[POLL] Burglar shot, killed by neighbors watching home

No race mention = burglar was white.

 

reminds me of:

 

Why did this come up? Is there some controversy? Is someone saying it wasn't justifiable/legal?

 

From the Joe Horn, the other Joe Horn, case under Texas law what they did was legal my own opinion is still unjustifiable for two reasons. The first is that property theft or vandalizing doesn't rise to something that I would consider requiring deadly force. That doesn't mean you just let the guys get away with it. Call the police try to observe the burglars as much as possible and give all of that info to the police.

The second is one that I don't hear brought up a lot in these vigilante cases but is something everyone should consider when they think about taking the law in their own hands. What if the burglars were armed and instead ended up shooting the two do-gooders? While these people might believe they are doing the right thing for their neighbor it's not worth risking their own safety to just protect property and not life.

 

Good take. I'll shoot anyone that I find in MY house, but if it's my neighbor's house and I know they aren't home, I'll call the police and wait for them to handle it. There is no way I'm going into that house for fear of what you stated; losing my life isn't worth my neighbor's belongings being stolen.

 

Legal but stupid. I would have called the cops and sat outside with my gun.

 

So they're locked in a bathroom and rather than call police you try to open the locked door to confront the person? This is one of those cases of can you vs should you. You can shoot someone in that situation but you're better off calling police and letting them deal with it. Now they're going to get sued in civil court and will incur a lot of legal fees.

 

It is illegal and unjustified
1. I don't see at any point where the cops were called - Nancy Drew and the Hardy boy just started playing scooby doo.
2. They scream WE GO GUNS - Guns don't make you cops or authority figures - you could have been another set of robbers - they robber had NO reason to submit to your will

This GI JOE shootem up **** had got to stop .

Rocket River

 

One more things . . . . we have no idea how it all went down
we have to simple 'TAKE THE SHOOTERS WORD FOR IT" because the other guy is dead

Why would they lie? BECAUSE THEY DON'T WANNA GO TO JAIL.

Rocket River

 

These neighbors were on high alter because the house across had just been robbed two nights prior. No sense of security in their own neighborhood and house. Read one neighbor's comments: I'm scared to death

You said it in another thread that cops are just security guards who file paperwork.

So then, how do you make a problem stop? These people showing back up 2 days later? That's brazen. How do you gain your security back if the cops ain't gonna do CHIT--like you say cuz they just show up to write tickets and file paperwork. Fortunately for the Nancy & Hardy and unfortunate for the POS dead guy the law is on their side.

 

It doesn't matter. If you willing to break into someone's house, you run the chance of getting shot, period. This isn't walking down the street. This is going into someone's domicile.

Now, if it turns out that they shot him for the hell of it outside the house. That is different, but I imagine there will be blood in the house.

 

In Texas, it is legal even if you don't think it should be. You can use deadly force to protect your domicile or another that you care for. Here is the law.


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
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
- See more at: http://codes.lp.findlaw.com/txstatutes/PE/2/9/D/9.42#sthash.Gyz7NkOk.dpuf

 

I can't say its illegal as I am no legal expert but I think (if the recounting of the story is accurate) it is semi-justified. This is one of the worst possible outcomes but the burglar completely brought it on himself. I bet the neighbors were ecstatic when they realized they could go next door and play cop. I know that sparkle in the eye these nutjobs with a gun fetish get when they talk about what they would do if someone broke in and they had to defend themselves, its almost like they want it to happen.

Lesson #1: don't break into people's houses in Texas, either they will shoot you or the neighbors will

 

Just an add on to the above quote. Here is the exact wording in the Texas penal code of the law when it comes to the justifiable use of deadly force when defending a third person's (your neighbor's) property from theft.

Link:
http://http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.9.htm

the bolded part is where this case more than likely will fall.

 

To me there is never any justification to put yourself in a position where you might kill someone over material crap like possessions.

I'm sure it's legal in Texas, but to me there's no justification for killing anyone. I understand that everyone's perspective is different.

 

Dumb ****s are lucky they didn't get shot themselves.

Sure it was legal but it was really really stupid.

 

When someone does something illegal where they put themselves in a position knowing they can get shot or caught and sent to jail, you have a right to do whatever you need to do for your stuff (not their own stuff in this case, but I assume they are treating it like it is).

I agree a life is more valuable than material possessions, BUT the thief by attempted to rob someone is essentially saying his life is not more valuable than possessions because he is risking his life for them.

 

Don't rob, don't die.