I put this thread in D&D because I see the potential of debate for this case. Would you defend your neighbor's property and "kill" someone? http://www.chron.com/disp/story.mpl/front/5306638.html This guy went too far. He already did his job by calling 9/11 but to go over to the house and shoot the burglars with a shotgun was unnecessary. Definitely not worth it going to prison for. I would understand if it was his OWN house. I am not downplaying his loyalty to his neighbors but shooting for his neighbors is kind of ridiculous.
Oh, I don't know. I wouldn't mind having him as a neighbor. And I can't help but think how much nicer the world would be if we treated our neighbors like family, at the least good friends. Hmmm... Since I work from home and take my smoke breaks outside, I tend to watch out over the neighborhood during the day. No, I'm not sitting out there with a shotgun, but I don't think I can just sit by and watch my neighbors get ripped off even if I had dialed 911. When/if that moment comes I'll decide what to do and to what extent then. But I can guarantee the robbers will know I'm there. No, I don't own a weapon that shoots bullets.
if you live next door to me, calling 911 is fine. i don't want you getting hurt past that. and i've got insurance for the crap inside.
The Dude sounds like some vigilante redneck. There's no way he doesn't do time over killing those guys,
the burglars shouldnt have been stealing in the first place. they knew the risk but they decided to steal anyways. i think the neighbor acted as a good samaritan and should not be charged. yes human life is important but the neighbor is not in the wrong-the burglars are. he was doing what was right and stopped the burglars. i dont think there would be this big fuss if the neighbor got injured while defending his neighbors property. then the news article would praise the neighbor for being so brave...
so had the burglars lived, they should be allowed to sue the neighbor? the burglars knew the risks. took the chance. got shot. died. end of story. why should the neighbor be punished for doing the right thing?
Appreciate your concern. And if we were neighbors, we'd be buds watching the Rockets together, our wives would be drinking ritas on the patio, our kids chasing the dogs around our yards. And after years of being neighborly, I would dare anyone entering your home without your permission. And getting hurt is not my concern. I can't imagine my life if I stepped back every time I thought I would get hurt. weslinder said "We have got to put a higher value on people's lives in this country." History suggest we do and will do more so as time goes on. Maybe this man just had enough of watching people do nothing when a crime is being committed. You see it on the tube everyday, people standing around while watching someone in distress. It certainly sickens me. It just makes me more resolute to get involved in my neighbors/people lives.
you're talking about something entirely different. you're talking about civil matters (private persons suing other private persons) it's criminal to kill someone unless it's in defense of self or property. courts have generally held the defense of property to be one's own property. texas goes further than any state in the union (at last check) in allowing people to defend property with deadly force. other states do not allow that at all. but this is taking it a step further...because this is a man involving himself in the situation. we have police for a reason. we do not encourage vigilantes. that's what this was. and that's generally deemed to be criminal. i would argue that what he did was not "the right thing." past when he dialed 911.
If any of you are my neighbours, please call 911, take pictures, chase away or otherwise discourage someone from breaking into my home. But leave your gun locked up. I don't want anyone being popped on my front lawn. I have insurance for my 'stuff' and could use a new TV and stereo system anyways.
If this is considered legal, what happens if I go to my parents' house while they're away to get something and their neighbor thinks I'm a burglar. Heck, I've been known to do that in the middle of the night. Certainly suspicious, but definitely not illegal.
You definitely don't want to encourage, "shoot first, ask questions later" as public policy. Particularly not over stuff.
Lethal force is not a proportionate response to theft. If the burglars were attacking the neighbor, then fine, but the account I read on the news is that he shot one of them in the back. I hope they throw the book at him. Vigilante "justice" has no place in a civilized society.
I think the old man should have listened to the 911 operator, but he may not have broken the law shooting those men. http://www.self-defender.net/law3.htm Protection of the Property of Others "A person is justified in using force or deadly force against another to protect the property of a third person if he reasonably believes he would be justified to use similar force to protect his own property, and he reasonably believes that there existed an attempt or actual commission of the crime of theft or criminal mischief." "Also, a person is justified in using force or deadly force if he reasonably believes that the third person has requested his protection of property; or he has a legal duty to protect the property; or the third person whose property he is protecting is his spouse, parent or child." Reasonable Belief "It is not necessary that there should be actual danger, as a person has the right to defend his life and person from apparent danger as fully and to the same extent as he would have were the danger real, as it reasonably appeared to him from his standpoint at the time." "In fact, Sec 9.31(a) [of the Penal Code] expressly provides that a person is justified in using deadly force against another when and to the degree he reasonably believes the force is immediately necessary." Here is the new law effective 9/1/07 http://usgovinfo.about.com/b/2007/03/29/texas-to-enact-deadly-force-self-defense-law.htm
yes we have police, but they werent there to control the situation so the neighbor stepped in. police cant be everywhere all the time so during an emergency, citizen have to step up to maintain order. thats what the neighbor did. my question is whether or not the neighbor gave the burglars a warning or just came out blasting. if he came out blasting then there may be a problem bc he is being reckless. but i would think he gave the burglars a warning. they didnt heed the warning. and he shot them.
what you're saying is just flat wrong under the law. you may agree with it. it maybe what you'd want it to be. but it's not the state of the law. you don't have willy-nilly power to keep justice with mortal power whenever and whereever you wish. it's just not so. we'll see what happens though. the prosecutor may decide not to bring it at all.
I think the old man should have listened to the 911 operator, but he may not have broken the law shooting those men. http://www.self-defender.net/law3.htm from glad_ken: Protection of the Property of Others "A person is justified in using force or deadly force against another to protect the property of a third person if he reasonably believes he would be justified to use similar force to protect his own property, and he reasonably believes that there existed an attempt or actual commission of the crime of theft or criminal mischief." "Also, a person is justified in using force or deadly force if he reasonably believes that the third person has requested his protection of property; or he has a legal duty to protect the property; or the third person whose property he is protecting is his spouse, parent or child." Reasonable Belief "It is not necessary that there should be actual danger, as a person has the right to defend his life and person from apparent danger as fully and to the same extent as he would have were the danger real, as it reasonably appeared to him from his standpoint at the time." "In fact, Sec 9.31(a) [of the Penal Code] expressly provides that a person is justified in using deadly force against another when and to the degree he reasonably believes the force is immediately necessary." Here is the new law effective 9/1/07 http://usgovinfo.about.com/b/2007/0...defense-law.htm
forgot to delete "I think the old man should have listened to the 911 operator, but he may not have broken the law shooting those men." some may feel he crossed the line but according to the law, he didnt.
