Man chases down suspect auto theft, is criminally charged

[TheeBadOne]

FRISCO - A Dallas police officer turned himself into Collin County authorities today after Frisco police issued a felony warrant for his arrest.

Frisco police charged Larry L. Dyer, 38, with aggravated assault with a deadly weapon by a peace officer.

He is a detective in the auto theft unit at the police department and a pastor at the Praise Fellowship Worship Center in Frisco.

The charge stems from a November incident when Detective Dyer pulled a gun on a man who was repossessing his boat and car.

After the second vehicle was removed, Detective Dyer followed the man and cut him off while driving his personal vehicle, police said. He then walked up to the man with his gun drawn.

He forced the repossession agent out of his truck and onto the ground.

Officer Dyer told Frisco police on Dec. 1 that he thought the boat was being stolen, "so he went after it," according to the arrest warrant affidavit. He also told a detective that his credit union "made a mistake," and that he didn't know about any cross-collateral clause tied to the three loans he had with the credit union.

He was released this morning from the Collin County Detention Center after posting a $10,000 bond.

Aggravated assault with a deadly weapon by a public servant is a first-degree felony. If convicted, Detective Dyer could serve five to 99 years and a fine not to exceed $10,000.

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Isn't this Texas that allows deadly force to protect your property?

 

[bfason]

Isn't this Texas that allows deadly force to protect your property?

Yes, but restrictions apply. A lot will hinge on what the officer believed when he was in pursuant. A few years ago some guy killed a repo man and walked because he managed to convinced a grand jury that he believed that the repo man was a car thief. It will be interesting to see how this pans out.

 

[StuporDave]

Isn't this Texas that allows deadly force to protect your property?

If his car and boat were being repossessed, aren't they technically _not_ his property?

Dave

 

[TheeBadOne]

Yes, but restrictions apply. A lot will hinge on what the officer believed when he was in pursuant. A few years ago some guy killed a repo man and walked because he managed to convinced a grand jury that he believed that the repo man was a car thief. It will be interesting to see how this pans out.

That sounds like the one I remember. I think I repo man was getting into the mans' pickup and the man, with out a word, picked up a rifle and shot him dead. There was something in the article about Texas law allowing deadly force to protect your property after sundown. Anyone else?

TBO

 

[c_yeager]

Yes, but restrictions apply. A lot will hinge on what the officer believed when he was in pursuant. A few years ago some guy killed a repo man and walked because he managed to convinced a grand jury that he believed that the repo man was a car thief. It will be interesting to see how this pans out.

The Texas case occured when the repo man was on the shooters property in the dead of night and was not known at the time to be a repo man. The Texas statute in question stated that deadly force could be used on a person commiting a crime on your property in the hours of darkness. The idea is that if they are prowling around your property at night they are generally up to no good.

In THIS case though it sounds like th officer waited for the guy AFTER he repoed the boat and nailed him in the process of taking the car too. It sounds to me like he was pissed off and wanted the guy to know it. I dont think he should do 99 years but a think some punishment is in order. The fact is that not paying off your loans IS stealing. And you have to be pretty dang delinquent to get something repossesed in the first place.

 

[mr_dove]

are we to assume that the officer knew that the person was a repo man and not a car thief? The article makes it unclear whether he knew or not. I'm sure that will be his defense.

 

[El Tejon]

This would never happen in Texas.

 

[Smoke]

PC §9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
in lawful possession of land or tangible, movable property is justified
in using force against another when and to the degree the actor
reasonably believes the force is immediately necessary to prevent or
terminate the other's trespass on the land or unlawful interference with
the property.
(b) A person unlawfully dispossessed of land or tangible, movable
property by another is justified in using force against the other when
and to the degree the actor reasonably believes the force is immediately
necessary to reenter the land or recover the property if the actor
uses the force immediately or in fresh pursuit after the dispossession
and:
(1) the actor reasonably believes the other had no claim of right
when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force,
threat, or fraud against the actor.

PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or tangible,
movable property:
TEXAS CONCEALED HANDGUN LAWS PC §9.51. 49
(1) if he would be justified in using force against the other under
Section 9.41; and
(2) when and to the degree he reasonably believes the deadly
force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary,
robbery, aggravated robbery, theft during the nighttime, or criminal
mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing
burglary, robbery, aggravated robbery, or theft during the nighttime
from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by
any other means; or
(B) the use of force other than deadly force to protect or recover
the land or property would expose the actor or another to a substantial
risk of death or serious bodily injury.

PC §9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
is justified in using force or deadly force against another to protect
land or tangible, movable property of a third person if, under the circumstances
as he reasonably believes them to be, the actor would be
justified under Section 9.41 or 9.42 in using force or deadly force to
protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes
attempted or consummated theft of or criminal mischief to the
tangible
movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or
property;
(B) he has a legal duty to protect the third person's land or property;
or
(C) the third person whose land or property he uses force or
deadly force to protect is the actor's spouse, parent, or child, resides
with the actor, or is under the actor's care.

Note the part that says "the land or property cannot be protected or recovered by any other means"

That is what you must sell to your jury. I think I'd let them take my car, rather than risk everything I have in a criminal or civil trial.

My $.02

Smoke

 

[Roadkill Coyote]

There is a discrepancy here

The charge stems from a November incident

Officer Dyer told Frisco police on Dec. 1 that he thought the boat was being stolen

So were the Frisco police called to scene to arrest the boat "thief", or was this only reported after the fact, and by whom? It would appear to me that a lot of relevant information is still missing...

 

[TheeBadOne]

from glocktalk

Heard on the news this morning that it was a clerical error and he wasn't behind on payments after all....

glocktalk

 

[Sergeant Bob]

Heard on the news this morning that it was a clerical error and he wasn't behind on payments after all....

What's that smell????


























LAWSUIT!!!!!!!

 

[spartacus2002]

After reading the Texas statute, I imagine that it probably deters theft. Can any Texans confirm or deny? Not being snotty, just wondering.

Ya know, if they actually TAUGHT stuff like that statute in school, instead of Algebra II and "Love the Spotted Owl" stuff, kids would feel like they got a real education -- both the kids who want to be honest, law-abiding citizens and now know the law respects them and their property, and the kids who considered being criminals but now know they could get their butt shot off.