaping with the
    property; and
    (3) he reasonably believes that:
    (A) the land or property cannot be protected or
    recovered by any other means; or
    (B) the use of force other than deadly force to
    protect or recover the land or property would expose the actor or
    another to a substantial risk of death or serious bodily injury.

    Pretty easy to argue 9.42.3B, saying that he couldn't see if he had a weapon or not and therefore the use of deadly force = justified.
     
  19. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Horn didn't get charged so I can't see this guy getting charged.
     
  20. striker754

    striker754 Chillin

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    I don't agree with him being charged but don't tell me he followed the law. Burglary of vehicles is way different than burglary.
     
  21. RRTX

    RRTX New Member

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    Where exactly in that statute do you see it making a distinction between burglary of a vehicle versus burglary of a habitat?
     
  22. bpa00

    bpa00 New Member

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    I suppose it is Texas we are talking about... In many states (most maybe), you actually have to be in the dwelling or vehicle while someone is attempting to break in to be justified under the law to use lethal force...

    IMHO, you are only justified to use deadly force if you have reason to believe that your life and/or physical well being (or that of a friend, family, etc) is in danger.... but whatever... as I said... one less scumbag to worry about... Albeit it does set a dangerous precedent to be able to walk out of your house, think someone is messing with your car, and shoot them...
     
  23. striker754

    striker754 Chillin

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    They are defined differently in Texas law. Its like 30.03 and 30.05 or similar.
     
  24. GarandBobcat

    GarandBobcat New Member

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    well, I don't know about Texas, but in California, if you shoot someone in your home, you are automatically presumed, under the law, as being in reasonable fear for your life and limb.
    Of course, there's no protection from civil suit, unlike some states (I'm jealous, does it show?) so anyone planning on defending their home is probably well-advised to have a phone handy and a retreat route in mind: thinking "What else can I do before I have to shoot?" rather than "This guy's in my home, I gotta shoot."

    As to definitions of burglary, I don't recall whether CA draws a distinction between a residence, other building, or vehicle--as long as it's closed and reasonably secured or somesuch.
     
  25. bpa00

    bpa00 New Member

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    I agree 100% with this... A person breaking into your home HAS to be considered a threat to yourself and/or family, and any shooting of such an intruder is 100% justified... If you wait to see how heavily armed sed person or what their intentions are before you shoot, then it might well be too late. This is VASTLY different than leaving your home to engage someone in your driveway...
     

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