(NC) Bystander shoots purse snatcher in legs

Status
Not open for further replies.
It sounds like the guy who shot was, walking a fine line, himself.

It's not beyond the realm of possibility that the shooter is not an angel himself.

"Police say they want to question the man who fired the shots."

Sounds like a calculated move, maybe he aimed for the legs, to avoid a murder charge. The shooter also had the notion that it might be a good idea to catch a different bus, when he heard the sirens coming.

I'm leaning towards the notion it's simply self-regulation amongst the criminal class.
 
Shoot/No SHoot

Although the purse snatcher probably had it coming to him...it was likely because of other, worse acts that he had gotten away with in the past.
But shooting a man for grabbing a purse and running is a bit off the scale.

In most states, you can't even legally do that if the fleeing BG just got through beating you to the ground...and if you should happen to pursue him, shoot at him, and HE pulls his own gun and nails YOU...he will be viewed as having used justifiable lethal force in defense of his own life, because you became the aggressor. When he turned to run, the threat that he posed 10 seconds ago ended. In order to fire, you must be in reasonable fear of iminent death or serious bodily harm...or for those whom you are reasonably authorized to protect. (Friends or family who are with you at the time of the attack)

It's known as "The Reasonable Man Response." i.e. Would a reasonable man have acted in the same manner? The shooter in this case did not.
 
"Police say they want to question the man who fired the shots."
Sounds like we may have another unsolved shooting on our hands. We can hope.;)
 
Byron said;
This will only be a bad notch in CCW holders' belts in the mind of people who are antis already.

I disagree. The average person doesn't care much about CCW. In fact most of the average people get their knowledge of firearms and their use from Hollywood. I bet I have someone ask me every couple of months how they can get their Illinois Concealed Carry Permit. Some of them even argue that they can get one, even if I tell them there is no such thing in Illinois; "I'm sure a judge would write me a letter if I was threatened." Where do they get such a notion, from the entertainment industry that has had everyone from Bogart to Don Johnson telling the hard nosed cop; "Just wait a minute, I have a permit for that".

For most people concealed carry is totally off the radr until it comes up in the news. If you think I want Larry Trent, Director of the Illinois State Police all over the media pointing to this case as a reason why Illinois citizens shouldn't carry firearms you're wrong.

Many women will place themselves in the place of the purse snatcher's victim. So will their loved ones. The more rational among them will thank God for this. I think we could actually wind up with more support for CCW through actions such as this.

Again, I'm afraid I disagree. Many of the victims I deal with have the mindset that it couldn't possibly have happened to them. Most people aren't like those of us here on THR. I think we sometimes get a rather narrow view of how people think because we don't deal with a lot of people who are from outside our immediate circle of friends, family and co-workers. I'm sure that when you worked in the ER you had regular customers who just seemed to always be getting themselves into bad situations. Let me tell you, a lot of crime victims fall into this catogory too. I've currently got a case going on a bunch of motor vehicle burglarys where I work. Cell phones, wallets, jewelry (no guns yet), and you know what, not one of those vehicles was locked. Not a single one. And the attitude among the victims all seems to be, I sure didn't see a need to lock up my stuff. Now we can all argue that in a perfect world, no one should need to lock up their stuff. Unfortunately we don't live in such a perfect world.

A case like this may be just the thing that turns undecided people against CCW. Especially the way it will be spun. It's my experience that while people will trust themselves and their immediate circle with firearms or even nuclear weapons, they won't trust people they don't know.

I have long held that the laws need to be changed as related to the lawful use of lethal force. As far as I'm concerned, the purse snatcher not only got what he deserved; he got what he was begging for.

Well then lets lobby to get the laws changed. During our lifetimes it once was legal to shoot at fleeing criminals. It's not any longer. I'm not sure how any laws that were passed would stand up to Tennesee v Garner which pretty much started us down the road to putting further restrictions on shooting fleeing criminals.

If there's one person on the jury who feels as I do; the man will never be convicted.

That's exactly who the should make the statement, the jury should send a message by refusing to convict.

The state of NC should give him a public service medal and tell all the other thieves they can expect the same.

Well we know that that's not going to happen.

jsalcedo asked;
Can't armed bank guards shoot bank robbers in the back that are making of with bundles of cash?

Not here. Deadly force is deadly force and the law spells out the conditions in which it is permissable. Illinois has pretty liberal laws on the use of force to defend yourself and your property, passed in 2004 and signed by our anti-gun governor, believe it or not. But you can't shoot to prevent the escape of a criminal unless you can articulate that your use of deadly force was necessary to prevent the criminal from killing or causing great bodily harm to another. That's a pretty hard case to make if the criminal is running away.

carebear said;

The question will resolve itself around the force used to do the apprehending, which will probably be found to be legally excessive. Still, if the guy had hurled a baseball bat (easily deadly force as well) with only the intention and effect of stopping his flight, there'd be no question about him being a "vigilante" it'd be flat-out hail the hero time.

Agreed, but the article doesn't mention that the purse snatcher used any force to effect his escape.

Why are we, of all people, demonizing the gun too? Negative political effects?

I'm not demonizing the gun, I'm demonizing the cheering of what will most likely be an unlawful use of force. We don't have Alaska/Vermont carry here in Illinois, so yes, I am worried about the negative political effects. Still a battle to be fought here. Just because I am personally covered under HR 218, doesn't mean that I don't want to see everyone have the same rights I do.

I think that no matter how much our own personal feelings about the purse snatcher getting what he deserved figure into things, we need to look at the big picture. Firing several rounds at a fleeing purse snatcher isn't legal nor do I believe it was a responsible use of the firearm.

There are people on this board who would be calling for the death penalty if a police officer had shot the purse snatcher. I see no difference between the two. If it is wrong for the state (a police officer) to shoot then it is wrong for a private citizen.

Jeff
 
Responsible

Jeff said:

>Firing several rounds at a fleeing purse snatcher isn't legal nor do I believe it was a responsible use of the firearm.<
****************************

Have to agree wholeheartedly...not to mention that it could be...and likely will be...construed as reckless endangerment. One round misses and finds its mark on an innocent two blocks away is a distinct possibility.
 
I saw one like this in MI

A local farmer was experiecing several thefts of his farm tools...VERY expensive tools. The less than intelligent son of the farmer hid out in the brush with his .300 Weatherby Mark V. When the guy exited one night stolen materials in hand, jumped in his vehicle, the son shot the dork through the car door, striking him in the lower leg. Son gets arrested; gets charged; gets convicted. As the judge begins to sentence, the uncle stands and says, "Your Honor, I can't watch this anymore. The boy didn't do the shootin'...I done it! But, I was afraid. "sides, I knew the boy was innocent...weren't no way he could be convicted 'cause he didn't do it. Well, they done convicted the wrong man...I done it. I can't let my nephew go to prison for what I done!" The farmer's son (who actually DID do the shooting) walked. The uncle was fined $50,000.00 and the thief walked away (so to speak) with lots of cash. Go figure. How do I know he did the shooting? I KNOW these folks real well. Probably turn out the lady whose purse was stolen grabbed the gun and shot the guy. Don't scoff...it could happen. It happened here. By the way, the lies they told...that was seriously wrong.

Doc2005
 
TexasSIGman said:
Well, it's not all 50 my friend. At least in Texas if it's after dark shooting for protection of property is "legally" justified. You're still gonna have to convince a DA not to prosecute I think, but it IS in the statute. For exactly the reasons mentioned. A criminal that will commit this kind of crime after dark is capable of more, so it's OK to stop that potential threat.

Tough to use that as justification I'd think, but it's in the penal code.

+1 on the "not all fifty states". And I'll see your "after dark" and raise you to daytime in instances of "burglary, robbery, and aggravated robbery" which this apparently was (robbery) unless he somehow managed to snatch her purse without using force or threat of force.


http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000009.00.htm

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property...

(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.

There are people on this board who would be calling for the death penalty if a police officer had shot the purse snatcher. I see no difference between the two. If it is wrong for the state (a police officer) to shoot then it is wrong for a private citizen.

I think it's right for both, given circumstances that are in all other ways equal. The fact that some members of the forum have unjustified and unreasonable attitudes towards police officers isn't really relevant.

p.p.s.

It is not, I repeat is not morally justifiable to shoot an escaping purse snatcher with a firearm if he is shouting "I'm wearing boots of escaping!" as he runs away. In that instance it is only justifiable to shoot the fleeing felon with your *phaser set to "stun"

*A legitimate, official Star Trek phaser will always have "Smith & Wesson", "Ruger", "Colt" or "H & R" etched on the frame.

http://www.rpgmp3.com/modules.php?name=Downloads&d_op=getit&lid=95
 
Last edited:
Doc2005 said:
A local farmer was experiecing several thefts of his farm tools...VERY expensive tools. The less than intelligent son of the farmer hid out in the brush with his .300 Weatherby Mark V. When the guy exited one night stolen materials in hand, jumped in his vehicle, the son shot the dork through the car door, striking him in the lower leg. Son gets arrested; gets charged; gets convicted. As the judge begins to sentence, the uncle stands and says, "Your Honor, I can't watch this anymore. The boy didn't do the shootin'...I done it! But, I was afraid. "sides, I knew the boy was innocent...weren't no way he could be convicted 'cause he didn't do it. Well, they done convicted the wrong man...I done it. I can't let my nephew go to prison for what I done!" The farmer's son (who actually DID do the shooting) walked. The uncle was fined $50,000.00 and the thief walked away (so to speak) with lots of cash. Go figure. How do I know he did the shooting? I KNOW these folks real well. Probably turn out the lady whose purse was stolen grabbed the gun and shot the guy. Don't scoff...it could happen. It happened here. By the way, the lies they told...that was seriously wrong.

Doc2005

As long as the Uncle was willing to commit perjury anyway, he should have had the defense put him on the stand during the trial, ask him if he "did or did not!!! fire the shot that struck the 'victim' etc, ad nauseum" and then pled the fifth.
 
Ack!

He should have blown the guys skull apart. Then received an award from the mayor for reducing crime and sending a message to criminals. Anything else is just girly man talk...
:p
CT
 
Stand_Watie said:
+1 on the "not all fifty states". And I'll see your "after dark" and raise you to daytime in instances of "burglary, robbery, and aggravated robbery" which this apparently was (robbery) unless he somehow managed to snatch her purse without using force or threat of force.


http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000009.00.htm

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property...

(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.
How do you get a raise to daylight out of the statute you cited? Part B clearly states that the crime has to be committed "during the nighttime," AND the person using the deadly force must reasonably believe that the property cannot be protected or recovered by any other means. I'll grant that if the purse snatcher had a half step head start there probably wasn't any other means to recover the purse, but unless the snatch took place at night the statute does NOT authorize the use of deadly force.
 
well, its more proof the Charlotte is a World Class city!

Oh, well we have a "crime issue", not a problem, you know, with all the murders, robberies, and serial rapists (one in the nice ritzy neighborhood). The real problem (according to our professional police chief) is people carrying openly downtown, but actually no.


Would I have shot a purse snatcher? No. Would I have pulled if he showed a knife? I would hope I wouldn't just :eek: and freeze.



I really, really want to move to Texas. Are there any mountains in Texas?
 
If there aren't, how would that differ from NC? :neener:

Jeff,

It's my understanding he doesn't have to be using force to escape for you or I to use (reasonable-read proportional) force to apprehend him.

My point wasn't to justify the shooting but rather that stopping a thief in the act (which by definition includes the fleeing) isn't "vigilante justice." Otherwise every robber or burgler would get a pass the second they turn away from the actual scene. There'd be no chases at all, they'd just stroll away as we sat there saying "Let him go boys, he's not thievin' no more, just escaping."

As far as the "demonizing the gun" comment goes, tackling a grown man running flat out on a city street, which I think we would all agree to be a kosher response to a purse snatching witnessed in front of our eyes, is potentially dangerous or even deadly. Bounce his grape off the curb, a mailbox or a parked car and bingo accidento, dead or paralyzed BG.

That's where I was going, almost any action taken to apprehend a witnessed criminal has potential lethality. it seemed like we were heading totally in the direction "ooh, stopping him with a gun is double-super bad" rather than simply that a disparate (and almost certainly illegal) use of force was used.

It's a crime cause it's a crime, not because it has political overtones.
 
chris in va said:
Aiming for the legs too. 'Shoot to wound' is prohibited in many states, on top of him firing on a fleeing BG.

This is why I firmly believe in safety/law training with first time handgun owners. Some people run out, get a gun...and get in trouble.

In what states is it illegal where lethal force is justified but not with the intent to shoot and wound? What are the statutes for this?

I am intrigued by the possibility that somebody could get into trouble using lethal force ineffectively (by shooting to wound) when the use of lethal force is justified.
 
If someone is desperate enough to rob someone in broad daylight in front of witnesses JUST IMAGINE WHAT THEY WOULD DO AT NIGHT with the keys to someones apartment.

Or perhaps, if a speeder is willing to go over the limit on a highway with a lot of other cars, JUST IMAGINE WHAT THEY WOULD DO AT NIGHT after the shift change when they think there's no LEO's patrolling the road they happen to be on. That 5mph he was over on the expressway commute home will, as everyone knows, turn into a 140mph solo NASCAR event. And since travelling over 100mph on a road with other cars on it is dangerous and stupid with an easy potential for a fatality, we should treat all speeders the same regardless of them being 5mph or 75 mph over the limit. ;)

Sometimes facts are facts, regardless of your inferences. What happend was a purse-snatching. Nothing more, and certainly not a crime worthy of punishment or stopping by deadly force, particularly in a public place with non-involved citizens around who could easily take a bullet. I'm curious as to how many of the chest-pounders, who 'would absolutely love to shoot someone over a purse' have ever actually killed someone before. Particularly by shooting them in the back. As they're fleeing.
 
I'm curious as to how many of the chest-pounders who would absolutely love to shoot someone over a purse have ever actually killed someone before. Particularly by shooting them in the back. As they're fleeing.

Us knuckle dragging chest pounders never once said we would "love" to shoot someone in the back as they flee.

That is a exaggerated statement meant to inflame and insult.

Most of us said we were not bothered by the thief being shot as
a direct result of his actions.

If the man had not wrestled the purse away from the woman he would not
have been perforated.


I take it psyopspec you have not been a victim of a violent crime.

I have been the victim of a property crime and an assault in the past year.

Most of us have no idea how we will react when faced with a situation like this. All we can do is state our opinions and hope we will not be faced with the decision.
 
There are two levels of right in this case. What was right in the eyes of morals, justice, whatever term you want to use. And then there is "right" in the eyes of the law.

On the first one his is right flat out hands down. Im glad he got shot maybe if more do there will be less thieves if they know theres a damn good chance of getting shot. Im not for shooting someone cause he looks at you cross eyed but a thief is a thief and a criminal. If he gets shot in the process of his crime well then bo friggin ho don't rob people. To me you should have equal right to protect your property as you do your life or the life of another. If someone scoops my kid and runs I have a right to shoot him, I should also if someone snatchs by wifes purse or my tv.

Then we do a 180 and look at the legal "right". In which case this guy is screwed, those that depend on him are screwed, those that he supports (wife, kids, etc) are screwed. Also quite possibly on the street cause he is likly to be sued and losoe his house and while he is sitting in jail the bread winner (likly but ya never know) isn't able to provide. It might turn out the biggist payday this crook ever had, hell if I was a criminal Id pray for a bullet in the leg. I say make some legistlation that makes it illegal to sue for injuries sustained in the process of commiting a crime. Everytime a criminal commits a crime, is injured or shot, and sue's (and laughably wins) you reward criminals for being criminals and punish law abiding citizens who did what was morals just. It is sickening I think I will go :barf: now
 
Us knuckle dragging chest pounders never once said we would "love" to shoot someone in the back as they flee.

That is a exaggerated statement meant to inflame and insult.

Stay with me for a second here...

In my eyes the man was 100% justified and should have aimed for the head.

By that statement it seems that you would not only trade places with the shooter, but up the ante with a headshot.

But admit it----deep down some of us would do the same!

I would not expect anyone to act as the shooter did unless they had some sort of primal longing for what I outlined above - namely, popping a petty criminal in the back as he's fleeing.

I apologize If I broke the rules of this forum by cheering someone for shooting a criminal.

To me he is a hero

Cheering for and referring to someone as a hero carries implicit emulation - to do as the hero does and be who the hero is.

That is a exaggerated statement meant to inflame and insult.

Was love too strong a word? Naturally, I didn't mean love in the sense of a deep, emotional connection shared between two people. I intended the word in the same sense that "I love to go to the range," much the same way that my roommate loves to work on cars. Judging by your posts, you'd love (take great pleasure and satisfaction in) taking out the perp as the shooter in the story did (but with a head shot).

Most of us said we were not bothered by the thief being shot as
a direct result of his actions.

True, however I'd like to point out that there's a difference between not caring if he happens to get shot by someone else, and applauding the actions of the shooter.

I take it psyopspec you have not been a victim of a violent crime.

Only if you can classify war as a type of back-and-forth violent crime. In those cases, I didn't take it personally - just fell back on training and reacted accordingly. I strongly suspect I'd do the same if an immediate and deadly threat were posed to me or someone around me in civilian life. Purse snatching just doesn't make the cut for that classification though.

Most of us have no idea how we will react when faced with a situation like this. All we can do is state our opinions and hope we will not be faced with the decision.

Hey, we agree!:cool:
 
If this happened the way the paper said then he will soon see the error of his ways. However, I do not trust the media I think they sometime report to meet their own agenda.
It has not been more than a few weeks ago Charlotte was trying to pass a ban on open carry in the city because some people were walking down the road with their gun on there hip in plan view. One of the major complaints against the ban was there had been no crimes committed and the carrying had only been reported by police, if I recall correctly. I think the city requested more research be done because it was a heated debate. Now if You leave out knife welding attacker ran away after he was shot and it changes everything, and it gives them their crime for someone carry a gun in the public’s eyes. The media leaves out these simple facts as unimportant to try and change the public's option on something in my opinion.
I am just not one to believe everything I see in the newspaper or on TV, and I feel this is all too convenient with the recent attack by this city on gun rights.
 
1911Tuner said:
Although the purse snatcher probably had it coming to him...it was likely because of other, worse acts that he had gotten away with in the past.
But shooting a man for grabbing a purse and running is a bit off the scale.

In most states, you can't even legally do that if the fleeing BG just got through beating you to the ground...and if you should happen to pursue him, shoot at him, and HE pulls his own gun and nails YOU...he will be viewed as having used justifiable lethal force in defense of his own life, because you became the aggressor. When he turned to run, the threat that he posed 10 seconds ago ended. In order to fire, you must be in reasonable fear of iminent death or serious bodily harm...or for those whom you are reasonably authorized to protect. (Friends or family who are with you at the time of the attack)

It's known as "The Reasonable Man Response." i.e. Would a reasonable man have acted in the same manner? The shooter in this case did not.


+1
 
If he had a CCW, then it's going to be a black eye for the entire concealed carry movement and will be a case that those of us fighting in the few remaining states without CCW will see used against us.
This is a legal problem, bad juju for shooting the retreating thief. The shooter will lose his ccw, if he had one, and other rights as well (the right to keep his money, the right to wear clothes other than orange, etc)

But, if I was anti-ccw, I wouldn't bring up this case. I don't think the limping purse-snatcher is going to get much sympathy with the voting public. Maybe he'd get sympathy from his mother. Maybe.

Hopefully the effort to track down the shooter will be way down the police priority list.

Regards.
 
Hawkmoon said:
How do you get a raise to daylight out of the statute you cited? Part B clearly states that the crime has to be committed "during the nighttime," AND the person using the deadly force must reasonably believe that the property cannot be protected or recovered by any other means. I'll grant that if the purse snatcher had a half step head start there probably wasn't any other means to recover the purse, but unless the snatch took place at night the statute does NOT authorize the use of deadly force.

Actually he's right. It says only "theft" during nighttime.

Robbery is included at any time. Robbery includes any use of force and grabbing a purse from someone without force would be damned near impossible to do.

So, good shoot in Texas, even in daylight.

If we assume the legislators know how to use commas, then the statute breaks down like this:

to prevent the other who is fleeing
immediately after committing

burglary,
robbery,
aggravated robbery,
or theft during the nighttime


So, only theft is tied to nighttime gramatically.

And you conveniently left out part B:

(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.

So if it's dangerous to go after the purse, it's still a good shoot by the book in Texas
if we assume that a pursesnatcher would use violence to protect what he obtained
by use of violence, which I'd say pretty much explains itself.

Now, that said, it's pretty dumb to risk your freedom on this, because a Grand Jury
and probably a trial jury is going to hear all this, and I doubt they will like it.

But, from a purely statutory standpoint, it would be legal.

What HAS been held up in Texas courts was a case where a dude stole a car, and the cars owner shot him in the head because he had prior information the guy planned on using the car in a drive-by, so there
was the notion of preventing a bigger crime, and the knowledge ahead of time the thief was armed, so that got him out of part (B). That car theft was at night.
 
Statutes

DNS asked:

>In what states is it illegal where lethal force is justified but not with the intent to shoot and wound? What are the statutes for this?

I am intrigued by the possibility that somebody could get into trouble using lethal force ineffectively (by shooting to wound) when the use of lethal force is justified.<
*****************

Don't know if there are any written statutes...Probably not...but it goes on the assumption that if you aren't justified in shooting to kill, you aren't justified in shooting at all. Also raises a question that if you..during the course of a potentially dangerous confrontation...have time to take careful enough aim to wound, you probably have time to unass the AO.
 
Hawkmoon the statute specifies 4 different activities, one of them being "theft during nighttime". It Does not specify 4 different activities all of them during nightime



"(B) to prevent the other who is fleeing
immediately after committing burglary,
"

(comma - that would be burglary at any time)


"robbery,"

(comma - robbery at any time)


"aggravated robbery",

(comma - ditto above)

"or theft during the nighttime"

(no comma - this is one specific phrase/thought "theftduringthenightime")
 
Status
Not open for further replies.
Back
Top