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re: Thoughts on this/chasing down thief and killing him

Posted on 3/10/24 at 12:51 pm to
Posted by Indefatigable
Member since Jan 2019
26491 posts
Posted on 3/10/24 at 12:51 pm to
I read the law in your post. I don’t know that it’s going to totally shield someone whose car was stolen, got in a different vehicle, and shot at the stolen vehicle on the road.

I’m glad the thief is dead.
Posted by L1C4
The Ville
Member since Aug 2017
13200 posts
Posted on 3/10/24 at 12:52 pm to
Did he shoot him because he stole the car, or while trying to get the car back?
Posted by Signal Soldier
30.411994,-91.183929
Member since Dec 2010
8196 posts
Posted on 3/10/24 at 12:54 pm to
Great that he recovers his vehicle and takes out the perp in the process, but now he's left with a vehicle with bullet holes and blood in it.
Posted by barry
Location, Location, Location
Member since Aug 2006
50350 posts
Posted on 3/10/24 at 12:54 pm to
I know it’s cool to be on the internet and say this is acceptabe, but in no way is it ok to chase someone down and open fire into the vehicle in any sort of decent society.

Bunch of TD Hardos advocating for chasing someone down and mudering them for theft. I hope you try this and get shot.

Posted by Longhorn Actual
Member since Dec 2023
927 posts
Posted on 3/10/24 at 12:58 pm to
quote:

I read the law in your post. I don’t know that it’s going to totally shield someone whose car was stolen, got in a different vehicle, and shot at the stolen vehicle on the road.


Then your comprehension needs work.

It is not up for debate. It's very clearly written into the law and I even highlighted the relevant elements.

It's not written as "may", "sometimes", etc.

quote:

A person is justified in using deadly force against another to protect land or tangible, movable property


"Is justified." It's stipulated as justified unless the elements are disproven.

quote:

to prevent the other's imminent commission of ... theft during the nighttime


Check

quote:

to prevent the other who is fleeing immediately after committing ... theft during the nighttime from escaping with the property


Check

quote:

he reasonably believes that the land or property cannot be protected or recovered by any other means


Check

quote:

]he reasonably believes that 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


Check

100% justified.
Posted by rundmcrun
Member since Jan 2024
300 posts
Posted on 3/10/24 at 12:59 pm to
This is one of those situations where a little bit of embellishment goes a long way:

"After the thief stole my car he started driving dangerously towards other cars and buildings. I was afraid he would hurt someone in addition to getting away, so I took steps to deal with the threat."
Posted by BayouBlitz
Member since Aug 2007
15843 posts
Posted on 3/10/24 at 1:04 pm to
I disagree. Legally, he's fricked and will go to prison.

I'm not mourning the death of a thief.
Posted by Indefatigable
Member since Jan 2019
26491 posts
Posted on 3/10/24 at 1:05 pm to
quote:

to prevent the other who is fleeing immediately after committing

I think you’ll find that the district attorney’s office and you have different interpretations of what “immediately” means in this context. I’d bet the case law supports their interpretation. This thief had left the property already.

quote:

he reasonably believes that the land or property cannot be protected or recovered by any other means


By the time someone has secured your vehicle and driven away, I’m guessing the legal position on what is reasonable = call the police.

And we’re just talking criminal here. On the civil side, shooting at a moving vehicle from a moving vehicle is hardly ever going to hit the reasonableness bar.

Again, I’m all for thieves being shot. This guy probably went a bridge too far.
This post was edited on 3/10/24 at 1:07 pm
Posted by Longhorn Actual
Member since Dec 2023
927 posts
Posted on 3/10/24 at 1:06 pm to
quote:

This is one of those situations where a little bit of embellishment goes a long way:

"After the thief stole my car he started driving dangerously towards other cars and buildings. I was afraid he would hurt someone in addition to getting away, so I took steps to deal with the threat."


Quite the opposite, actually. Read the law I posted. It is cut and dry. Nothing more needs to be added. "Embellishing", especially saying something like what you've posted, is the worst thing you can do.

"He was in the commission of theft of my property at nighttime and was immediately fleeing with my property. There was no other way to recover my property and using force less than deadly force would have placed me at risk of serious bodily injury or death to myself. I have nothing else to add."

Any other statements would be limited to establishing that your belief was "reasonable." Not your actions. Your belief.
Posted by Longhorn Actual
Member since Dec 2023
927 posts
Posted on 3/10/24 at 1:06 pm to
quote:

I disagree. Legally, he's fricked and will go to prison.



Ban bet?
Posted by ninthward
Boston, MA
Member since May 2007
20433 posts
Posted on 3/10/24 at 1:08 pm to
Hero.
Posted by BayouBlitz
Member since Aug 2007
15843 posts
Posted on 3/10/24 at 1:08 pm to
quote:

Ban bet?


Illegal on TD.
Posted by Indefatigable
Member since Jan 2019
26491 posts
Posted on 3/10/24 at 1:09 pm to
quote:

Illegal on TD.

We’ll call it a migrant bet then.

Kosher?
Posted by SixthAndBarone
Member since Jan 2019
8238 posts
Posted on 3/10/24 at 1:09 pm to
Love that he did that but he’s an idiot for shooting at someone who wasn’t trying to kill him.
Posted by ninthward
Boston, MA
Member since May 2007
20433 posts
Posted on 3/10/24 at 1:10 pm to
It's reasonable to believe the car thief pointed a weapon or what looked like a weapon. Even if he did not have one it's reasonable to believe he did. Case closed.
Posted by LegendInMyMind
Member since Apr 2019
54479 posts
Posted on 3/10/24 at 1:10 pm to
You're talking about a state that convicted a guy of murder who was in his vehicle, surrounded by an angry mob blocking the roadway with one of the mob pointing an AR at him.

Careful with speaking in absolutes in regards to the law.
This post was edited on 3/10/24 at 1:11 pm
Posted by Indefatigable
Member since Jan 2019
26491 posts
Posted on 3/10/24 at 1:10 pm to
quote:

It's reasonable to believe the car thief pointed a weapon or what looked like a weapon. Even if he did not have one it's reasonable to believe he did. Case closed.

Maybe, but it seems like the guy talked to the cops without talking to a lawyer first who would have put these things into play.

Hence case not being closed.
Posted by BayouBlitz
Member since Aug 2007
15843 posts
Posted on 3/10/24 at 1:15 pm to
Let's see how this plays out.
Posted by F1y0n7h3W4LL
Below I-10
Member since Jul 2019
1518 posts
Posted on 3/10/24 at 1:17 pm to
What other crimes would it be justifiable to hunt down the perpetrator and kill him?
Posted by Indefatigable
Member since Jan 2019
26491 posts
Posted on 3/10/24 at 1:22 pm to
quote:

What other crimes would it be justifiable to hunt down the perpetrator and kill him?

If a kid or person was in a car seat in the stolen car when it was taken perhaps.
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