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Old March 30, 2011, 12:06 PM   #26
freenokia
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Don't just claim to be my friend...I'm dead in the middle. I can see ocean, mountains, Alabama & swamps all from my front porch


Under castle doctrine, no. But under "stand your ground" ???

http://www.georgiainjurylawblog.com/...n-georgia.html



I'm just out to get the tires anyway...They can charge you with anything they like, but, considering the facts, I think it would be right tough for an attempted murder charge to make it to jury. As far as a ticket for discharge...IF they decided to give me one, I think it would be worth it.


But like you said. He's in Denver & I'm in Georgia...
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Old March 30, 2011, 01:15 PM   #27
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Maybe for that charge....But....
-Reckless Endangerment
-Unlawful discharge of a firearm
-Malicious Mischief/Vandalism
And, if you said that you were shooting at the vehicle, then I can possibly see attempted manslaughter OR attempted murder.

How so?

Were you, or someone else in imminent danger of death or serious bodily harm?
Did the subject make or attempt a "violent and tumultuous" entry into your home?
Did the subject draw or handle a firearm, club or cutting instrument in such a way that would make a reasonable person believe that attack was about to happen?

I won't pretend to know the law in Georgia, but I can tell you this--if you did this in WA State, and I were the responding officer, I'd take your complaint, and then place you under arrest for all of the above charges noted.

If the car is driving away, LET IT GO.

Besides, even if you AREN'T charged--and you hit the guy--trust me, you would probably NOT want to drive that car again.
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Old March 30, 2011, 01:45 PM   #28
freenokia
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One thing about it though, brah. He won't be cruisin to Seattle in my truck, now will he.
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Old March 30, 2011, 06:54 PM   #29
flyboyjake
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he, let it go you say. Easy to say when 2 years of your life is driving down the street. I'll never live my life according to what some over zealous prosecutor might possibly charge me with.

I would not have shot at the tire myself, but I wouldnt hold it against someone if they did... If I had the ability however, id have chased the SOB down and vigilanted his arse! You can pull a law out of the books and tell me id go to jail for XYZ, but I wont let legislation make it easier to take my property. God help this person if I find him/her with my truck.

Just sayin'

Last edited by flyboyjake; March 30, 2011 at 07:05 PM. Reason: terrible spelling
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Old March 30, 2011, 07:03 PM   #30
Constantine
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Git em' Jake! The hell with that. Hard earned money and time spent working to get that truck. And some uneducated and possible gang banger in the spur of the moment take that from you in the blink of an eye? Who does that piece of ish think he is? You think he'll have an remorse in killing someone? I doubt it. Again I'm sorry this happened to you.
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Old March 30, 2011, 07:56 PM   #31
Powderman
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Um...OK.

Guys...the truck's INSURED---right? You'll get your money--OR replacement value for the truck back.

So, you invested 2 years worth of salary/wages in the truck? I can see where it means a lot, and where it costs a lot.

Will the equivalent of that salary or wages pay for the attorney's fees you'll need to defend yourself, even for a successful, defensible shoot?

Will that salary repay the wages lost if a grand jury returns a true bill--meaning you go to trial for the shooting?

Is making the thief suffer worth the loss of your job if you're convicted of manslaughter--or, if you pursue the thief, charges of outright murder? How about the time lost while you sit in prison?

And--of course it's worth the felony conviction and all that it entails.

LET IT GO. I don't care HOW much the truck is worth, is it REALLY worth a man's (or even a woman's) life?

And finally, think about it...even if it IS a good shoot, think about the ensuing conversation down the road...

"Yep, some idiot stole my truck. I got out to the driveway in time, and put a round right through his head. Went to court for it, and of course it was justified. Had a time cleaning out the truck though---think they missed some of the brains, though--stinks in here sometime. And, I had to buy some seat covers, blood doesn't seem to come out..."
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Old March 30, 2011, 10:38 PM   #32
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Not only that...

... but freenokia, flyboyjake, and Constantine, you are putting yourselves on record on the forum as saying you'd probably chase, and try to find a justification to shoot, anybody who stole your property.

The internet isn't anonymous, and deleting posts doesn't really make them go away.

Comments like yours could bring down a world of misery if you ever get involved in any sort of shooting incident, because there are good odds that prosecutors or tort attorneys will go through your online history, looking for this kind of thing.

Just a thought.

Otherwise, freenokia, "Stand your ground" laws don't normally apply to vehicles if you are not in them, and they normally also don't cover shooting at people who are trying to escape or elude. There are very few places in the US where a citizen can do this... even in Texas, the law usually requires that the incident occur at night, and/or the property be something that can't be readily replaced.

Your (presumably) insured vehicle wouldn't meet that criterion.
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Old March 30, 2011, 11:32 PM   #33
Achilles11B
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My heartfelt sympathies for your truck. I've had my car broken in to on my driveway before, jerks stole my CD's (yeah, it was a while ago) and tried to gank my stereo. Not even remotely close to the same, but knowing that someone stole from you...it's infuriating.

If possible, I would have tried to apprehend the thief (thieves) at gunpoint. If I was too late, then tough tacos for me. The neighbors would have seen/heard this: a guy shooting a moving truck for no particular reason. No good would have come from that. Again, just one guy's opinion.
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Old March 31, 2011, 02:14 AM   #34
flyboyjake
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Insurance is not free, however, I understand what you are saying. Just because someone will replace it (because I have paid them for years to do so) does not mean I am going to forget about it.

Attorneys who are looking through my records at some future date, know this. If your client or his survivors is caught by me stealing my property, he will have every chance to comply with my demands...but if I feel my life or the life of another is at risk, He is going to get a pill or two where it counts. I am not ashamed or afraid to announce this

Is my truck worth a life? Thats a question that should be asked to the man who decides to take the risk. You could be hung for stealing cattle in the old day, and I think in Texas you still can. If the guy is down the street, im not going to shoot...But if the guy is caught in the act, you can bet the gun is coming out in preparation for some type of confrontation.

Maybe I have a higher respect for personal property...But not all lives are the same to me. If I find myself in a situation where I am about to hit a person, or I could swerve into a brick wall and total my truck, then the life is worth more and I will sacrifice my truck. If I find a man stealing my property, his life is worth little in my eyes...

God bless you all anyway.
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Old March 31, 2011, 02:15 AM   #35
flyboyjake
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and this post makes me a senior member!! HOORAH
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Old March 31, 2011, 01:00 PM   #36
OldMarksman
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Quote:
But if the guy is caught in the act, you can bet the gun is coming out in preparation for some type of confrontation.
Likely result: arrest, conviction, and imprisonment of the person who drew the gun.

Incidents such as these have been appealed all the way to state supreme courts, and the answer is always the same: one may not threaten deadly force to protect tangible, moveable property.

There is one exception: one may do so to stop a thief in Texas at night if there is no other way, or to prevent the taking of property immediately after a burglary or robbery at any time of day, again if there is no other way.

So--is it smart to try that in Texas? Suppose there is a 97% chance that the actor would prevail in court--that he could demonstrate necessity. That means there is a 3% chance that he will lose everything--his fortune, his freedom, his record, and his gun rights. Not a good risk, methinks.
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Old March 31, 2011, 01:40 PM   #37
Glenn E. Meyer
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1. Shooting out the tires is stupid over property.

2. We don't make facetious comments in T and T. That's a way to lose posting ability here.

Using a instrument of deadly force is not to posture or be funny pants. Also, some folks who shot at tires have been arrested. Happened to a guy in Denver, IIRC.

This is a strong hint.
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Old March 31, 2011, 01:45 PM   #38
Stevie-Ray
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Quote:
Um...OK.

Guys...the truck's INSURED---right? You'll get your money--OR replacement value for the truck back.
Yup. And for his loyalty and good credit rating, his rates will get raised, all because some piece of human refuse decided to take something that didn't belong to him-something somebody else had to work for.
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Old March 31, 2011, 02:04 PM   #39
R1145
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There's not much coverage about the aftermath of incidents where lethal force is used against property crimes. I'd like to see some anecdotes, but I believe that the cost for lawyers and civil penalties would make even the loss of a nice truck seem insignificant.

Cultivate a mindset that use of a firearm is ONLY in the event of a threat to life. Even as the OP indicated, showing a weapon to intimidate the thief, is generally considered a crime.

It is my belief that any time you shoot somebody, justified or not, you will get sued. No big deal: Anyone can sue anyone for anything. However, you need to show that you acted reasonably, that there was a credible threat against your safety.

In considering these scenarios, make your plan to prevent the theft, but do not use a firearm for anything except reacting to a threat against your personal safety.

Remember that we are the good guys, and we play by the rules. We win in the end.
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Old March 31, 2011, 02:10 PM   #40
markj
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Years ago my wifes truck was stolen, we didnt get back the extras cash the things we added. But Istill wouldnt run after it and shoot the tires out. What if a ricochet hit a sleeping baby and its mom cause it was feeding etc,.....

Property is just that, it can be and will be replaced. Shooting in this scenario might get you jail and loss of the ability to own a gun at all.


Quote:
but freenokia, flyboyjake, and Constantine
Learn to use your head, leading wit hyour emotions will get you hurt or in a heap O trouble.

gunner? hah now thats too funny that right there.....
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Old March 31, 2011, 02:34 PM   #41
rattletrap1970
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I'd like to have my truck set up like on Bait-Car. Unbreakable windows, auto lock the doors and kill the ignition. Then alert the authorities.... Or better yet, me.
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Old March 31, 2011, 02:37 PM   #42
flyboyjake
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Quote:
Learn to use your head
Learn to use yours, and don't be such a tightwad. There was no need to enter this conversation with an insult, but since you are evidently void of proper human conventions, ill remind you that its not nice or appropriate.

A man committing grand theft auto in my eyes is a man who is capable and willing to use force to prevent getting caught. If I caught the guy, Id be very concerned for my life. I certainly would not approach with nothing but a flashlight. A police officer would have his gun drawn too as he approached the scene.
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Old March 31, 2011, 02:55 PM   #43
Glenn E. Meyer
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If you feel you are insulted, you report it. You don't respond with insults.

Closed - what did I say?
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