Man Sentenced to 9 mos for Shooting Car Prowler

Status
Not open for further replies.
Does pay to question and understand your rights to what you can and can't do in your state or where you travel too. Better smart and informed then in jail because of stupidity.
Lubeck,, Good he only got 9 months?? No chance to carry again or hunt, parole, maybe a new job down the road but for a killer,maybe not a worth while one. Can't vote, all because of a stupid moment. Like said earlier thats what insurance is for along with 911.
 
Correct me if I'm wrong, but Sheets can still own guns because his sentence was under a year, right?

No. You are a prohibited person if you are convicted of a crime for which the maximum penalty could be more than 1 year, regardless of what sentence you actually got. From 18 USC 922:

is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

Punishable, not punished
 
So no amount of property is worth killing for?

Let's rephrase that. I don't think killing someone for their property is in any way worthy. Using force to save your property is another matter. People have been killed by criminals for measly amounts of cash and near worthless property. If for whatever reason you are at the scene of a robbery, your life is at risk. If you wish to come out unscathed or at least alive, don't be the last person to draw your weapon.

Another factor that condones legal use of force in my opinion to protect that property is an expectation that you won't be able to recover your property if it's allowed to be stolen. If you hide and watch as your property is being stolen, you certainly can't claim self defense if you shoot, so you'd best be prepared to justify protecting your property.

Woody
 
IMHO, I work swing shift. Which means half the nights I'm away at work. We live out in the country, more than a couple of miles from town with very few neighbors. I have told my wife countless times, when and if someone were to break in to the house while I'm gone. Get the baby, the phone and get in the closet in our bedroom. CALL 911 and stay in the closet. If the prowlers try to get in the closet unload on them. Nothing I have is worth a life, however once in the closet there is no where else to run. My belongings are not worth taking a life, however my wife and daughter certainly.

Just my thoughts and opinions
 
The law is the law and we all have to abide by it, but it is interesting to consider the thoughts of the Founders on this issue:

"Among the natural rights of the colonists are these: First a right to life, secondly to liberty, and thirdly to property; together with the right to defend them in the best manner they can." - Samuel Adams

"No power on earth has a right to take our property from us without our consent." - John Jay

"The personal right to acquire property, which is a natural right, gives to property, when acquired, a right to protection, as a social right." - James Madison

"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property... Horrid mischief would ensue were the law-abiding deprived of the use of them." - Thomas Paine

I'm not arguing against proportional response to value (i.e., I'm not advocating killing a thief over a pack of Life Savers), but clearly the Founders held private property and the defense thereof equally important to liberty itself. In fact, I would argue that private property and liberty are inseparable.
 
He shot the guy in the *back* of the head. I mean really, even if he was armed how big a threat is someone that is running away?


"When the defendant told them to freeze, the defendant claimed the last guy turned around holding the subwoofer up by his head with one hand," Cooper said in court documents. "The defendant said (Hernandez), with his free hand, then started reaching for his waistband."

Sheets, the detective added, "said he wasn't going to take any chances, he 'freaked the (expletive) out,' and he fired."

Apparently, no one here puts much stock in the statements made by the real victim in this case.

Is he lying about the perp turning and reaching for his waistband?

We (and the prosecutor) have no way of knowing.

Could the perp have turned partially toward him in what the shooter perceived as a threat - and still have been shot in the back of the head?

Perhaps he turned back just as the shot was fired. Perhaps the trajectory of the bullet wound would reveal something - but we don't have that info.

What I'm getting at is this:

We know that a shoot/don't shoot decision is a split-second choice that is fraught with danger. fear, adrenaline, etc.

It may be the prosecutor's job to second-guess the motives and actions of one who shoots another - but it isn't mine.

I wasn't there, so I would tend to take the word of the real victim at face value unless presented with compelling evidence to the contrary.

Who among us would really sit idly by waiting for the police while scumbags broke into our car and removed our property unchallenged?

But once you challenge them - anything could happen

Having said all that...

...the shooter DID have the opportunity to remain behind cover and dial 911 - therefore avoiding any potential threat to life and limb.

In retrospect, that would likely have been the most prudent course.
 
Last edited:
Correct me if I'm wrong, but Sheets can still own guns because his sentence was under a year, right?

Lifetime prohibited felon, a felony for him to have a firearm again in his life. A violent felon for life.
His sentence was for under a year, but his crime was punishable by well over a year.

It is what the crime is punishable under federal law that matters not what it ultimately is punished as. For example misdemeanor drunk driving in MA if I recall can be punished by up to three years in prison, making it a federal prohibiting felony (any felony or any misdemeanor which can be punished by over 2 years). Even though a person may not actually serve any time.

Manslaughter has a large range in different states, however the upper range is always well over a year, so it is always a felony.


The overall consensus from those debates have been that the vast majority of THR members consider deadly force as as only appropriate to defend your life or the lives of those nearby. The minority feel that some property is worth using deadly force to retain (what that might be was highly variable).
This was the consensus.
It really is a mixed issue to consider where legal, like in Texas under certain circumstances.

A life is worth more than an item. Yet if someone constantly is stolen from repeatedly to the extent much of thier income is spent replacing what they already owned, they are in essence placed into bondage. A slave to thieves, working to provide for them against thier will.
An elderly couple with little income in a bad area for example may become a known easy target. I have known elderly people who live in some really bad areas because it is all they could afford. They are not quite as alert or capable anymore, and live in an area with more predators.
If they have thieves constantly taking from them, and they spend what little they have to replace what is taken rather than providing new things for themselves, they would become little more than slaves. Enslaved to provide wealth for others against thier will for the rest of thier days.


Where force is certainly justified over property is when the theft or destruction of the property is something someone's life is dependent on. For example someone stealing your vehicle in a remote desert. Or theft of a boat at sea (say while diving or exploring away from the vessel.) You may very well die without transportation.
Or theft of required medicine to live, say insulin (or the syringes) of someone who needs it to avoid entering a coma.
Arson also seems to justify the use of deadly force many places. If someone is out lighting a fire, arguably they may only be damaging property, but it is so destructive and poses such a risk that lethal force is often justified under state laws.

One less clear area, but certainly worthy of consideration would be individuals such as private contractors living paycheck to paycheck who are having the tools necessary to provide for themselves stolen.
If someone is unable to provide for themselves or thier family because tools they cannot afford to replace are stolen, they are having a lot more than simply an item stolen.
A friend of mine makes a great living as such a contractor, yet they have no degree and no other real way to pay thier mortgage or provide the quality of life thier family enjoys without the tools of thier trade.
If they lost thier tools, they certainly could not afford to replace them before losing thier home.
So the theft of those tools is not merely an item, but an entire aspect of thier life they and thier family depends on being taken from them. They cannot simply find a new job, because no job will pay them anywhere near what they earned and what thier bills require to be paid. So they simply cannot pay thier bills if they are taken.

In many places these considerations though are mute. In those places clearly the legal thing to do is what the law says. Also keep in mind that if you try to stop someone with legal non-deadly force, and they resist, resulting in the use of force in self defense, whether it was actually self defense will be challenged. Clearly they can establish motivation for murder, even if it really was self defense. So even in legitimate and legal self defense the consequences can be severe up to and including a lifelong prison sentence.
 
Last edited:
...if someone constantly is stolen from repeatedly to the extent much of their income is spent replacing what they already owned, they are in essence placed into bondage.

I agree with Zoog that theft involves more than just replaceable "stuff". Even if you can afford good insurance coverage, your investing your hard-earned resources (i.e., at least some part of your life) for the thieves and the insurance companies.

If you are on a fixed or low income, and your rates keep escalating because of repeated theft - what then? What about the time stolen from you dealing with the insurance company and replacing everything lost? What about the things taken that are irreplaceable? In my case it included a video camera and a bag full of priceless family videos of boating trips, birthdays, Christmas, new-borns, etc. How do you get that "stuff" back?

Additionally, any person who would steal from you has already declared his complete lack of concern for your life (and perhaps his own) and should be considered dangerous.

It's just not as simple as: "It's only stuff - that's what insurance is for."
 
Considering the location, I am shocked he got such a light sentence, and work release as well.

I wonder what civil suits he'll have to deal with?
 
Wow, ending someone's life over a subwoofer? My first reaction was that this guy should have received a much longer sentence.

Now, after thinking a bit, his sentence will continue the rest of his life, knowing he killed someone over a piece of junk.
 
It's just not as simple as: "It's only stuff - that's what insurance is for."

How is it not? His life would have been in absolutely no danger if he had just walked inside and called the police. IMO, one must only use a firearm against another human being if no other options are available, end of story.
 
I have a question. If it should be in the strategy or other section, please let me know.

Say that you see someone stealing your property. You go out to try and stop them, and *carry your weapon to protect yourself* (and I'm not using that sarcastically).

I would have a hard time just standing there watching someone steal my property (after calling 911).....I might have my pistol holstered OR drawn. (yes, drawn can be an implied threat)

If they then commence to draw on me, as this case's victim described, then wouldnt it be self-defense?

--Does the law truly mean we just have to stand there and watch our property be stolen? (In most states)

--We get penalized for attempting to get them to drop it?

--Or maybe to get them to stop the robbery in mid-act and leave?

--Does the mere presence of my gun mean I intend to shoot them?
 
If someone turns and runs, you no longer have a right to shoot them. Reaching for a waistband is not cause to shoot someone, it sure is cause to be very careful and ready to shoot if the need arises, but its not cause.

Sounds like it was a bad shoot to me. The guy had an itchy trigger finger and the fact that the shot hit the guy in the head sure doesn't help, even if he didn't intend it to hit there, it still makes him look bad. One more reason to shoot COM.

Please don't flame me, I don't like robbers anymore than any of you, but we must follow the law or work to change it, stuff like this only makes us look bad.
 
9MMare touched on a very significant issue. The fellow is now a convicted felon and I'm sure Civil Rights Lawyer is going to act on the behalf of the bereaved family because the dead man's civil rights were violated; i.e. DEAD. I'm sure the relatives will testify that he was a good kid, always polite, always went to church and never harmed a soul besides not deserving of being executed by the property owner. Hell it was only a sub-woofer.

Totally missing the point, that the kid was caught in the act of being a thief! Some good kid!

Ralph
 
If they then commence to draw on me, as this case's victim described, then wouldnt it be self-defense?
Yes, but consider that you're putting yourself at the mercy of the legal system in the situation you describe. If you're angry, it isn't a justifiable shooting. If you're scared to death, it is.
 
I have a question. If it should be in the strategy or other section, please let me know.

Say that you see someone stealing your property. You go out to try and stop them, and *carry your weapon to protect yourself* (and I'm not using that sarcastically).

I would have a hard time just standing there watching someone steal my property (after calling 911).....I might have my pistol holstered OR drawn. (yes, drawn can be an implied threat)

If they then commence to draw on me, as this case's victim described, then wouldnt it be self-defense?

--Does the law truly mean we just have to stand there and watch our property be stolen? (In most states)

--We get penalized for attempting to get them to drop it?

--Or maybe to get them to stop the robbery in mid-act and leave?

--Does the mere presence of my gun mean I intend to shoot them?

That is what I covered in the end of my last post with this:

Also keep in mind that if you try to stop someone with legal non-deadly force, and they resist, resulting in the use of force in self defense, whether it was actually self defense will be challenged. Clearly they can establish motivation for murder, even if it really was self defense. So even in legitimate and legal self defense the consequences can be severe up to and including a lifelong prison sentence.

Legally most of that is justified in most locations, but only you know that it met that justification. The police, the investigators, the prosecutor, and the jury will not.
They will only know that what you say may be true, but that you also had motivation for harming them (anger over the theft.)

You can legally use non-deadly force, to stop the crime or even detain or perform a citizen's arrest on someone in many states. The extent of the allowed force varies from state to state, but in 90% of them you have every right to use a certain amount of force to stop the crime or perform a citizen's arrest.
If such actions are legal in your state, and you are performing them and then are faced with force being used against you that would justify the use of deadly force, that would also be legal, technically.
But that is only technically.

In reality everyone will paint you out as the angry person that went out there to shoot the thief from the start. Only you will know the motivation you truly had, and the prosecutor will insure everyone your motivation was to "punish" when you went outside with your firearm.
So you may have taken all entirely legal actions, but still be found guilty of a serious crime.

You assume they will pull a gun, but what if they merely lunge at your or tackle you. What if they attack you with no weapon and try to gain control of your firearm? They may be fully capable of defeating you without a weapon, or shooting you with your own weapon if they gain control of it.
Or what if they are armed with something a jury will not see as justifying of such force, like some regular item not normally seen as a weapon, especially since you would not be in that situation had you not intentionally gone to confront them?
Consider a 27 pound subwoofer for example (the size of the item in this case), I have absolutely no doubt you could do some serious damage hitting someone with the corner of that. Even lethal damage.
A jury won't see it as a weapon if never used, but it could certainly be repeatedly smashed into the skull of someone who confronts them.

Even further in this case there was several criminals. Confronting them unarmed means they could easily jump you, beating you to the extent they desired. Nevermind if they actually do have thier own weapons concealed they pull out.
Confronting them armed however if you end up using lethal force means you can be prosecuted for punishing them for the theft, with the prosecutor claiming it had nothing to do with self defense.


--Does the mere presence of my gun mean I intend to shoot them?
The prosecutor will do all they can to convince the jury of this, yes. It was your intent from the start to punish the criminal with your gun.
Only you will know differently, and nobody can read your mind.
So legally no, but in reality in a court room after the fact it very well may.
 
Last edited:
On one hand, I think trying to stop a car burglary from a balcony with a rifle is a horrible idea, that's what 911 and insurance is for.

On the other hand I have no sympathy for thieves and I'm glad he only got 9 months. Very lucky SOB, it could have turned out so much worse then it did.
Agreed. Should have called 911 instead, especially if he was in his home looking down from his balcony. However, it's also good he got a light sentence.
 
I can't help but think of what the penalty for certain crimes is. I hardly think petty theft should be punishable by death. If we don't assume the attitude that we only take a human life to protect ourselves or another innocent, then we are setting ourselves up for new laws that control weapon ownership.
 
How many of you stop and think about the people you talk to at the range or on these sites that are not gun people other than the fact that they now own a wepon to defend the rights with. And that can be a problem. Most don't take the time to ask specifics for there state ,county and city they live in and that is what cause's some dummy to get his a** in in trouble and now his family is open to a civil trial that they could loose. You hear some many CC cowboys about how they will do this or that it does make me wonder with the laws to carry should be held to a much higher level than currently done. I have carried 26+ years and have never pulled a gun. Seems like someone is allways needing to be corrected just at the local range about just basic rules and skills. I have also seen first hand that a man walked free after shooting a man in the back that tried to steal a outboard motor and killed the man and was found not-guilty but in most cities you are going to jail as this guy should have. Heck in NC no fixed blade knifes, no tazzer type products, no extenable battons and no second gun allowed. Open carry is legal -some- just down go to most any town to findout as most have local laws against it. Got to learn what is legal to do ,how and when to use it and don't forget it.
 
mgregg85 said:
If someone turns and runs, you no longer have a right to shoot them. Reaching for a waistband is not cause to shoot someone, it sure is cause to be very careful and ready to shoot if the need arises, but its not cause.

You forgot one little but pertinent fact: The robber may have turned and commenced running, but he still had the property he was stealing. He was just stealing it faster. Had he dropped the goods and run, that would be different.

Zoogster said:
A life is worth more than an item. Yet if someone constantly is stolen from repeatedly to the extent much of thier income is spent replacing what they already owned, they are in essence placed into bondage. A slave to thieves, working to provide for them against thier will.

I'd say the life of someone who steals is worthless. They are a dreg on society. Those who steal become the slave masters of the victims you mentioned. As for where one might draw the line on such thieves, it is a bright line drawn right there when caught red handed, be it their first theft or their last theft. With luck, their first will be their last. It's one of those cases where zero tolerance makes sense.

If anyone disagrees with my stance, don't steal from me.

Woody
 
Car Prowler?

Where does the media come up with these terms? To me a car prowler is a Puma crawling through car. It is not some low life breaking into a car. That's what I call a burglar. Doesn't matter if it's a car or a residence. It's still a burglar. So, what are we to do with burglars? I like how the courts handle it in Texas. Of course, Texas is one of the last places in America that has a clear understanding of the rights of an individual. In Texas all individuals have the right to abstain from committing burglaries. At the same time all individuals have the right to protect their property.

In the liberal environs of America, Seattle is one such, down is up and up is down. And what's really ridiculous in liberal America is the often heard complaint, "It's the fault of the police. Why can't they protect us."
 
How many of you stop and think about the people you talk to at the range or on these sites that are not gun people other than the fact that they now own a wepon to defend the rights with. And that can be a problem. Most don't take the time to ask specifics for there state ,county and city they live in and that is what cause's some dummy to get his a** in in trouble and now his family is open to a civil trial that they could loose. You hear some many CC cowboys about how they will do this or that it does make me wonder with the laws to carry should be held to a much higher level than currently done. I have carried 26+ years and have never pulled a gun. Seems like someone is allways needing to be corrected just at the local range about just basic rules and skills. I have also seen first hand that a man walked free after shooting a man in the back that tried to steal a outboard motor and killed the man and was found not-guilty but in most cities you are going to jail as this guy should have. Heck in NC no fixed blade knifes, no tazzer type products, no extenable battons and no second gun allowed. Open carry is legal -some- just down go to most any town to findout as most have local laws against it. Got to learn what is legal to do ,how and when to use it and don't forget it.
Just wondering where you got your NC info from. Stun guns, to include Tasers, batons, etc are all legal here. Now your cch permit wont cover them, but they are still legal to possess and carry. Also, there is no restriction on carrying multiple handguns with your cch permit.
 
If anyone disagrees with my stance, don't steal from me.

The problem is (as illustraded by this story) that if someone disagrees with your stance - they may put you in jail and take away your legal right to own a firearm.

If you're angry, it isn't a justifiable shooting. If you're scared to death, it is.

"Sheets...said he wasn't going to take any chances, he 'freaked the (expletive) out,' and he fired."

It sounds like (if he is to be believed) the shooter was "scared to death".
 
A mans life for a subwoofer? Nah, that ain't right. But, a man's truck.........lol;)
 
Status
Not open for further replies.
Back
Top