(TX) Would-Be Burglars Met with Homeowner's Gun (2x in 1 week)


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Drizzt
April 3, 2005, 12:09 PM
Would-Be Burglars Met with Homeowner's Gun
LAST UPDATE: 3/30/2005 10:24:18 PM
Posted By: Angela Becerra

An east side homeowner confronts burglars with gun in hand, for the second time in four days!

George Shandy grew up in the home on Dawson, and still takes care of it. That's what he was doing on Saturday, when he shot a burglar in the arm. That suspect was arrested.

When Shandy went to the home Tuesday, he noticed the front door was open, and someone had stolen a China hutch. The burglars had left a washer and dryer, as well as a refrigerator, in the center of the living room. Shandy had a hunch the crooks would be back, so he sat and waited for them with his 9mm handgun.

"Because I knew they were coming back for the rest of the stuff so that's why I did what I had to do; I just waited on them," says Shandy.

Sure enough, the two suspects showed up.

"They walked in the front door because they left it open," explains Shandy. "That's when I surprised them, and startled them cause I was sitting in the living room and left this door open. When they got to the washer that's when I told them to stop."

Shandy stopped them in their tracks, called 911, and held the two at gunpoint until officers arrived. Both suspects were arrested.

http://www.woai.com/news/local/story.aspx?content_id=014314DD-5AEB-421D-BEB5-FAB6EF30CE97

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SpookyPistolero
April 3, 2005, 12:16 PM
These stories always give me a warm, fuzzy feeling. But it could also be the coffee I just spilt all over myself...

Others will say he did wrong by not calling the cops and leaving the area, but I say he did right. To each his own.

Biker
April 3, 2005, 01:04 PM
I agree fully, Spook.
Biker

critter
April 3, 2005, 01:17 PM
Yeah, call the cops and leave home. cops come. They do the appropriate paperwork. End of story.

Now, however, the two thieves are caught and aren't free to do the same to somebody else.

GOOD JOB!

chris in va
April 3, 2005, 01:35 PM
Funny thing about living in VA, if you 'hold the BG at gunpoint', that's all you can do. All he has to do is calmly get up and walk out, and we can't do a thing about it.

"Stop! I said STOP. I really really mean it! Hey...get back here. Put my heirloom down dammit!" :rolleyes:

Greymoor
April 3, 2005, 02:48 PM
Thats when they get the blast of Fox Labs pepper spray. As far as I am concerned they can either sit and wait for the cops to arrive or writhe on the floor waiting for the cops to arrive. :evil:

8830
April 3, 2005, 05:36 PM
I'm a cop in TX and love to hear stories like this. He did the right thing waiting for them and being prepared to handle the problem himself. As soon as they stepped inside he could have shot and klled both so I would say they got off lucky.
Question for Chris in VA. So if someone comes in your home to commit a crime you can't shoot them?

Double Naught Spy
April 3, 2005, 05:36 PM
Me thinks George Shandy needs to reconsider some of his overt external security and harden his apparent easy looking homestead target.

Standing Wolf
April 3, 2005, 08:47 PM
Both suspects were arrested.

Both convicted felons will be out on parole in six to twelve months.

Dave R
April 3, 2005, 09:25 PM
Both convicted felons will be out on parole in six to twelve months.

Yup. But we can hope that, after they have come face to face with an armed homeowner, maybe they'll think twice the next time.

sturmruger
April 3, 2005, 11:30 PM
That is a kind of risky waiting for them to come back. I think I would have at least called a few of my shooting buddies over so that the odds were a little more in my favor.

Ukraine Train
April 4, 2005, 12:57 AM
So if someone comes in your home to commit a crime you can't shoot them?
Can't speak for VA but in OH even in your own home you have to have reason to believe you are in danger of grave harm or death before shooting.

TheDutchman
April 4, 2005, 07:18 AM
They would be Dead Men in Texas.

ScottsGT
April 4, 2005, 07:52 AM
Funny thing about living in VA, if you 'hold the BG at gunpoint', that's all you can do. All he has to do is calmly get up and walk out, and we can't do a thing about it.

"Stop! I said STOP. I really really mean it! Hey...get back here. Put my heirloom down dammit!"

Dead men tell no tales...............

280PLUS
April 4, 2005, 08:02 AM
Here in CT we are expected to retreat till we're cornered before we can use our guns.

They call that the law. :rolleyes:

Yup, legally all they have to do is turn their backs and walk away.

Is all of Texas as hot as San Antonio?

I'm liking Texas more and more...

:)

Stand_Watie
April 4, 2005, 09:15 AM
It may not be as bad in Connecticut as you think it is 280 plus.

Connecticut (like most states I think) has a specific exemption to the duty to retreat for your dwelling.

http://www.cga.ct.gov/2005/pub/Chap951.htm#Sec53a-19.htm


b) Notwithstanding the provisions of subsection (a) of this section, a person is not justified in using deadly physical force upon another person if he knows that he can avoid the necessity of using such force with complete safety (1) by retreating, except that the actor shall not be required to retreat if he is in his dwelling, as defined in section 53a-100, or place of work and was not the initial aggressor...

ScottsGT
April 4, 2005, 09:29 AM
except that the actor shall not be required to retreat if he is in his dwelling, as defined in section 53a-100, or place of work and was not the initial aggressor...


Oh great! More laws writted for the Hollywood elite! ;)

scotjute
April 4, 2005, 09:34 AM
As I understand it, in Texas, the instant someone breaks into your house, you are legally justified in shooting. Your house is considered your place of retreat, and once that is breached, deadly force is immediately justified.

280PLUS
April 4, 2005, 09:37 AM
Glad, Happy, no ECSTATIC to be corrected on this one. Very good link too Stand, Thanx!

IRRC We were taught in my pistol class that you must retreat even in your house. Interesting to find we were being misinformed.

Another myth : BUSTED!

:D

Crosshair
April 4, 2005, 09:49 AM
chris in va
Funny thing about living in VA, if you 'hold the BG at gunpoint', that's all you can do. All he has to do is calmly get up and walk out, and we can't do a thing about it.
As long as you don't shoot them in the back, how are they going to know they where trying to leave.

HE'S COMMIN RIGHT FOR US. :neener:

Tinkerer
April 4, 2005, 04:14 PM
Here in NC if they're stealing your car from your driveway, you can't shoot them. If they're in your house stealing your TV, you can't shoot them. However, if they're in the process of breaking into your home, you can shoot them dead. But once they're inside, they can do whatevery they want to your personal property and you can't use deadly force. All you can do is call the police.

ScottsGT
April 4, 2005, 04:31 PM
But once they're inside, they can do whatevery they want to your personal property and you can't use deadly force.

:what: You have got to be kidding us! What if you are "In fear of your life"? SC is the exact opposite. They better be across the threshold or the window sill, and make sure they don't fall backwards when you shoot them! The Sheriff once told my dad to drag them inside and hose any blood off the sidewalk! I guess in NC you would toss them back outside the window and call Stanley Steemer? :D

Azrael256
April 4, 2005, 05:03 PM
I would have at least called a few of my shooting buddies over so that the odds were a little more in my favor. I seem to remember one of the rules of gunfighting being "Bring a friend with a big gun. Have him bring his friends with big guns." Or something to that effect. This guy did alright, but backup sure is nice.

FunGunner
April 4, 2005, 05:16 PM
Lots of stupid rules here in NC, though the most of the LEO's I know, really wouldn't push the issue, if a HD shooting looked pretty clean. Then again there are some parts that you would spend many nights in slammer for a HD shoot.

Bob F.
April 4, 2005, 11:25 PM
S....

S....

S....

280PLUS
April 5, 2005, 06:32 AM
Is it OK to shoot them IN the house and then drag them OUTSIDE so they don't bleed all over the carpet?

:evil:

cookiemonster
April 5, 2005, 07:17 AM
Crosshair wrote:
As long as you don't shoot them in the back, how are they going to know they where trying to leave.

HE'S COMMIN RIGHT FOR US.


Nah...I prefer the more apt....


THIN OUT THEIR NUMBERS.

There Ned, now they won't starve to death. :) lol

God is it good to live in Texas.

Darrell

duckslayer
April 5, 2005, 03:33 PM
But once they're inside, they can do whatevery they want to your personal property and you can't use deadly force. All you can do is call the police.

:eek: Unbelievable! Are you sure about that?

FunGunner
April 5, 2005, 04:31 PM
But once they're inside, they can do whatevery they want to your personal property and you can't use deadly force. All you can do is call the police.

Yep, Justified Self-Defense in North Carolina says " A citizen is legally justified in using deadly force against another IF AND ONLY IF:"

1. The citizen actully believes deadly force is nessary to prevent an imminent threat of death, great bodily harm, or sexual assault, and

2. The facts and curcumstances prompting that belief would cause a person of odinary firmness to believe deadly force was necessary to prevent an imminent threat of death, great bodily harm, or sexual assault, and

3. The citizen using using deadly force was not an instigator or aggressor who voluntarily provocked, entered, or continued the conflict leading to deadly force and

4. Forced used was not excessive (greator that resonably needed to over come the threat posed by a hostile aggressor

Source: Laws governing concealed handgun and use of deadly force Handbook, by the North Carolina Justice Academy, a train the trainer course.



Nope, property dosen't come into play with the letter of the law.

duckslayer
April 5, 2005, 04:38 PM
But if they are in your house, that is a pretty credible threat to your safety, and I, being as reasonable as I believe myself to be (which may be disputed by others:)), would think that if someone enters your home, while you are there, they present a threat that meets criteria for the use of lethal force. Property doesn't even come into play.

goalie
April 5, 2005, 04:42 PM
But once they're inside, they can do whatevery they want to your personal property and you can't use deadly force. All you can do is call the police.

If you shoot an intruder in your house and believe the above quote is true, you need to find a better lawyer. Sure, you might not be alright if you shoot them in the back, but a second year law student should have a pretty easy time convincing a jury that you were in reasonable fear for your life if you shoot them in the front.

Me, I'd rather not shoot anyone and save the 10K on lawyers fees.

:)

Andrew Rothman
April 5, 2005, 05:13 PM
As long as we're whipping them out, here's Minnesota:
609.065 Justifiable taking of life.

The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode.

Bear Gulch
April 5, 2005, 05:16 PM
He probably should have called the law first. But , all in all, a good job.

LiquidTension
April 5, 2005, 06:29 PM
If he had called the police first, the cop cars parked out front just *might* have kept the thugs from coming back. The way he did it was perfect.

FunGunner
April 5, 2005, 08:20 PM
Don't get me wrong, I just said "the letter of the law" and truly believe that most people in NC would see a intruder in your home a threat to the lives of those inside. Though I would have to say that if you are in one of the bigger cities, you are going to have a lot more problems than in a rual setting with a home defense shooting.

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