Man Sentenced to 9 mos for Shooting Car Prowler

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All of these things are true, but once someone claims the self defence case, it is still up to the prosecution to discredit the claim. Granted, the claim is easy to prosecute if the defense has no plausible evidence to support self defense. This guy's defense attorney could have shown several cases where police officers shoot fleeing suspects because they "see a gun" or something similar. The guy could present his story and then its up to the prosecution to prove that things either didn't happen the way he claimed or prove that a reasonable person would not react the same way. My point was that the prosecution obviously didn't think they could prosecute him for murder, but they wanted to make an example and accepted a stupidly given plea agreement.

I think it would be more a case that the prosecuter thought he *might* be able to get a guilty verdict, but chose to plea bargain it out instead. The reason I think this is that in Washington we have a law that if you are prosecuted for a shooting and it is ruled justifiable the city/county/state that prosecuted you has to pay your legal costs. Assuming I interpreted that law correctly(am not a lawyer) I think it's a pretty fair protection against wrongful prosecution for defense shootings, and *could* be why teh prosecutor was willing to plea bargain the case.
 
The difference from found guilty (and you never plead guilty!) and found not guilty, in this case (from what I can gather from afar) is the expert witness he apparently did not have.

First, aiming a rifle, seeing the person hold the stolen item up (no one said he did not hold it up) so why challenge the fact that he reached for his waist (you believe one, why not the other?) the thief looked at the shooter, dropped his hand to location of a weapon? who is to say he had no weapon? his Buddy's could have taken said weapon, the scene was left unattended for several minutes, anything could have happened.

The much bandied about statement he was shot running away? who said this? the shooter did not, he said the thief lifted an object he could describe (sub woofer) to the side of his head, now a movement after that one, other hand dropping to waist, threat! eye focus moves from perceived threat to sights, person turns (1/2 second) trigger press, head now facing other way, hence bullet impact to the back of head.

No one went in to an inadvertent pressure to a rifle trigger, the difference in firing a firearm on a target range, or a "Oh My G++ he is going for a gun!"
deep into fight or flight syndrome, had he been dozing? adrenalin now flowing through his arteries, blood pressure moving in to critical levels. etc, etc.

Muddy the waters, bring genuine doubt into the minds of those 12 members of the Jury, real doubt.

And see, I did not even suggest that this POS needed to be put down, which is definitely the argument you might not even in the most vague kind of way, suggest (and would not ever let that thought show in the court room) and no, the shooter is not going in to the witness box, ever!

Even the way the accused is dressed, his facial expressions, he needs to be schooled like he is an actor on a stage, because he is!
 
I can see your point. I would *hope* that in the same situation I would have the presence of mind to wait until I actually see a weapon before pulling the trigger. I also hope to not find out though.

*If* the BG was indeed armed and things did go down as you suggest, then I would think that Sheets should never have been charged to begin with. If however as suggested in the article the BG was unarmed, and if he was indead shot in the back of the head trying to flee, then IMO Sheets deserves at *least* what he got.
 
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.

You summed it up nicely. At some point we have to draw the line with criminals. If we take a passive stance and say "oh well, insurance will pay for it", whats to stop these types from running rampant?

I think that defending your property is a natural response. However, he could have made a better choice as far as the weapon... jeeze a x54R!!! In the head!!! That is best reserved for the battlefield. If he wants to teach auto prowlers a good lesson, he should'a gave them a spray of 12ga #8 birdshot from the balcony.
 
Bad Judgement. Period. Perp was fleeing, shot in the back of the head. How did he shoot him in the back of the head if the guy was turned and reaching for his waistband. B.S. He was torqued at the theft and fired in anger. If he had kneecapped the bad guy, he would have got off with a slap on the wrist. A head shot? Bad judgement.

That's why I use a shotgun with 7 1/2 shot for the first 2 rounds. 00 Buck for the rest. If possible all shots will be below the waist unless he has a gun aimed at me. Then head shot. Imagine what a load of buckshot or birdshot would do to a knee. The perp would pay for the rest of his life even if he is not convicted. He also wouldn't be able to run away the next time.

Think about it.
 
I can agree with the moderate position offered by Macgille, that of at least presenting a firearm and or shooting to wound as opposed to nailing the kid in the head assuring death. Don't get me wrong, I'm sure that even the "minority" here that supports use of a firearm up to and including deadly force to protect property aren't blood thirsty as some of you would readily believe. I know I'm not. What I can't swallow is the view held by many, "the majority", that a firearm or deadly force should absolutely never, ever, ever, ever, not even if God Himself allowed it, be used to protect property. In other words, once the thief has his hands your property, as long as he keeps saying "I'm not trying to hurt you, I'm running away with your belonging", all we can do is wave goodbye and call our insurance agent.:barf: Calling the police for property theft is only going to get you a beat cop there to take a statement. Look at the stats for how often victims actually get their stuff back after being robbed or burgled. The odds of getting your stuff back is next to nada. It's maddening to think that people here actually think this is the only reasonable thing to do! Guess I'll have to remain in the minority on this.;)
 
If he wants to teach auto prowlers a good lesson, he should'a gave them a spray of 12ga #8 birdshot from the balcony.

IMHO, that's bad advice... it's still legally unjustifiable use of lethal force in this situation, and could lead to just as bad an outcome for the shooter.

Les
 
My point is, that for all the posturing and chest-thumping about Texas' somewhat unique laws, they aren't gathering the corpses of luckless felons from your kerbs each morning.
I don't think anyone has made such a claim. The somewhat unique laws very likely provide a deterrent effect given that TX shares a very leaky border with a 3rd world country (as mentioned) and yet has a crime rate that compares favorably with other states (as you point out) which don't share the same problems TX has.
Now show me the numbers to prove your implied point that shooting Mexican criminals brings the Texas crime statistics down to parity with the rest of CONUS.
My take was that the implied point wasn't that it is actually shooting criminals (of any heritage) that is bringing the crime stats down to parity, the implied point was that the somewhat unique laws (primarily their deterrent effect) are what help keep the crime rate down to parity.

This is why, while I do not advocate shooting criminals over property crimes, I am strongly in favor of laws that allow it.
 
I'm more of the opinion that Texas laws have greater impact on Internet discussion than they do on crime statistics. IOW, absent any data to show otherwise, I don't think they have much effect on crime.
 
Atroxus said:
No, your stance encourages vigilantism. By saying it is okay to shoot someone for theft when there is no immediate threat to anyone's life or well-being, it seems to me that you are saying it is fine for someone to be judge, jury, and executioner for any offense they happen to witness while armed. I don't think any person should have to sit idly by and watch their property be stolen, but at the same time if you plan to mete out "justice" on the spot you may want to make sure the punishment fits the crime or you could very well end up in the same position as Sheets.

Vigilantism is when you gather up some friends (or go it alone) and go after someone you suspect of a crime. Self defense is protecting one's self or well-being from an immediate threat. Stopping a crime against one's self is self defense, not vigilantism. A vigilante is a self-appointed law enforcer. Defense of one's self and/or well being is neither enforcing the law nor meting out justice though there may be laws being broken by the antagonist. Justice is the use of authority to maintain what is just. And, stealing from someone is harmful to the victims well-being.

Kleanbore said:
Well, OK, so it was murder.

I doubt Sheets set out to kill anyone which would negate any claim of murder. Don't forget, he wasn't convicted of murder. He pleaded guilty(stupidly in my opinion) of second-degree manslaughter.

Old Dog said:
This from "Constitution Cowboy" several posts back:
Me said:
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.
Now, how do some of you reconcile attitudes such as this with the position (that this poster has taken numerous times) that everyone -- including, presumably, active thieves and convicted felons as well -- should have the right to legally possess firearms, and that any laws prohibiting such persons from owning guns are "infringements" upon their rights? After all, you've just claimed that the life of a thief is forfeit.

Again, another example of the rampant hypocrisy abounding on the internet.

I didn't say the life of a thief is forfeit.

Here is the reconciliation. It is from the rest of what I've said previously that you omitted. Anyone convicted of a violent crime needs to be kept in prison(if not executed) until that person can be trusted with arms out in society. Once released, that person has the same rights the rest of us have. If he can't be trusted, he should never be released.

kilo729 said:
( It was in the 70s, what charitable organization was going to help a 12~ year old Hispanic girl, and how in the hell is she supposed to get in contact - SHE'S 12~)

Lets see, she was able to find the grocery store. She could have found a church, asked a police officer, asked a fireman, or even ASKED THE GROCER and I'm sure she would have received all the help she and her siblings needed. Where were her parents? Where were her aunts and uncles? Where were her grandparents? What does the fact that she is Hispanic have to do with it?

I must ask: Did she admit this to you? Was she caught?

kilo729 (I guess from a dictionary) said:
1. To run away, as from trouble or danger:

Hernandez caused whatever "danger" he was in. Hernandez was still in the commission of his crime; running off with his ill gotten gains. Though I don't rightly know, I doubt Sheets would have shot Hernandez if Hernandez had dropped the woofer and hightailed out of there.

kilo729 said:
For one who claims to be a "Constitution Cowboy", you seem to forget a very memorable line from the Declaration(of Independence):
... We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. ...

That which is endowed can be squandered, a pursuit of happiness can fail, and no one is endowed with a right to steal from another that which they've squandered or failed to achieve for themselves.

NCPatrolAR said:
There is nothing wrong with trying to use means short of lethal force to defend property; but I think killing someone over a subwoofer if excessive.

It isn't about the subwoofer or a candy bar or a loaf of bread. It's about the act of stealing

Joe Demko said:
The .gov efts up on so many other things that I am loathe to give them the power to exact the death penalty.

I agree with you, Joe. It belongs in the purview of the several states anyway. There is no power granted to the Feds in the Constitution to write law making murder a crime let alone the punishment of murder.

There was a reason stealing a man's horse was a hanging offense. In some cases it is a death sentence for the man who has his horse stolen out from under him out in the middle of nowhere. People stealing subwoofers and hubcaps will end up stealing your groceries when the market for subwoofers and hubcaps dries up and they start getting hungry. They are in essence stealing your life. The only use these people have in society is job security for lawyers, prison guards, parole boards, insurance adjusters, half way houses, and those people employed in the NICS.

Woody
 
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Ncpatrolar You must not be a leo nether and have not read the states whole law for us to follow, it is a damd site longer than most would care to read and then i went to see the DA and ask to have them confermed for a normal CC person. No stun sticks or tazzers , no battons and for a ccw no second gun on your body at the same time, no fixed blade knife or spring assist knife. Don't question me ,,go ask your self. Legal to have but not carry ,now that is a stupid statment but true
Actually I am a LEO in the state in addition to being a CCH instructor. As I pointed out in my original statement addressing your claims; you CCH permit does not cover Tasers/stun guns, batons, etc. However, you can open carry these items. We dealt with this issue several years ago when a known B/E suspect was seen walking around with an older model Taser. His carry of it was legal as long as he didnt conceal it.

When it comes to your CCH permit and second, third or fourth guns......you are allowed to carry as many handguns concealed on/about your person as you want. This is per the NC Justice Academy, the NC Training and Standards staff, etc. If you check the NC Crimes book authored by Farb, you will see that there is no restriction mentioned in the statute that covers the Carrying Concealed Weapon offense.
 
A vigilante is a self-appointed law enforcer.

Killing an unarmed man over theft is not self-appointed enforcement of the law? I don't see a problem using "reasonable" force to protect your property, and if your life or the life of another person is on the line I think it is every american's *duty* to intervene(even with lethal force) if they are capable.

I have a couple hypothetical questions for you. Do you think cops should also be able to shoot shoplifters in the back if they run? If you witnessed a person you knew and cared about (such as a friend or relative) stealing, and they fled would you shoot them in the back?

Sure a shoplifter is a criminal, but the punishment should fit the crime. I don't see how executing an unarmed man could be considered reasonable, or anything but vigilante justice. If a violent crime is committed, I agree that criminals should either be locked up until they are no longer a threat to anyone, or be executed if they can not be "rehabilitated". I would not ever condone capital punishment for an offense that does not put anyone in danger of injury or death though, and it baffles me that anyone does.
 
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I doubt Sheets would have shot Hernandez if Hernandez had dropped the woofer and hightailed out of there.

Which tends to support the conclusion that he shot the fellow for STEALING not for posing a threat.

You contradict yourself here:

Defense of one's self and/or well being is neither enforcing the law nor meting out justice though there may be laws being broken by the antagonist.

vs.

It isn't about the subwoofer or a candy bar or a loaf of bread. It's about the act of stealing

You were correct the first time. Proper use of deadly force involves defense of self or others, and has nothing to do with the act of stealing.
 
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It sounds like it was a poor decision to shoot in the first place. These guys were breaking into his car, not his house: ergo, they posed no iminent danger to him.

Yes, they are worthless lowlife crooks.

No, it is not worth serving time to shoot someone stealing your stereo system.

If these guys had been armed, threatened the car owner, or broken into his home instead, it would be a different story. He should have taken down their tag number and called the cops. Either insurance or the money he could have earned instead of spending 9 months in jail would have paid for his subwoofer.

Or, since he had a Mosin, he could have just shot the engine block of the getaway car. Then the police wouldn't have had to look as hard.
 
Cosmoline noted
Proper use of deadly force involves defense of self or others, and has nothing to do with the act of stealing.

Nothing more should need to be said. The very fact that so many here cannot understand both the ethical and legal justification for use of deadly force -- and these are folk that are, presumably, armed and all too willing to use deadly force -- bespeaks of a most sad and sorry state at which we have arrived.

Good lord, I'm appalled at some of the comments here. The antis don't need to come up with any of their own arguments; many members here quite neatly supply the antis with ample fodder ...
 
First, I can't imagine shooting anyone in the back of the head while they're stealing property out of my car. It seems morally, legally, and strategically like a very bad reaction. ... But, On the topic of stupid reactions under stress, (and I apologize if this is too OT), let's say the property-owner/shooter went down to the parking-lot carrying a concealed handgun, and demanded the thief return the property, and the thief commences a physical assault (not yet aware that you're armed). I realize this would still be a stupid thing for the the property-owner to initiate, but at what point is is OK to draw and shoot an unarmed opponent in that situation? I've been told if you're armed, and someone's trying to beat the crap out of you, it's now a "gunfight" because who "controls" the deadly weapon you're carrying is now in question. Anyone know?

Thanks,
Les

I asked something very similar in post #38. There was a response, #43. I'd be interested in hearing more tho.
 
Let someone steel your proerty and just walk away with it...Nah...wasn't worth it but....IMO, No jail time......he was being robbed.
 
......he was being robbed.
Nope.

He confronted a thief.

There's a very significant difference. Robbery involves the taking of goods or currency from a person or persons by using force or intimidation. In many places it is permissible to use deadly force if necessary to prevent robbery.

According to the report, the guy taking the sub-woofer didn't rob anyone--he apparently committed theft.

In some states, but apparently not in Washington State, the unlawful entry of the automobile to take the sub-woofer would constitute burglary, but since the perp was already departing with stolen item it was no longer possible to prevent that crime.

Burglary and robbery are usually classified as forcible felonies that put persons in danger and are considered much more serious than simple theft.
 
This is why the shooter should have confronted the thieves at a much shorter distance with a drawn weapon and held them for police. At that point, reaching for a waistband is a deadly threat.
 
This is why the shooter should have confronted the thieves at a much shorter distance with a drawn weapon and held them for police.

Might have worked, might not. Had these guys served time previously or had they spent any time with a defense attorney preparing for a trial, or had they been associating with seasoned criminals, they might have been well aware that the guy with a gun could not lawfully shoot them had they chosen to depart. A pointless strategy, in my view.

Then there's the physical risk. The guy had a five shot bolt action carbine. There were five of them. Maybe some were armed, maybe not. But what were the chances that they would have all stopped moving and conveniently aligned themselves where the guy with the gun could see them all at the same time? What were the chances that had he fired, he would have been charged, overcome, and killed by one or more survivors? Slim enough to bet one's life on? Not for me.

The guy made his first mistake in going out on the street with the gun. He made his second mistake in shooting it.

He was very lucky. Yeah, he's a convicted felon, and yeah, he may be at risk of retribution, but he was not overpowered and was neither killed or maimed, he did not shoot one or more innocent people, and he got a very light sentence.
 
This is why the shooter should have confronted the thieves at a much shorter distance with a drawn weapon and held them for police. At that point, reaching for a waistband is a deadly threat.

Correct me if I am interpreting this wrong, but you suggest placing yourself in a more dangerous situation to warrant the use of deadly force?

I am also seeing Castle Doctrine being mentioned? I do not believe it is applicable to this scenario. And an incident very similar to this is being reviewed for charges in OH. Only in this incident, the homeowner apparently missed when he fired shots at a man stealing from his car.



I would say this gent recognized 9 months is better than what he would have ended up with had he not taken a deal. I guess this is a good argument for buying pants that fit, however.
 
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What happened to, the punishment should fit the crime. A decade ago this guy would have been locked up and had the key thrown away. There are a couple of problems with this type of shooting first. One is that you don't know what is going to come back at this guy from the other people who are friends or family of the guy he killed. I think he should move far away. I have no sympathy for people who steal, or commit any crime, but death for stealing a speaker while running away, is taking self defense out of the realm of common sense. The second is not all of his friends and family are going to like what he did. He may have mental problems down the road as he must now live with the results of his actions, and so must his family, he should be given psychiatric help to deal with what happened. Only he knows if there was that "reach to the waistband", it sounds contrived.
 
NEVER EVER shoot a guy unless he has intentions and has the opportunity to maime you, or cause bodily harm, or you fear for your life. The shooter had neither. Just because we own guns, it doesn't mean the we have to use it against some punk who broke into your car.

I would suggest we read "In the Gravest Extreme" by M. Ayoob. The book surely enlightened me as to how much "power" we gun owners have but if used the wrong way can terribly back fire on us.
 
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