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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Mon Jan 18, 2010 9:11 pm 
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mikeb12 wrote:
Aberration wrote:
If you are going to shoot, always shoot to kill. Always.


I can't believe it! AB is so absolutely correct here... my world is upside down.. LOL!

there is absolutely no reason you should be pointing a gun at someone without the intention to kill them...
You've never had any experience or training with guns other than a firing range, huh , Thunder...


Just keep reading, you will find I am always absolutely correct :rofl:

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Mon Jan 18, 2010 9:16 pm 
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mikeb12 wrote:
dengyong wrote:
It is leagal in the state of Texas to protect ones property with deadly force after dark including killing the person if they are trying to get away is it not ?


if you shoot or kill a unarmed man or woman on your property outside of your house, then you're gonna spend time in court letting a jury decide your fate in TX. I already mentioned the case above.

do you really want to justify gunning down an unarmed man or woman in your front yard? is that what this is about, deng?
I understand your position, and cant say I disagree with it. But that doesn't mean you can gun unarmed people down in your yard because they steal a rake or shovel.

you need to think long and hard about the reality of what you're saying.


Wont be that hard to defend in Texas. Its dark, you dont know if they are armed, and they obviously already have the intent of committing a felony, so why not another in harming you.

Its why no charges were filed and they referred it to a grand jury to investigate.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Mon Jan 18, 2010 9:19 pm 
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I'm not an expert in this arena, deng. and I'm not angry with you. I have some weapons experience and training, and that's it. There are many more that are way more experienced and trained than me. Like I said before I wish I would have kept my mouth shut. I agree with you on the basic premisis of the discussion, not sure how we got opposed.. but somehow it got diverted at the TX law thing.

it's just some opinions in this thread from obviously inexperienced individuals concerning weapons got me a little cooked.. and it was before you even commented.. you just happened to be the one that responded afterwards. we should not be at odds on this.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Mon Jan 18, 2010 9:21 pm 
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Some persons?

Which would those be?

I lean towards thunder thinking you can aim to wound. :D

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Mon Jan 18, 2010 9:28 pm 
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mikeb12 wrote:
I'm not an expert in this arena, deng. and I'm not angry with you. I have some weapons experience and training, and that's it. There are many more that are way more experienced and trained than me. Like I said before I wish I would have kept my mouth shut. I agree with you on the basic premisis of the discussion, not sure how we got opposed.. but somehow it got diverted at the TX law thing.

it's just some opinions in this thread from obviously inexperienced individuals concerning weapons got me a little cooked.. and it was before you even commented.. you just happened to be the one that responded afterwards. we should not be at odds on this.

No worry, we're all sharing opinions here and in listening to others we may change our own.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Mon Jan 18, 2010 9:45 pm 
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Aberration wrote:
Just keep reading, you will find I am always absolutely correct :rofl:

oh my! I think I'm having a Cerebrovascular accident :doh:

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Mon Jan 18, 2010 11:02 pm 
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mikeb12 wrote:
Aberration wrote:
Just keep reading, you will find I am always absolutely correct :rofl:

oh my! I think I'm having a Cerebrovascular accident :doh:


Thats just part of the acceptance.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Mon Jan 18, 2010 11:07 pm 
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dengyong wrote:
mikeb12 wrote:

if you shoot or kill a unarmed man or woman on your property outside of your house, then you're gonna spend time in court letting a jury decide your fate in TX. I already mentioned the case above.

do you really want to justify gunning down an unarmed man or woman in your front yard? is that what this is about, deng?
I understand your position, and cant say I disagree with it. But that doesn't mean you can gun unarmed people down in your yard because they steal a rake or shovel.

you need to think long and hard about the reality of what you're saying.

You seem to be far more worked up about this than myself.... we're haveing a simple discusion here. ;)

If they were stealing from me yes... though I have a dog that stops all that.
If a person were hungry and asked me for food, I would feed them...... to the dogs MUHAHAHAHAHAHHA
.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Mon Jan 18, 2010 11:30 pm 
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You got that backwards. Deng would be feeding them dog.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Mon Jan 18, 2010 11:36 pm 
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Aberration wrote:
You got that backwards. Deng would be feeding them dog.

Image

That's for sure... damn "pencil necked lawyer" type.

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Speederlander wrote:
jesus

"Our revenge will be the laughter of our Children" - Bobby Sands
Psalm 14.1 "The fool hath said in his heart, There is no God"
A filthy racist once said: "Yes, I am racist, but only against gypsies. I have nothing against the color of their skin, but against their way of being..... I'd be all for a Holocaust for those sick bastards!"

corruptissima repvblica plvrimae leges


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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Tue Jan 19, 2010 2:32 am 
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Thieves deserve it. If you point a gun, shoot to kill. I agree with these statements.
However... imagine that you wake up in the middle of the night to see someone fiddling around your car. You take your gun, surprize the hooded thief and shoot him. He's dead on the spot. You go closer and see that you just shot your son. He was going on a date and wanted the car to impress the girl.
Of course he was wrong to try and steal your car. But education is sometimes defeated by peer pressure and in the end the punishment greatly outweighs the crime.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Tue Jan 19, 2010 2:40 am 
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gallardo wrote:
Thieves deserve it. If you point a gun, shoot to kill. I agree with these statements.
However... imagine that you wake up in the middle of the night to see someone fiddling around your car. You take your gun, surprize the hooded thief and shoot him. He's dead on the spot. You go closer and see that you just shot your son. He was going on a date and wanted the car to impress the girl.
Of course he was wrong to try and steal your car. But education is sometimes defeated by peer pressure and in the end the punishment greatly outweighs the crime.

Yeah and what if Santa was entering your home and you shoot him, thinking he's a burglar?
Shit happens, but that doesn't make it the norm.
If there is enough light for you to accuratly aim and shoot the guy, then there's enough light for you to recognise the guy as your son too, I'd think.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Tue Jan 19, 2010 3:04 am 
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Jochenp wrote:
gallardo wrote:
Thieves deserve it. If you point a gun, shoot to kill. I agree with these statements.
However... imagine that you wake up in the middle of the night to see someone fiddling around your car. You take your gun, surprize the hooded thief and shoot him. He's dead on the spot. You go closer and see that you just shot your son. He was going on a date and wanted the car to impress the girl.
Of course he was wrong to try and steal your car. But education is sometimes defeated by peer pressure and in the end the punishment greatly outweighs the crime.

Yeah and what if Santa was entering your home and you shoot him, thinking he's a burglar?
s*** happens, but that doesn't make it the norm.
If there is enough light for you to accuratly aim and shoot the guy, then there's enough light for you to recognise the guy as your son too, I'd think.
Unless Santa has a new bike in the bag, I'm shooting him too. ;)

So nice to come across a thread here with such unanimity.

I'm always glad when mike12 posts on guns. They ain't no joke. Work on that muscle memory Beefy. Hopefully it never comes in handy.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Tue Jan 19, 2010 3:42 am 
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Jochenp wrote:
Yeah and what if Santa was entering your home and you shoot him, thinking he's a burglar?
s*** happens, but that doesn't make it the norm.
If there is enough light for you to accuratly aim and shoot the guy, then there's enough light for you to recognise the guy as your son too, I'd think.

I would define a surprise attack as one where the attacker doesn't see you, ergo you're not in front of him. So how would you recognize your son?
Of course it's not the norm, but that's the kind of situation where you just can't be cautious enough. I'd rather have 100 cars stolen from me than loose someone close.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Tue Jan 19, 2010 3:48 am 
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Jon thinks it's excessive because he's tired of being shot at.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Tue Jan 19, 2010 4:42 am 
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Killing is the easy part, anyone can do that sheeit. Living with yourself after with sleepless nights is the hard part.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Tue Jan 19, 2010 6:42 am 
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thunderstruck wrote:
Am I supposed to assume that you all think this was a fair trade? If so, I assume you also think capital punishment for car burglary is a good idea.

So, the thief has his right to life when the owner's life could the threatened? Is the owner supposed to confront the thief and ask him if he has a weapon, and if he doesn't, he's not allowed to shoot? People own firearms for personal protection when they feel - with good judgment - that their life is in danger.

How would you react if someone was in your house without your permission? I bet you'd grab the baseball bat under you bed and start swinging trying to hit the person at all - not just the knee cap - trying to be humane about disarming the person. Well, what happens if the guy has a gun and you broke his kneecap? He's going to be pissed, and your face is about to have some lead jewelry. Now he is defending himself. I don't remember where I heard it, but there was a case where the burglar got off with no jail time and no charges because someone didn't kill him on the spot, they just maimed him. The homeowner got jail time. Hence, "Dead men tell no tales."

mikeb12 wrote:
do you really want to justify gunning down an unarmed man or woman in your front yard? is that what this is about, deng?
I understand your position, and cant say I disagree with it. But that doesn't mean you can gun unarmed people down in your yard because they steal a rake or shovel.

you need to think long and hard about the reality of what you're saying.

Mike, I have to agree, that the homeowner in this situation will probably spend some time in jail. That's a travesty, in my eyes.

But also, you have to see that your analogy doesn't work here. Stealing a car is very different than stealing a rake. I would hope the court could see that shooting to protect your car is more acceptable than shooting to protect your garden rake. Car - upwards of $20,000, easy. Rake - $10? $20 for one with a rubber coated, ergonomic handle?

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Tue Jan 19, 2010 8:08 am 
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In Texas, you can kill anyone who is trying to steal your crap. If you don't like the law, change it. If you can't, there's simply nothing you can do.

Now that the legal problem is out of the picture, I have two thoughts:
1) I really like the discouragement these stories have on would-be thieves.
2) It's too bad someone had to die.


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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Tue Jan 19, 2010 8:14 am 
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gallardo wrote:
Jochenp wrote:
Yeah and what if Santa was entering your home and you shoot him, thinking he's a burglar?
s*** happens, but that doesn't make it the norm.
If there is enough light for you to accuratly aim and shoot the guy, then there's enough light for you to recognise the guy as your son too, I'd think.

I would define a surprise attack as one where the attacker doesn't see you, ergo you're not in front of him. So how would you recognize your son?
Of course it's not the norm, but that's the kind of situation where you just can't be cautious enough. I'd rather have 100 cars stolen from me than loose someone close.

So you would never defend your property with force?

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Tue Jan 19, 2010 9:20 am 
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Polizei wrote:
So, the thief has his right to life when the owner's life could the threatened? Is the owner supposed to confront the thief and ask him if he has a weapon, and if he doesn't, he's not allowed to shoot? People own firearms for personal protection when they feel - with good judgment - that their life is in danger.

This is a straw man argument and does not apply here unless you really think the owner's life was threatened, which given the circumstances seems very unlikely. An armed man inside his own home having the sights on someone who is attempting to break into his vehicle parked in the driveway--unaware that he is being watched--does not constitute life threatening danger to the owner. He clearly has the upper hand and control of the situation because he has the precious element of surprise. The fact that he made a kill shot should also tell you that he had the time and state of mind to accurately aim his weapon at the culprit, or he is an extremely lucky person. Which one do you think is more likely to be the case?

Polizei wrote:
How would you react if someone was in your house without your permission? I bet you'd grab the baseball bat under you bed and start swinging trying to hit the person at all - not just the knee cap - trying to be humane about disarming the person. Well, what happens if the guy has a gun and you broke his kneecap? He's going to be pissed, and your face is about to have some lead jewelry. Now he is defending himself. I don't remember where I heard it, but there was a case where the burglar got off with no jail time and no charges because someone didn't kill him on the spot, they just maimed him. The homeowner got jail time. Hence, "Dead men tell no tales."

This is a completely different situation than the OP, but I'll answer it anyway. If someone is in my house with a gun and all I have is a baseball bat, then there is nothing I can do because I'm no Jackie Chan and I realize that my life is more important than whatever the burglar can carry out the door. Only an idiot would fight an armed man when he himself is not armed. That's what insurance is for.

The issue here is whether or not deadly force was an appropriate response. In many states (I don't know about Texas, they are pretty backwards) the law states it is unacceptable to use deadly force unless your life is in imminent danger. It is a simple idea that you respond to a threat only to the degree that you are threatened so don't go and shoot someone to death if they are trying to break into your car--a nonlethal situation. It is clear that the owner's life wasn't placed in lethal danger by the car burglar and deadly force wasn't necessary. That is the issue.

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Last edited by thunderstruck on Tue Jan 19, 2010 8:37 pm, edited 1 time in total.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Tue Jan 19, 2010 2:11 pm 
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You think insurance is going to cover the loss? Hell if it will, if you bought a 20K car you will be luckily to get enough to cover what you owe on it. And if its paid off, depending on how you cared for the car, you wont get enough to get a proper replacement.

Insurance is no excuse to let someone steal from you. I am sure theft is a contributor to the cost of insurance, so people are paying for that.

And still, you dont know the situation. Its dark. Cops have many times shot someone in the dark going into their pocket for their ID, and gotten off.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Wed Jan 20, 2010 3:24 am 
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Aberration wrote:
Cops have many times shot someone in the dark going into their pocket for their ID, and gotten off.

So that makes it ok for anyone else to do it? Two wrongs do not make a right.

Jochenp wrote:
So you would never defend your property with force?


If I had the upper hand, of course. If I had a baseball bat I'd come out swinging. But I wouldn't go for a headshot. It's much easier to hit the torso. If I had a gun, I'd think twice before using it, I'd look at the thief and see if he has one. Then I'd take cover, aim the gun at him and tell him to freeze cause I have a loaded gun pointed at him. If he moves, then I shoot.

I believe that's what police officers are trained to do and I think that's probably the best way to go unless you're a ninja or James Bond.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Wed Jan 20, 2010 7:09 am 
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So you say you don't have the time/opportunity to see if it's your son, yet you would first see if he has a gun on him or not.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Wed Jan 20, 2010 6:50 pm 
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I'll opinionate on this thread one more time and give up:

The law regarding shooting someone outside our home, yet still on your property is governed by the "Castle Doctrine".. even in TX.

sure many of you feel you can shoot someone in TX (an make no mistake, when we say say shoot, we mean shoot to kill.. there is no such thing as "shoot to wound in the real world"; no matter how much hollywood has brainwashed you)... once you point that gun at someone and pull the trigger and hit them, it's intent to kill. I dare you to try and tell the story "oh , I was shooting to wound". no one will believe you.

even in Texas, if you shoot someone on your property for theft outside your home, you may be found innocent after it's all said and done after the court hearings. BUT, it will not be without a lengthy court proceeding. You can't just shoot them and have the cops show up and say "oh yeah, that's allowed in TX". it doesn't work that way. You get booked, taken to jail, questioned, and a court date. Particle makes it sound likes it's a clear and free right of all Texans. NOT in the real world. That's fantasy land of the gun fanatics.

Once you spend the night in jail, make bail, and get to court, a jury of your peers may find you justified; but it's gonna cost you.. and they are gonna look at all the evidence. It's a long drawn out expensive ordeal.

there are some general guidelines concerning the castle doctrine, I dont care what state you're in. They will affect how a jury votes:\
Quote:
In general, one (sometimes more) of a variety of conditions must be met before a person can legally use the Castle Doctrine:

* An intruder must be making (or have made) an attempt to unlawfully and/or forcibly enter an occupied home, business or car.
* The intruder must be acting illegally—e.g. the Castle Doctrine does not give the right to attack officers of the law acting in the course of their legal duties
* The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home
* The occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary
* The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force
* The occupant(s) of the home may be required to attempt to exit the house or otherwise retreat (this is called the "Duty to retreat" and most self-defense statutes referred to as examples of "Castle Doctrine" expressly state that the homeowner has no such duty)

In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties.


now all that being said, you really need to think before you just yank that trigger and think you will get off scott free just because you think it is allowed in your state.

I know too many gun adiccts who have not seen actual combat/situations that live the fantasy of gun play in their minds. and after a while, the fantasy becomes the way they think they know how it goes down. I wish I could put them in a real world gun battle to turn the light bulb on in their head. The public is so F*** up concerning many of these things. and luckily most of them, it will only be a fantasy or a nonreal event.

ok, off my soapbox.

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 Post subject: Re: Texan man kills teen who was trying to break into his car
PostPosted: Thu Jan 21, 2010 12:58 am 
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Jochenp wrote:
So you say you don't have the time/opportunity to see if it's your son, yet you would first see if he has a gun on him or not.

No, I said that I would take the time to inspect the situation instead of going in guns blazing. If I shoot first, ask questions later I might regret it. If I say "freeze, I've got a loaded gun", first thing he'll say is "Dad, it's me!!".

Seriously, one would think it's common sense to make sure that you really want to shoot before pulling the trigger. Apparently not for some. :crazy:

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