Bizarre gun theft story

[coloradokevin]

Some burglars expect the job to be a challenge. Make it too easy for them, they feel insulted. That's why I always try to remember to to take my keys and lock the door. Don't want to hurt the sensitivities of a hard working thief.

While I wouldn't presume to be able to understand the mindset of every single burglar on this planet, I think I can speak with a wealth of professional experience on this subject when I say that the overwhelming majority of burglars are NOT looking for any type of challenge; they're looking for an easy score with minimal resistance.

Burglars are generally opportunistic scavengers. Admittedly, some of them have routine patterns of behavior from which we can establish a modus operandi, but they aren't typically looking to be challenged... they're looking to rip someone off without being caught. Many of them are junkies who are doing so to feed an addiction, and a lot of those burglaries are so silly that it almost makes you laugh to investigate them (ex: I once had a smash-grab burglar who took a cheap point-shoot camera from a table in a kitchen and failed to notice $500 in cash sitting right next to it. Another time I caught a barefooted burglar without a vehicle in the act as he attempted to steal a refrigerator that probably weighed 500 lbs).

In this instance I suspect that theft was not the motivation of the alleged "thief". I think this person was trying to teach a lesson to the homeowner, and I think the homeowner got the message.

 

[Carl N. Brown]

Most are lazy opportunists, and the least you do security-wise will thwart over 90% of them. I'll concede that point. But some watch Topkapi on the late show and like to think of themselves as Maximilian Schell.

 

[Double Naught Spy]

Burglars are generally opportunistic scavengers.

Most are lazy opportunists, and the least you do security-wise will thwart over 90% of them.

Opportunism in the business world often results in higher profits. Being opporunistic if often a way to really come out ahead. It can be a smart strategy for many tasks.

As for being "lazy," when a person finds an easier way to get a job done in the business world, it is called efficiency.

Such laziness and opportunism about which y'all speak is actually pretty darned smart. Why work harder when you can work smarter.

Is it smart to steal? Nope, but if you are going to steal, why not do it the easiest way possible if it meets your needs?

If you want to really talk about lazy, consider the folks who can't be bothered to go the extra millimeter to press the button to lock their cars.

 

[Salmoneye]

I think it is pretty obvious that the person that removed the gun and knife (and left the 'message') knew that the gun and knife were in the vehicle...

 

[Vincent Vash]

Makes me think it might have been somebody trying to show the guy that keeping a gun in an unlocked car was dumb...

 

[roadchoad]

I question the use because burglary is basically defined as entering a property with intent to commit a criminal offense. What offense was committed, if nothing else was missing?

I think this guy is just POed because someone called him out. If so, he's as bad as the guy in the Ladies day thread.

 

[CoRoMo]

...burglary is basically defined as entering a property with intent to commit a criminal offense.

Okay. So your cool with the term 'burglar' here? It certainly fits your definition. Don't you agree with these two points:

• He entered, without authorization, the vehicle of the gun owner.
• His intention was to remove some property from that vehicle.

Even if he never considered his intended actions to be illegal, ignorance of the law is no excuse. His intentions were to carry out an act that was in fact criminal, regardless of his view of that act.

I'm still surprised that it could be categorized as 'armed burglary'.

 

[Certaindeaf]

Note the "dwelling" part as is defined to constitute burglary:

http://legal-dictionary.thefreedictionary.com/Burglary

This was certainly not burglary, as many have said repeatedly.

 

[roadchoad]

CoRoMo, no, I am not cool with it. What offense did he commit?

By your standards, if you drop your wallet, and I pick it up to hand it back to you, I am a thief! lol

 

[CoRoMo]

By your standards...

Show me where I outlined 'my standards'. I'm simply trying to line up what we know from the article, and I'm trying to understand how this guy gets a special exemption from you regarding the laws he broke.

What offense did he commit?

I'll try and make an effort to follow the case so that I can give you a definitive answer to that question.

Another article about it here:

http://news.yahoo.com/blogs/sidesho...tolen-weapons-returned-message-190158697.html

...police are still looking for the person who swiped and returned the gun and knife. He or she could face charges of armed burglary, WPBF reported.

What is interesting is the persistent use of the phrase 'armed burglary'. I have to believe that the PD is taking this seriously, so forgive me if I'm just a tiny bit confused when I read some here giving the suspect a virtual pat on the back. I understand that many of you believe the intruder to be an honest and innocent person. None of us like to hear talk without walk, so please follow through and contact the department who is investigating this incident and plead with them to drop the search for the individual in question. Here's their contact page: http://www.pslpd.us/pdweb/ContactUs/tabid/95/Default.aspx

 

[roadchoad]

Maybe I should have used the word "logic," but you get my drift. Again, what law did he break? What property is missing? Further, what harm was done to this person that he needs charges pressed against this supposed "burglar"?

EDIT: Apparently the rounds are missing, so yeah, the guy is a burglar, but he did not steal a gun or knife. Had the gun remained loaded, I still say this was not a burglary.

 

[Certaindeaf]

The last I heard though I'm no lawyer is that if someone "borrows"/uses (and perhaps later returns?) in an unauthorized fashion a whole automobile complete with all its contents, it's not even theft, let alone burglary. Even though he "stole/used" some gasoline etc.

 

[coloradokevin]

Okay. So your cool with the term 'burglar' here? It certainly fits your definition. Don't you agree with these two points:
He entered, without authorization, the vehicle of the gun owner.
His intention was to remove some property from that vehicle.

No, it doesn't fit the criteria of a burglary, at least by the standards of the state that both you and I live in. Feel free to read through the statute if you'd like, but this was not a burglary by Colorado standards (again, I have no idea about FL law):

http://www.lexisnexis.com/hottopics/Colorado/

Also, there's no proof that the person actually "entered" the vehicle, and it sounds clear from the news story that the person didn't force his way into the vehicle in any way. In my jurisdiction the DA will not accept even a Criminal Trespass (motor vehicle) for someone just reaching into a vehicle. If the person got into the vehicle this crime would be applicable, but it still wouldn't make the crime a burglary (or the "criminal", by definition, a burglar).

At that point you're left with a simple misdemeanor theft. But, the elements of theft include knowingly and permanently depriving someone of something of value, which also wasn't done here (that's not exact legal language, but close).

 

[Double Naught Spy]

Note the "dwelling" part as is defined to constitute burglary:

http://legal-dictionary.thefreedictionary.com/Burglary

This was certainly not burglary, as many have said repeatedly.

Your legal dictionary is nice, but it doesn't take into account specific state laws such as those laws in Florida. Many states include vehicles and convenances as burlgarable. In fact, it is specifically stipulated under Florida law, Chapter 810.2(1)(b). The "intent" is the removal of property from said conveyance, which I believe falls under being a felony in this case.

(b) For offenses committed after July 1, 2001, “burglary” means:
1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or

2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
a. Surreptitiously, with the intent to commit an offense therein;

b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or

c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.

(2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender:
(a) Makes an assault or battery upon any person; or

(b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or

If the items were removed from the interior of the vehicle, then the vehicle was entered and hence was burgled. Burglary does not involve only the complete entry of the the entire body.

 

[Hugo]

Odds are good the burglar just wanted money but didn't want the added "heat" of the police busting him for stealing the firearm.

 

[Derry 1946]

Still requires the intent to commit an offense. In many jurisdictions, a theft or a taking requires an intent to deprive the owner of the use/possession of the property on question. Moving property from one location to another while leaving it more or less in the possession of the owner is probably not an offense. Leaving a loaded weapon loose on a porch may be an offense, however. Too quirky a fact pattern for me to get involved in if I were the DA.

 

[Flopsweat]

...
Burglary does not involve only the complete entry of the the entire body.

Yup. Partway in is still in. Seems like I've heard this before somewhere.