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Old November 13, 2011, 05:40 PM   #1
barstoolguru
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Police: Man burglarizing vehicle in Downtown El Paso shot by its owner

The two became involved in a verbal confrontation, and the vehicle's owner, 53, produced a handgun and shot the alleged burglar. Police would not disclose whether the owner had a concealed handgun license. The names were not released.

http://www.elpasotimes.com/ci_193225...ce=most_viewed
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Old November 13, 2011, 06:05 PM   #2
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you might want to add a little so it isn't closed as a drive-by

thanx for posting...my post just put me on the notification list too
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Old November 13, 2011, 08:03 PM   #3
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Can't wait to hear more details, sounds like one less bad guy in the world though.
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Old November 13, 2011, 10:36 PM   #4
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Burglary usually pertains to inhabited dwellings and buildings. Not sure if a car can be burgled. If the crime was not burglary, the shooter loses statutory safe harbor to use deadly force against buglers night or day. Unless the law has been changed, a homicide to stop a theft during daylight hours is not justifiable. But it's El Paso. The shooter will likely walk, and may be allowed to keep the scalp.
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Old November 14, 2011, 12:04 AM   #5
tyme
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The TX statute regarding vehicle break-ins is called vehicle burglary. Whether that's semantically correct or not is an open question, but they're just calling it what the TX legislature called it.

Quote:
Sec. 30.04. BURGLARY OF VEHICLES. (a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft.
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Old November 14, 2011, 01:12 AM   #6
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Quote:
Burglary usually pertains to inhabited dwellings and buildings. Not sure if a car can be burgled.
What burglary may or may not usually pertain to is not relevant in this case. What is relevant is if vehicle burglary is defined by law in the state in which it occurs and in this case, it does. It does in many states.

For a car, home, or other building to be burgled, it need not be occupied in order to fit the definition.

http://www.statutes.legis.state.tx.u.../htm/PE.30.htm
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Old November 14, 2011, 06:06 AM   #7
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Quote:
secret_agent_man wrote:
the shooter loses statutory safe harbor to use deadly force against buglers night or day.
Anyone who insists on playing a little trumpet in the middle of the night deserves to at least get shot at, if not shot...

In the day it depends if they play well.



OK....I'll get my coat...
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Old November 14, 2011, 11:20 AM   #8
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^^^ I see what you did there ...
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Old November 14, 2011, 12:12 PM   #9
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Car burglary is often called burglary of a conveyance as it is in Florida.

Brent
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Old November 14, 2011, 04:01 PM   #10
ltc444
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Sounds like the shooter, 53 was in fear for his life.

Bet the perp was ordered to leave. He refused to comply. Turned toward the owner and threatened him. The owner then defended hiimself.

Hope that is what happened.
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Old November 14, 2011, 04:58 PM   #11
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I keep asking the question, "Is your stuff worth some guy's life", but I suppose that the opposite should be asked of the numbskulls who commit burglaries: "Is some guy's stuff worth your life?"

I guess, though, that if the burglar ransacking your stuff was a thinking man, he wouldn't be a burglar.
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Old November 14, 2011, 05:15 PM   #12
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Just noticed this. Despite the commentary by others, the initial post is a drive by.

Thus, closed.
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