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Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 1:48 pm
by WildBill
baldeagle wrote:BobCat wrote:No condemnation from me, at all. And I agree with you that we should be pleased with his restraint; legally he probably could have fired when confronted with a knife, since his life was in immediate danger.
However, I would not have intervened because doing so could have escalated the situation from theft to bloodshed.
I wasn't there, don't know the lay of the land or the circumstances or big picture. My mindset is to avoid confrontation, avoid trouble, ignore insults, walk away - but if attacked, to shoot back until I've ended the attack.
This is not "on the side of the gun control proponents". It may be cowardly, it may be despicable compared to someone who would intervene to recover someone's stolen property, or run into a burning building to save an innocent person, but it is a far cry from supporting gun control.
If that's what you got from what I wrote, then please accept my apology. That certainly wasn't my intent.
I think that baldeagle's post has prompted some thought provoking dialog.
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 1:50 pm
by BobCat
No apology needed! I was responding to more than what you wrote; more to my own feelings.
I was conflicted because it *feels* right to tell the thief to stop, to try to set things right, but I know I would not do it for fear of having to "put my money where my mouth is" - that is, if he does not stop but turns and fires at me, having to shoot back.
In reality I would "be a good witness" and call the cops. As much as I'd wish I'd done more, I would take the safer path.
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 1:52 pm
by baldeagle
WildBill wrote:texanron wrote:You're right baldeagle, the article doesn't say what he was stealing. I was speaking in general terms. A poor attempt at humor I guess.
Dang! At least $1500 dollars worth of stuff from a convience store! He must of grabbed a bunch of those fine cigars they sell!
Not neccesarily $1500. If the person has a previous conviction for theft, the charges can be enhanced to a felony.
I wasn't aware of that, so I looked it up. It's actually two previous convictions.
http://www.statutes.legis.state.tx.us/d ... /Pe.31.htm" onclick="window.open(this.href);return false;
(4) a state jail felony if:
(A) the value of the property stolen is $1,500 or more but less than $20,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $20,000;
(B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker;
(C) the property stolen is a firearm, as defined by Section 46.01;
(D) the value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft;
(E) the property stolen is an official ballot or official carrier envelope for an election; or
(F) the value of the property stolen is less than $20,000 and the property stolen is insulated or noninsulated tubing, rods, water gate stems, wire, or cable that consists of at least 50 percent:
(i) aluminum;
(ii) bronze; or
(iii) copper;
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 2:23 pm
by WildBill
baldeagle wrote:WildBill wrote:texanron wrote:You're right baldeagle, the article doesn't say what he was stealing. I was speaking in general terms. A poor attempt at humor I guess.
Dang! At least $1500 dollars worth of stuff from a convience store! He must of grabbed a bunch of those fine cigars they sell!
Not neccesarily $1500. If the person has a previous conviction for theft, the charges can be enhanced to a felony.
baldeagle wrote:I wasn't aware of that, so I looked it up. It's actually two previous convictions.
So it only takes three bags of Doritos to become a felon, if you steal them on three separate occasions.
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 2:39 pm
by baldeagle
WildBill wrote:baldeagle wrote:WildBill wrote:texanron wrote:You're right baldeagle, the article doesn't say what he was stealing. I was speaking in general terms. A poor attempt at humor I guess.
Dang! At least $1500 dollars worth of stuff from a convience store! He must of grabbed a bunch of those fine cigars they sell!
Not neccesarily $1500. If the person has a previous conviction for theft, the charges can be enhanced to a felony.
baldeagle wrote:I wasn't aware of that, so I looked it up. It's actually two previous convictions.
So it only takes three bags of Doritos to become a felon, if you steal them on three separate occasions.
And get caught. And get convicted.
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 2:46 pm
by Keith B
WildBill wrote:So it only takes three bags of Doritos to become a felon, if you steal them on three separate occasions.
Hmm, that makes me wonder, what ever did hapen to the
Frito Bandito?
(And no smart-alec'y age comments from you still wet behind the ears young whipper-snappers either
)
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 3:11 pm
by WildBill
Keith B wrote:WildBill wrote:So it only takes three bags of Doritos to become a felon, if you steal them on three separate occasions.
Hmm, that makes me wonder, what ever did hapen to the
Frito Bandito?
(And no smart-alec'y age comments from you still wet behind the ears young whipper-snappers either
)
I read [on the internet] that he's doing 99 to life at San Quentin.
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 3:17 pm
by Keith B
WildBill wrote:I read [on the internet] that he's doing 99 to life at San Quentin.
Ay, ay, ay, ay!
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 3:28 pm
by MoJo
The Frito Bandito was one of the first victims of Political Correctness.
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 3:31 pm
by gigag04
WildBill wrote:texanron wrote:You're right baldeagle, the article doesn't say what he was stealing. I was speaking in general terms. A poor attempt at humor I guess.
Dang! At least $1500 dollars worth of stuff from a convience store! He must of grabbed a bunch of those fine cigars they sell!
Not neccesarily $1500. If the person has a previous conviction for theft, the charges can be enhanced to a felony.
This. Not sure about OC, but in TX any theft after 2 convictions becomes felony.
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 5:40 pm
by baldeagle
gigag04 wrote:WildBill wrote:texanron wrote:You're right baldeagle, the article doesn't say what he was stealing. I was speaking in general terms. A poor attempt at humor I guess.
Dang! At least $1500 dollars worth of stuff from a convience store! He must of grabbed a bunch of those fine cigars they sell!
Not neccesarily $1500. If the person has a previous conviction for theft, the charges can be enhanced to a felony.
This. Not sure about OC, but in TX any
crime after 2 convictions
should become a felony.
There. Fixed that for ya.
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 6:27 pm
by OldCurlyWolf
Actually, once the knife came out it was aggravated robbery, a first degree felony. Before that, depending on what was said, it was robbery or could have been aggravated robbery. Felony theft is easier to prove. Means a LAZY District Attorney or a plea deal.
Aggravated robbery is committed by committing a robbery using a "Weapon or the Threat of a Weapon".
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 6:52 pm
by WildBill
OldCurlyWolf wrote:Actually, once the knife came out it was aggravated robbery, a first degree felony. Before that, depending on what was said, it was robbery or could have been aggravated robbery. Felony theft is easier to prove. Means a LAZY District Attorney or a plea deal.
Aggravated robbery is committed by committing a robbery using a "Weapon or the Threat of a Weapon".
The knife came out after the robbery.
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 7:17 pm
by Divided Attention
I may be wrong but if the thief pulled a knife (deadly weapon) doesn't that bump theft up to felony regardless of amount?
Re: Man with concealed handgun holds Pinehurst store thief a
Posted: Thu Apr 28, 2011 7:53 pm
by baldeagle
Divided Attention wrote:I may be wrong but if the thief pulled a knife (deadly weapon) doesn't that bump theft up to felony regardless of amount?
He didn't pull the knife during the theft. He pulled the knife outside the store after the CHL holder confronted him and ordered him to stop. I think he could be charged with a crime for threatening the CHL holder with the knife, but the knife wasn't part of the theft, I think. I'm not a lawyer, so I don't really know, but that seems logical to me.