Arlington Homeowner Shoots Car Burglar

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Keith B
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Arlington Homeowner Shoots Car Burglar

Postby Keith B » Sun Feb 12, 2017 6:16 pm

This one may be problematic for the homeowner. Burglary of an unoccupied motor vehicle is only a Class A misdemeanor unless the person has been convicted two or more times of the offence.

http://www.nbcdfw.com/news/local/Teen-S ... 32743.html
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tbrown
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Re: Arlington Homeowner Shoots Car Burglar

Postby tbrown » Sun Feb 12, 2017 6:21 pm

It happened Sunday around 3:00 a.m.

Police said no one will be charged in the shooting.
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Kadelic
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Re: Arlington Homeowner Shoots Car Burglar

Postby Kadelic » Sun Feb 12, 2017 6:28 pm

Since the crime was being committed at night the use of deadly force was justified according to state law.

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Re: Arlington Homeowner Shoots Car Burglar

Postby Keith B » Sun Feb 12, 2017 6:51 pm

tbrown wrote:
It happened Sunday around 3:00 a.m.

Police said no one will be charged in the shooting.


Police said no one will be charged in the shooting. But the case is being referred to the Tarrant County District Attorney's Office.

Burglary of an unoccupied motor vehicle is usually treated differently than actual theft or burglary of a habitation. For theft, there has to be intent shown that the reason they were breaking into the vehicle was to steal it or something in it. And burglary in the penal code is defined only for a habitation or building, not a vehicle (separate section). So, while nighttime does play into it, the guy was not necessarily committing one of the offense listed in penal code 9 for justification of use of deadly force.

So, will be interesting to see how the prosecutor handles this one.
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tbrown
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Re: Arlington Homeowner Shoots Car Burglar

Postby tbrown » Sun Feb 12, 2017 6:55 pm

I thought that was SOP for homicides but maybe things are different in Tarrant County.
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Re: Arlington Homeowner Shoots Car Burglar

Postby Keith B » Sun Feb 12, 2017 7:02 pm

tbrown wrote:I thought that was SOP for homicides but maybe things are different in Tarrant County.


It is, but again, the police may not charge him but let the prosecutor make the call to if there was actually a law broken. Again, it will depend on how the prosecutor looks at Penal Code 30 and 9 to determine if it met the statute and was justified.
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Re: Arlington Homeowner Shoots Car Burglar

Postby crazy2medic » Sun Feb 12, 2017 7:14 pm

Criminal mischief after dark!
Personally i'd have let him try to out run the dogs, but that's just me.
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Re: Arlington Homeowner Shoots Car Burglar

Postby Keith B » Sun Feb 12, 2017 7:20 pm

crazy2medic wrote:Criminal mischief after dark!


Possible. They would be damaging tangible property (vehicle) at night of the homeowner. http://codes.findlaw.com/tx/penal-code/ ... 28-03.html

Again, it's going to depend on the prosecutor. He may actually send it to a Grand Jury to let them decide.
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Re: Arlington Homeowner Shoots Car Burglar

Postby Lambda Force » Sun Feb 12, 2017 8:16 pm

"It's 3am. Do you know where your children are?"
Tyranny is identified by what is legal for government employees but illegal for the citizenry.

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Re: Arlington Homeowner Shoots Car Burglar

Postby bblhd672 » Mon Feb 13, 2017 9:37 am

Since this happened less than 4 miles from my home, I will be watching to see how Arlington DA Office handles this.
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Re: Arlington Homeowner Shoots Car Burglar

Postby Jusme » Mon Feb 13, 2017 9:43 am

Lambda Force wrote:"It's 3am. Do you know where your children are?"



This!!

I read in the Ft. Worth Star Telegram, that a neighbor saw the commotion, and was concerned that it may have been her son. :shock:

While that is a terrifying thought, how could she not know where her teenage son was at 3 a.m.?

I'm sure there will be "community" outrage, and, while I mourn the death of anyone, at 17 he should have been taught, that stealing, or destroying other's property is a losing proposition. People have the right to protect what they work for, and if he hadn't learned that by 17, perhaps his passing will teach others who are no more knowledgeable. JMHO
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Re: Arlington Homeowner Shoots Car Burglar

Postby OldCurlyWolf » Mon Feb 13, 2017 11:05 am

Keith B wrote:
crazy2medic wrote:Criminal mischief after dark!


Possible. They would be damaging tangible property (vehicle) at night of the homeowner. http://codes.findlaw.com/tx/penal-code/ ... 28-03.html

Again, it's going to depend on the prosecutor. He may actually send it to a Grand Jury to let them decide.


Keith,
You know that any homicide justified by law or not has to go before a Grand Jury in Texas It has been black letter law for at least 40 years that I can remember. Probably much longer than that. :evil2:
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Re: Arlington Homeowner Shoots Car Burglar

Postby The Wall » Mon Feb 13, 2017 11:20 am

Isn't trespassing a crime anymore? You're on my property at night, uninvited and breaking into my car wouldn't be a good idea. Think I would have set off my security alarm and then showed him the dangerous end of my 12 gauge. Would depend on circumstances whether I would have shot him or not. Does anyone use rock salt loads anymore? I accidentally set off my alarm one without knowing it and walked across the street to talk to my neighbor. I watched a cop arrive about 3 minutes later. The second one arrived about 30 second after that. Sure glad I payed my false alarm payment to the city.
Last edited by The Wall on Mon Feb 13, 2017 11:24 am, edited 1 time in total.

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Re: Arlington Homeowner Shoots Car Burglar

Postby Keith B » Mon Feb 13, 2017 11:23 am

OldCurlyWolf wrote:Keith,
You know that any homicide justified by law or not has to go before a Grand Jury in Texas It has been black letter law for at least 40 years that I can remember. Probably much longer than that. :evil2:


While it may be SOP, it's not law. See this discussion http://www.texaschlforum.com/viewtopic.php?t=55791
Keith
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Re: Arlington Homeowner Shoots Car Burglar

Postby Jusme » Mon Feb 13, 2017 12:06 pm

The Wall wrote:Isn't trespassing a crime anymore? You're on my property at night, uninvited and breaking into my car wouldn't be a good idea. Think I would have set off my security alarm and then showed him the dangerous end of my 12 gauge. Would depend on circumstances whether I would have shot him or not. Does anyone use rock salt loads anymore? I accidentally set off my alarm one without knowing it and walked across the street to talk to my neighbor. I watched a cop arrive about 3 minutes later. The second one arrived about 30 second after that. Sure glad I payed my false alarm payment to the city.



I think using rock salt in a shotgun is a myth. You would do as much by firing a starter gun. Check out some testing:

http://www.theboxotruth.com/the-box-o-t ... a-shotgun/

Also, it is heck on shotgun barrels, and if you need a defense load, you won't have it available. JMHO
Take away the Second first, and the First is gone in a second :rules: :patriot:


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