Thief shot in Houston while trying to break into car...

Discussion in 'General SA-XD/XD(M) Talk' started by Harvdog, Mar 17, 2006.

  1. Harvdog

    Harvdog XDTalk 100 Member

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    I read this on another forum...not sure how "justified" this is or if I would have done the same thing...

    Thief shot while trying to break into my car...
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    Well last night at about 11:00, my wife and I were watching TV in our bedroom and my son was knocked out. I kept hearing my dogs barking towards the front part of the house. My car was outside my garage and I usually put it in before I go to bed. Anyhow, I look in the back where my dogs are at and they just kept barking and barking......So I kinda go towards the front and I see some guy with a long metal thing going to town trying to open my car, scratching the window and dingin' my key lock.......I run up stairs, grab my .45, went out the back, around the side, out the back gate poped him twice out of 4 shots, the other 2 hit my car . Anyhow wife was histerical, called the cops, wrote out reports, dude went to the hospital, showed proof of my ownership of my weapon and cops took pics of the damage. Anyhow, car will be at the dealer today getting fixed, insurance is covering the damage. Sorry I dont take chances especially with my family......Sucks now cause I wont have my car for about 2 weeks
    __________________
     
  2. nick19

    nick19 XDTalk 500 Member

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    Doesn't Texas still have a law on the books that you can kill a man because "he needed kill'in".

    On a serious note, I believe in Texas you can use force to prevent personal property from being stolen either in your house or not. I'm sure our Lone Star State members will be posting soon.

    Must be a bummer for the repo guys. :lol:
     
  3. Harvdog

    Harvdog XDTalk 100 Member

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    I think I need to check the laws in Virginia regarding personal property.

    Yeah...I didn't think about the repo guys. That's a dangerous job no matter what.
     
  4. canyon

    canyon XDTalk Newbie

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    In Arizona you cannot use deadly force to protect personal property. Only if the scum bag has a weapon and threatens you. canyon
     
  5. rodnocker1

    rodnocker1 XDTalk 500 Member

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    That's correct Nick. In the Texas Statutes under Penal Code Chapter 9, Subchapter D (9.42), it describes the use of deadly force to stop theft, arson, vandalism,etc. to your property ( and your immediate family's property) and also to prevent the perpetrator from getting away after commiting the offenses. I'm not saying it's right to use deadly force in these instances, I'm not saying it's wrong. Everyone has to make that decision for themselves. My Dad used to say "There's nothing in this world (excluding family) that I would shoot a man over for harming or stealing...HOWEVER him thinking he can just walk up and take it because he wants to is a different story. Personally, I tend to agree with my Dad. It makes you wonder how, even with laws on the books like this, we still received a D- from the Brady Bunch.
     
  6. 021411

    021411 XDTalk 1K Member

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    It's legal. I've seen many news stories where people were shot trying to break into cars. Usually "no charges have been filed" were stated at the end of the story.
     
  7. Harvdog

    Harvdog XDTalk 100 Member

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    I just can't fathom that.
     
  8. [TASF]Overkill

    [TASF]Overkill XDTalk 2K Member

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    That's how it damn well should be.

    I hope they were the same fuckers that broke into my dad's truck while we were down there.
     
  9. Parrishco

    Parrishco XDTalk 100 Member Founding Member

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    Can someone elighten me more on this topic. Ive read the state laws for TN and some officers say you use deadly force to stop grand theft and some cant - the law only discusses using force if your life or anothers is in danger. Aside from the moral aspect - which I think you should be able to - is it legal. (I know these are opinions and the whole hoopla - so just tell me what you think or heard and ill use common sense) - As a side note does any one know who is the best city/state official to talk to to get a law summary on topics like this. I contacted the county and city cheif of police with no response from either.
     
  10. jednp

    jednp XDTalk 4K Member

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    Did you try the state patrol? They were the only ones who cared to talk to me about what a law allowed or didn't allow, according to their understanding. Otherwise, my advice from others was to hire a lawyer so I could be told.
     
  11. SharkZF6

    SharkZF6 XDTalk 100 Member

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    One of the many reasons I love living here... ;)
     
  12. Brickboy240

    Brickboy240 XDTalk 25K Member

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    Also, my cop friend has told me that the Deadly Force statute in the Texas Penal Code has provisions for justifiable shooting of a burglar at night. He said that the fact that a defensive shooting happens at night makes a big difference...even if the burglar that gets shot is not armed. If he is on your property at night and is stealing anything...even the 5 dollar lawn sprinkler and you're in fear...you can shoot in Texas and 99% of the time it is justifiable.

    Yes, this state has good laws regarding "on the spot rehabilitation" of burglars. Another reason its great to live here....you are correct.

    - Brickboy240
     
  13. BornOnFire

    BornOnFire XDTalk Newbie

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    In AZ you CAN use deadly force to prevent the commission of first or second degree burglary of your home, Armed Robbery, Arson of an occupied structure, Kidnapping, Manslaughter, Sexual conduct with aminor, Sexual assualt, Child molestation or aggravated assault. ( A.R.S. 13-411)
     
  14. ampleworks

    ampleworks XDTalk 1K Member

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    Everyone could learn a thing or two from Texas.

    People gripeing about this must not have ever been a victim of someone else ripping you off.
     
  15. sturmruger

    sturmruger XDTalk 500 Member

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    Texas is special kind of state that offers law abiding folks more options in what to do when they are confronted with someone stealing, or vandalising their property. Some of the their statutory provisions only apply at night.

    If you don't live in TX do not shoot someone breaking into your car!!! In most of the country this will get you in some serious trouble.
     

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