Neighbor shoots burglars on tape!

Neighbor shoots burglars on tape!

PostBy: e.alleg On: Fri Nov 16, 2007 3:06 pm

http://www.chron.com/disp/story.mpl/front/5306638.html


updated 10:20 a.m. ET, Fri., Nov. 16, 2007

PASADENA, Texas - The 911 call a Pasadena man made before he shot and killed two suspected burglars was released Thursday, KPRC Local 2 reported. The man made the call when he saw two men climb out a window of his neighbor's home on 7400 block of Timberline Drive in the Village Grove East subdivision on Wednesday.

Operator: "I've got officers coming out there. I don't want you to go outside that house and I don't want you to have that gun in your hand when those officers are poking around out there."

Caller: "I understand that, but I have a right to protect myself too, sir." The 911 operator warned the man several times to stay in his home. The man took matters into his own hands and confronted the burglars, police said.

Caller: "Here it goes, buddy." (sound of shotgun pumping) "You hear the shotgun clicking and I'm going."

Operator: "Don't go outside." (sound of shotgun pumping)

The man became upset as he described seeing two men leaving his neighbor's home.

Caller: "They got a bag of something."

Operator: "Don't go outside the house."

Caller: "I'm doing it."

Operator: "Mr. (blank), do not go outside the house."

Caller: "I'm sorry. This ain't right, buddy."

Operator: You're going to get yourself shot if you go outside that house with the gun."

Caller: "You wanna make a bet? I'm going to kill them."

Moments later, in portion of the tape KPRC Local 2 chose not to release, a shotgun was heard firing at least twice.

Both suspects died at the scene. Their names have not been released.

Police found a pillowcase stuffed with hundreds of dollars.

In the aftermath, the 911 operator tried to get a handle on the situation.

Operator: "Put that gun down before you shoot an officer of mine. I've got several officers out there without uniforms on."

Caller: "I'm in the front yard right now."

Operator: "Put that gun down!"

Police said the investigation into whether or not the shooter acted appropriately is ongoing. They spent most of Thursday taking precise measurements of the scene.

According to KPRC Local 2 legal analyst Brian Wice, a neighbor is permitted to use deadly force only if he has been asked to protect the other neighbor's property. Police said it is not clear if that was the case in this situation
e.alleg
 
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Re: Neighbor shoots burglars on tape!

PostBy: Flyer5 On: Sun Nov 18, 2007 2:29 am

He should get a medal . Bet you no one will rob that area for a while .
Flyer5
 
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Re: Neighbor shoots burglars on tape!

PostBy: ktm rider On: Sun Nov 18, 2007 8:48 am

Were the burglars armed? If not he could be in a world of trouble. I commend this guy but, in my opinion he didn't use his head all that much. Was a bag full of SOMEONE ELSE'S property worth risking life in prison?
Now if they were inside HIS house I say shoot them again just for good measure...

I have a feeling this guy will be going to jail unfortunately. :(
Last edited by ktm rider on Sun Nov 18, 2007 1:53 pm, edited 1 time in total.
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Re: Neighbor shoots burglars on tape!

PostBy: coaledsweat On: Sun Nov 18, 2007 8:59 am

He may have a chance in Texas, they aren't all that warm and fuzzy about people breaking into homes and stealing. But killing them with no threat of harm to himself or others would probably get him a very long prison sentence in most states.
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Re: Neighbor shoots burglars on tape!

PostBy: Matthaus On: Sun Nov 18, 2007 9:16 am

First rule, drag em inside your house after you shoot em! ;)
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Re: Neighbor shoots burglars on tape!

PostBy: Richard S. On: Sun Nov 18, 2007 11:47 am

He may very well not go to jail or even be charged.

§ 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in
lawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
prevent or terminate the other's trespass on the land or unlawful
interference with the property.
(b) A person unlawfully dispossessed of land or tangible,
movable property by another is justified in using force against the
other when and to the degree the actor reasonably believes the force
is immediately necessary to reenter the land or recover the
property if the actor uses the force immediately or in fresh pursuit
after the dispossession and:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
is justified in using force or deadly force against another to
protect land or tangible, movable property of a third person if,
under the circumstances as he reasonably believes them to be, the
actor would be justified under Section 9.41 or 9.42 in using force
or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful
interference constitutes attempted or consummated theft of or
criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection
of the land or property;
(B) he has a legal duty to protect the third
person's land or property; or
(C) the third person whose land or property he
uses force or deadly force to protect is the actor's spouse, parent,
or child, resides with the actor, or is under the actor's care.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.


http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000009.00.htm#9.31.00

:lol: We need some of theose Texas legislators here in PA.
Richard S.
 
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Re: Neighbor shoots burglars on tape!

PostBy: Dallas On: Sun Nov 18, 2007 12:21 pm

I think, knowing that the neighbor might stick his gun out the door and blow your a$$ away, would do more to deter crime, than thinking you might go to jail, if you got caught.

Plus, I think having a law like that, would make it a bit easier to poke the gun out the door.
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Re: Neighbor shoots burglars on tape!

PostBy: gaw On: Sun Nov 18, 2007 12:33 pm

Saw this story on TV a day or two ago. The guy was not charged or arrested at that time for anything. Of course they played the 911 call and then followed up with an interview of the crying wife of one of the ex-burglars and I think she was holding a young child (future burglar). I think they wanted me to feel sorry for the poor schmuck that just got blown away but I couldn't do it. Oh! and don't forget I'll bet he was just starting to change his life around :yearight:
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Re: Neighbor shoots burglars on tape!

PostBy: Dallas On: Sun Nov 18, 2007 1:07 pm

gaw wrote: ex-burglars


If the burglar had been spared and had gone to jail, you wouldn't have been able to refer to him as an "ex-burglar". :no2:
Dallas
 
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