Scenario: Strange tow truck in your driveway.

[nitrogen]

One of my coworkers asked me about this, since I am "The Gun guy" and I realised I have no clue, so I ask the more learned members of this forum:

Imagine:
You look out your front window at 2:30am and see a tow truck sneakily hooking up to your car, and getting ready to leave with it, without your consent.

You grab your rifle and take one shot, but the truck drives away, and you do not peruse.

The driver is later found, dead, in a ditch.

It's later found that the tow truck driver was a repo man, taking a car that was defaulted on.

How would the law treat this? (I know how I'd treat it if I was on the jury, but we're curious how Texas Law would handle this)

[carlson1]

I would not have taken the shot! That being said I am sure it would be at the very least manslaughter charges filed on the shooter. More likely Murder and then let the shooter plead down. Anyone else.

[HighVelocity]

It would be difficult to convince me or anyone on a jury that you didn't know that your car loan was in default. A reasonable person would know that the tow truck and driver were likely there to reposess the vehicle for non-payment.
There is no way I would shoot in that situation.

Consider this, your vehicle is paid for and you have the title. A tow truck pulls up in the middle of the night and hooks up your vehicle. What do you do then? Obviously, it's not a repo job. It's either a theft or a mistake. People make mistakes every day. I would dial 911 and say my vehicle was being stolen. If the police hadn't arrived by the time the tow truck left, I'd follow in a second vehicle while remaining on the line with the police until a uniformed officer was able to make a stop.

I would NOT go outside to confront the driver. I don't know how many people are out there that I can't see. If it's a thief, he'll probably be ready for a fight and have accomplices out of sight. If it's a repo man, he'll probably be nervous as hell and armed. Going out the door and into a confrontation with either is not exactly my idea of smart.

My .02.

[gregthehand]

Well I did a quick search and couldn't find the article but this happened. The shooter was eventually found not guilty but it cost him a lot of money. If I remember it was some crappy car company who did not go through the proper channels when repossesing cars and sent a tow truck out to repossess a car after a payment was late by one week. So the owner never got a writ of attachement, and just "thought" his car was being stolen. Anyway I can't think of anything I own that would be worth killing someone over. Call the cops, hop in another car if possible, and follow (safely). A tow truck hauling a car is not that hard to follow. Plus most of them are covered with the tow companies number and name so they should not be too hard to identify.

[carlson1]

I would NOT go outside to confront the driver. I don't know how many people are out there that I can't see. If it's a thief, he'll probably be ready for a fight and have accomplices out of sight.

[KD5NRH]

You grab your rifle and take one shot, but the truck drives away, and you do not peruse.

Not sure I'd waste a shot with a rifle here; with the angle of someone driving away on my driveway, (it would be pretty nearly parallel to the right sides of the vehicles) one 12ga 00 buck magnum should take out the right side tires quite handily. That should slow things down enough for a run to the other side and a second shot to clear the left tires if needed. If he keeps going on rims, he'll be slow, easily identified, and leaving a trail of grooves.

Since my car is long since paid for, I'd know this was "theft during the night," and since I can't run fast enough to take any other action, (Aside from yelling, which I would try before shooting, of course.) I would have no other reasonable way to stop the theft.

[KRM45]

One of my coworkers asked me about this, since I am "The Gun guy" and I realised I have no clue, so I ask the more learned members of this forum:

Imagine:
You look out your front window at 2:30am and see a tow truck sneakily hooking up to your car, and getting ready to leave with it, without your consent.

You grab your rifle and take one shot, but the truck drives away, and you do not peruse.

The driver is later found, dead, in a ditch.

It's later found that the tow truck driver was a repo man, taking a car that was defaulted on.

How would the law treat this? (I know how I'd treat it if I was on the jury, but we're curious how Texas Law would handle this)

I don't think I'd shoot in this situation. Not unless I feel threatend in some way.

Cars can be replaced. Of course I may be biased due to my station in life. If the loss of my car meant I could't get to work, or get to the store for food for my kids or I... I might think differently.

I won't second guess what anyone else would do, I just don't think I'd shoot.

[TX Rancher]

To me, my car isn’t worth killing or being killed over, that’s what I have insurance for. I don’t think I would try to shoot out the tires of the tow vehicle, or other methods of trying to disable the vehicle, too iffy. It’s just not worth the hassle to me…

Call 911 and report the theft. I may follow with a second vehicle as noted by gregthehand, but if the guy started driving squirrelly to try and get away (because I got stupid and let him know I was following), I would drop the chase. I have no desire to cause someone else damage by instigating an accident by chasing the truck.

[stevie_d_64]

If it was my wife's car...I'd go back to sleep...

If it was my truck...Well...

Either way, I make sure the notes on the vehicles are paid on time...That way there is no doubt in my mind that someone that bold to come onto my property hook up to one of our vehicles is either making a big mistake (got the address wrong, but the vehicle generally matches what they are trying to repo...An honest mistake, but one that will be resolved on the spot, (no doubt about that), or they are a thief, and other procedures instantly apply...

As for this incident, I remember the story, and I thought the owner acted disproportionately...

But, if there are any out there (in our forum) I apologize, but stand by my analysis, that Repo Operators are generally lower than whale poop in the ocean abyssal plains...

I'd do what I could to avoid risking interaction with them all-together...

[nitrogen]

Pretty much mirrored my thinking. Even though under some circumstances I might even use deadly force to protect property, generally I do not think it's worth it: It's easier to deal with the hassle of insurance and the police reports for a stolen vehicle than it would be to deal with a grand jury and a possible murder rap.

[kauboy]

With regard to use of deadly force, the Texas Penal Code says you shouldn't if:
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means;

It its a tow truck, its not a common thief. Don't get ahead of yourself. As stated above, tow trucks have the name and number plastered on every fender, door, and bumper and it wouldn't be too hard to recover the vehicle. Assuming of course that you have a legal right to do so. (i.e. not a repossession due to failure to pay)

[casselthief]

and since I can't run fast enough to take any other action,

if you went to the gym, you could

See, I live in an Apartment. Things get repo'd all the time. well, not all the time, I don't live in the barrio, but it happens.
me, I'd confront the guy. while packing, of course, but you can talk out a situation easily enough. once a RepoMan gets ahold of your vehicle, if you are in default, they have it. He knows this, so taking two minutes to verify some info isn't a big deal.
You can figure out pretty quick if someone gets nervous when you're calling the cops, which should set off your alarms.
Most thieves aren't going to have a crack swat team of armed thugs backing them up. and I have enough bullets cover several assailants.
and besides, to come runnin' out your front door, just a slingin' hot lead, is irresponsible. Firing when you don't have all the info on the situation is the same thing.

$.02 deposited.

[player_twister]

My Vehicle is my LIFE. May sound bad, but I work 70 miles from my home. I don't work, I don't eat, I don't support my family. My life is ruinied either way. I catch someone steeling my vehicle, their going down.

[nitrogen]

My Vehicle is my LIFE. May sound bad, but I work 70 miles from my home. I don't work, I don't eat, I don't support my family. My life is ruinied either way. I catch someone steeling my vehicle, their going down.

This is why I'm glad Texas law allows for it, even if I wouldn't take advantage of it myself.

[player_twister]

Actually, I would have just called 911 in the past, but I had one vehicle stolen already, and it was a real mess. That vehicle, like my current GT mustang, was long payed off, and I have the required insurance for the State of Texas. I NEVER got my Pathfinder back, it's been over 6 years. Cost me a bundle to replace it.

I won't let them get away next time. Not without a fight. I gurantee it.