Once Again, Killing Thieves has Consequences

When I go to bed at night I make it a point to leave a plate of the wifes home made cookies by the front door, the kitchen door and the living room door. Anyone breaking in is surely going to partake of a cookie or two thereby making it unnecessary for me to shoot them.

If the cookies are that bad, those crooks may want to be shot!
 
Simply put, you cannot use deadly force unless you are threatened with deadly force.

Everything else is commentary.

So you drag my wife to a car saying you will rape ect. them , no deadly
force implied. Guess what? I will do what it takes. What is you
r commentary to that?
Come and take it!!
 
If the article was accurate (BIG if) then the crime was a pettit larceny or shoplifting, a misdemeanor. Most people think a "robbery" happens anytime something is stolen from a business but that's not accurate. I feel bad for this guy, he has BIG legal problems.
 
Not in Kalifornia

I probably would shoot someone over beer but you have to draw the line somewhere. Is he supposed to allow people to steal beer from the store whenever they want? That's a lot of money lost and will add up fast. You can run a business like that. I wish he got the 2nd one as well.

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You can bet you eye teeth that regardless of how the law states, it would not be invoked in Kalifornia.
 
We'll see what the grand jury says.

I was in ABQ a couple of years ago testifying in an old reservation rape case and had lunch with an AUSA friend. She had just been no-billed by the federal grand jury on a case where an older Native man who had been the victim of a bunch of thefts heard someone messing around with his horse trailer. He stuck his rez-standard Marlin Model 60 out the window and touched off a flurry of rounds. The next morning he went out to check and wondered: Hey! Who put this dead 19 year old girl by my trailer?

I agree shooting at people over some 7-11 beer is foolish. I'd just get the plate and call the cops, who would most likely not care.

Why do you think the cops would blow this off?
 
This reminds me of an incident when I was a rookie LEO in the early 70s.

After the swing shift, I stopped by a liquor store where a friend was working. He was ex LAPD which has nothing to do with the story.

While in the store, a guy came in and looked around and then left. I said to my friend: "Thats a henky looking guy." A few minutes later, he was back in again and picked up a case of beer and then ran out to his PU. I followed him out to get a license plate number and the next thing I know; my friend was next to me shooting the tailgate of the perp's PU full of holes with a 380 semi-auto. As VN vet, I instinctively ducked and went for cover behind a convenient car, and I never did get the license plate number.

The truck was never located so there was never any judicial action against my buddy or against the perp. It was interesting and even as a rookie, I was pretty sure that that was not how to handle a shoplifter. It was the first of many gun related incidents that I would eventually handle or participate in.
 
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Good thing I'm not on the jury cause as I see it, the killer was wrong for chasing the thief out the door and then shooting him in the car. Standard ruling as as I know it, if the thief gets out the door, wether your home or any other location, they are on free ground and you are no longer defending your life.[/QUOTE]

In downtown Minneapolis, a young man pistol whipped an old lady and stole her purse. A gentleman with a carry permit gave chase and caught the young miscreant. When the youngster attempted to use his weapon to dispute the recovery, he was slow, then dead. Law says you have a legal right to attempt to recover stolen property, which the armed gentleman did. When the troubled youth disputed the recovery with a weapon, it became self defense and in this case, right prevailed. The young mans sister witnessed the event and tried to get the armed man arrested but wound up in jail as an accessory to the theft. The court saw the recovery and shooting as separate events. Apparently, there are situations where practicing draw and shoot will help.

As for store property, I was trained to let management handle it. As I was management, I decided that I owned nothing in the store. If the store was really concerned, they could hire armed security.
 
When I go to bed at night I make it a point to leave a plate of the wifes home made cookies by the front door, the kitchen door and the living room door. Anyone breaking in is surely going to partake of a cookie or two thereby making it unnecessary for me to shoot them.

Depending on the cookie, it could well be a shootin' offense, especially if there's also a cold glass of milk in imminent jeopardy. .
 
I think the clerk's problem is, an employee, it was not his personal property.

From an actual Texas lawyer's website:

Texas Law - Deadly Force Defense of Property - CCW Safe National | CCW Safe Weapon Liability | CCW Safe Defense Attorneys

Look up the case of Joe Horn. Shot a thief crawling out his neighbors window. After that my neighbors and I all gave each other written permission to defend each others homes. We called it the "Joe Horn Rules".

As a sidebar Joe Horn got off but it totally ruined his life.

A little more to the Joe Horn case.
Two guys were burglarizing his neighbors house in broad daylight.
Joe called 911 to report it.
The 911 operator told him to stay inside help was on the way.
Joe said he was going to stop it. And you could hear him rack a shell in his shotgun.
He went out in his front yard.
The two burglars came into his yard.
Hot shot both of them and they died in his yard.
A plain cloths officer was putting on his vest and saw everything happen.
The local community activists cried to high Heaven.
Judge, Jury, executioner etc.
The Grand Jury no billed him.
Happened not far from me. I know some of his neighbors.
It was very costly for him. Finally moved away.

As a note the robbers were unarmed. But the only way anyone could tell would be if they were naked. So he did not know for sure.
 
Now as how the law responds to all crime. It really depends on where you live. I think and I believe it has been proven. You get the response to crime depending on where you live and how you vote.
My answer is more prisons. Some folks can't live peacefully in a civilized society. They have to be locked up to protect the law abiding citizens.
 
Most all of us understand

The clerk's life was not at risk and he had no justification to use lethal force.

BUT it will be interesting to follow the case and see what the outcome is for the clerk.

I read the article and having lived in west Texas for some years a while back, we may be surprised.
 
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