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KBCraig

Lykoi wrote:
FightinAggieCHL wrote:http://www.youtube.com/watch?v=odnyfYa4 ... h_response
interesting stance from the attorney.. the fear for his life stemmed possibly from the 911 operator's insistence that if he went outside his life would be in danger.

<larrythecableguy>
I don't care who you are, that's good lawyerin' rite chere, by goll!
</larrythecableguy>

Watching a good lawyer work PR spin (no offense, Chas., et al.!) is like driving past a fatal car wreck: you can't help but watch, even if you have to choke back your supper.

I think the perfect pre-law path for a defense attorney would be a sociopath majoring in Literature: no conscience or sense of guilty, and a highly developed skill for willing suspension of disbelief.

KBCraig

TxBlonde wrote:What if that money they stole was for something very important like a needed surgery. If they had gotten away how would of that homeowner been able to prove he even had the money.

Even if he could prove it (time-stamped photos, notorized list of bills by serial number, etc.), it wouldn't matter: homeowner's insurance does not cover stolen cash.

KBCraig

Lucky45 wrote:
Venus Pax wrote:Mars had a question about this the other night while we were watching the news. He questioned how it was that the black burglars had Spanish surnames and were from the Carribbean.
Mainly, Dominican Republic and Puerto Rico are a stones throw away from each other, and since Christopher Colombus discovered Dominican Republic (Hispaniola), then the official language since 1492 has been SPANISH. That is really why almost everyone on both islands have a spanish surname. Puerto Rico only became a US territory in last couple decades.

Cubans, Hondurans, Panamanians, Colombians, Ecuadorians, etc., tend to be black as well as Hispanic. (Not all, but a sizable portion.)

KBCraig

Not in response to any new item or any post, but...

Thieves steal. When they steal, they steal the portion of your life that you labored to pay for the goods they stole. "But that's why we have insurance!" you say? Well, then... who pays for that insurance? The thief? No, the thieves also steal from you the price you pay for insurance, especially if your rates go up when you report a claim.

Property is worth the thief's life.

It's not, however, worth my life, which is what our current legal system would demand when you add up the criminal and civil costs.

Pragmatism is evil. But sometimes, it's just plain pragmatic.

Kevin

KBCraig

I had to admire his attitude at the very end. Didn't have a gun, had 911 on the phone, was standing in his open front yard waving his hand...
"Get down on the ground, NOW!"
"No."

LOL

KBCraig

Doug.38PR wrote:
Doug.38PR wrote:
Quote:
No, deadly force in response to a theft is retricted to the nighttime. DF to stop a BURGLARY is not so restricted.

Exactly. So Doesn't that alone give the DA legal grounds to go after him?

txinvestigator wrote:
Uhh, I am pretty sure he was stopping a burglary, no?

Well....

Â§ 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

Doug, you're parsing that wrong. Here's how 2.A and 2.B read:
A)...commission of:
- arson;
- burglary; or,
- criminal mischief during the nighttime; or
B)...prevent...immediately after committing:
- burglary;
- robbery;
- aggravated robbery; or,
- theft during the nighttime ;
from escaping with the property

"During the nighttime" only applies to theft and criminal mischief, not to arson, burglary, robbery, or aggravated robbery.

KBCraig

Couple of thoughts...

The narrative of the 911 tape says the dispatcher told him to stay put, then we hear the shotgun racking, then two shots. No mention is made of any warning or challenge or anything else being said by the man. Later down, the police captain says the man told the burglars to stop. I wonder if that 's supported by the tape.

Second, whether or not the burglars were illegal aliens, and whether or not they have long criminal histories, is irrelevant. The man had no way of knowing those things, and even if he had known doesn't bear on the shooting being justifiable or not.

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