Truck Box Broken Into While Neighbor Watches

[slow944]

My neighbor down the alley last night was in his garage working when a brown fullsize pickup pulled into the alley behind his truck and the driver jumps out and into the back of my neighbors pickup and pops the lock on his tool box. My neighbor then comes out of the garage and confronts the man and he jumps back into his pickup and peels out with his wife or girlfriend in the passenger seat just watching. After he told me this he also stated he had two pistols in the garage with him and didn't take either one with him. I told him he should have taken a pistol with him when he confronted the perp and either restrained them until the police arrived or just shot the SOB and then called 911 to report the shooting. His reply was "I guess I could have shot his tires out to keep them from leaving." I said how would you know if he didn't have a gun in the truck that his partner could have shot you with. He just kind of looked at me with astonishment on his face. I'm glad nothing was taken, but now the perp's will probably break into someone else's vehicle somewhere else.

 

[jdm1986]

Why would your neighbor be justified in shooting (at) the guy anyway?

 

[camslam]

While it would be nice to apprehend and remove criminals on a regular basis, since our law enforcement and justice system obviously don't, this would cause more problems than would be worth.

The only situation where the guy could have shot them would be if they had come at him. Even then depending on where you live and who would be on the jury, you could still be in a lot of trouble.

At least he saved his neighbors tools, hopefully the criminals will get busted, shot, or stop their thieving ways someday.

 

[buck00]

I told him he should have taken a pistol with him when he confronted the perp and either restrained them until the police arrived or just shot the SOB and then called 911 to report the shooting.

Retrained them? You mean physically restrained them while holding the pistol? Or do you mean like in the movies where you yell "Freeze!" ?

Shooting him for breaking into a tool box? You just gave your buddy advice that could get him 10-25 years in prison.

His reply was "I guess I could have shot his tires out to keep them from leaving."

Nope. Unlawful discharge and reckless endangerment. He would have lost his right to legally own guns depending on the state. Plus, depending on his aim he could injure/kill a passenger in the car and face a civil suit.

I'm not trying to trash you. I like the Chuck Norris enthusiasm, but in the real world you would have to answer for this type of reaction legally.

 

[c_yeager]

Maybe he was astonished at your statement that you think he should have just shot the guy or "restrained" him but that it would have been too dangerous to shoot the tires out. I agree that shooting out tires is a stupid notion, but how would it have been less dangerous to "restrain" the perp. I am just going to pretend that you didn't honestly suggest that he should have just killed the guy outright because my own astonishment meter is pretty close to maxing out as it is. If i were him I would be keeping a weather eye in your direction from now on.

 

[bsf]

My neighbor down the alley last night was in his garage working when a brown fullsize pickup pulled into the alley behind his truck and the driver jumps out and into the back of my neighbors pickup and pops the lock on his tool box. My neighbor then comes out of the garage and confronts the man and he jumps back into his pickup and peels out with his wife or girlfriend in the passenger seat just watching. After he told me this he also stated he had two pistols in the garage with him and didn't take either one with him. I told him he should have taken a pistol with him when he confronted the perp and either restrained them until the police arrived or just shot the SOB and then called 911 to report the shooting. His reply was "I guess I could have shot his tires out to keep them from leaving." I said how would you know if he didn't have a gun in the truck that his partner could have shot you with. He just kind of looked at me with astonishment on his face. I'm glad nothing was taken, but now the perp's will probably break into someone else's vehicle somewhere else.

***?

 

[RobTzu]

While taking the pistol with him would have been a good idea, shooting someone for stealing is most likely prison time. Yelling freeze would be okay, but if the thief ran shooting him would not be a good shoot. Not even close. Shooting the tires would be bad also. When the thief fled, writing down the liscense plate number, make, description of truck, description of thief and family and 911 call is the only proper thing to do.

 

[fjolnirsson]

Wow, just, wow.

 

[glockman19]

Bad Advice.

Shooting him for breaking into a tool box? You just gave your buddy advice that could get him 10-25 years in prison.

 

[ArfinGreebly]

Location?

I do wish that when people post a specific event that has legal ramifications, and their member information doesn't include where they live, that they would, as a courtesy to the rest of us, identify the city/state under discussion.

This would avoid the inevitable "you can't shoot over property" vs "hey, you can where I live" debate that becomes embedded in these threads.

In general, I believe this would have been a bad shoot, but that may not be true everywhere.

So, please, where is this we're discussing?

 

[meef]

I told him he should have taken a pistol with him when he confronted the perp and either restrained them until the police arrived or just shot the SOB and then called 911 to report the shooting.

You're not for real, are you?

In general, I believe this would have been a bad shoot, but that may not be true everywhere.

Yeah it would. Any way you look at it, anywhere this happened - it would be a bad shoot. Whatever the law might state.

 

[gunsmith]

AG correct again

I do wish that when people post a specific event that has legal ramifications, and their member information doesn't include where they live, that they would, as a courtesy to the rest of us, identify the city/state under discussion.

This would avoid the inevitable "you can't shoot over property" vs "hey, you can where I live" debate that becomes embedded in these threads.

For instance afaik in TX you can shoot to protect property at night...or something...

 

[crankshop1000]

You need to realize that events can take an unexpected turn that can change from nothing to something in a heartbeat. If I was going to confront a thief and had the choice of being armed or not,I'm packing.What started out as a property crime could degrade to shots fired before you know it. Good reason NOT to be everybody's personal protector. Chuck.

 

[slow944]

Sorry Folks I didn't realize my location wasn't in my Bio. I live in Dallas, TX and it is leagal to shot someone stealing your property. As an update the "PERP came back and tried it again with the same neighbor. Guy in Irving TX made the news for shooting some guy stealing tools from his toolshed and the police didn't even take him in for questioning. As of Sept. 1, 2007 the "Castle Law" goes into effect and then you don't have to retreat from anyone breaking into your home, car, or business. A State Rep the voted against the Castle Bill in Houston shot at 2 burglers stealing copper from the new house he was building wounding 1 of them in the leg. I guess that it's "Do what I say, Not what I do". By the way I didn't confront the thief, I was going for my daily 2 mile walk with the dog when my neighbor told me what had happened to him.

 

[RubenZ]

I would never shoot someone who is steeling someone elses property. Not worth my TIME or Legal Hassles.

Now if it was my stuff thats different.

 

[Sniper X]

Use of deadly force is only justified when the victem is in fear of his life or health, or if he is protecting his family or belongings. But, in these liberal wacko times, and the whole politically correct bullshiznit, you really have to wait till the last possible second before killing a theif as he is trying to come at you. I wouldn't kill some crack head for stealing stuff from my truck, but I would shoot a few holes in his mode of conveyance to make him want a new job.

 

[meef]

I wouldn't kill some crack head for stealing stuff from my truck, but I would shoot a few holes in his mode of conveyance to make him want a new job.

While you might personally consider that a humane way of approaching it, you are more likely than not to find yourself living rent-free for a while - with all meals and companionship paid for.

 

[vi9er]

Personally

My stuff is not just things. It is things that I have worked for, used the limited time i have on this rock to purchase. By taking my stuff, you are enslaving me. If you steal my motorcycle, you don't just steal a hunk of metal, you have taken every hour i worked to pay for it. It's not property you are taking, its my LIFE.

Grumble grumble, growl,
Vi9er

 

[AJAX22]

My stuff is not just things. It is things that I have worked for, used the limited time i have on this rock to purchase. By taking my stuff, you are enslaving me. If you steal my motorcycle, you don't just steal a hunk of metal, you have taken every hour i worked to pay for it. It's not property you are taking, its my LIFE.

Our legal system no longer sees this as relevant (thank you socialism )

A good read on the subject is Bastiat.

http://www.constitution.org/law/bastiat.htm

 

[roo_ster]

First off, folks might want to note one very pertinent stickie at the top of the S&T forum:
http://thehighroad.org/showthread.php?t=205304

Second, the legality of the proposed suggestion by the OP is very situation-dependent and location-dependent.

Morally, I have no problem with folks defending what is theirs. Doing so should take into account the risks involved and I would not think less of someone or myself if the decision was, "Sit back & call 911" rather than stopping the crime in its tracks.

If I were that neighbor who went out to confront the thieves, you can bet I wouldn't do so without being armed, openly or otherwise.

 

[Hardtarget]

vi9er...your post is almost word-for-word the same as what I've said to many people. I've worked long and hard for most of what I have. I don't take kindly to seeing it just be carted off. Thieves!

Mark.

 

[CraigJS]

For property, it's alot cheaper to pay any deductable on your insurance, then to lose time from work, pay for a lawyer to defend you, or buy smokes for your new roommate "Bubba" if jailed. Your friend would be better off selling one of his two pistols and buy a good cell phone with a camera. Then use the phone first, and bring it along with his other pistol if he's going to confront anybody..
Be safe.

 

[slow944]

When the perp took off my neighbor tried to get his lic. plate # and all the truck had on it was a temparary paper tag on it with a date for the numbers. Here in Dallas theives are buying paper lic. plates to put on their vehicles to avoid getting their plates given to the police.

 

[1 old 0311]

Note to new members: Ignore ALL legal advice given by NON lawyers.

 

[sojournerhome]

I love Texas.
When in apartments had a lot of break ins. My wife went to the neighborhood watch meeting. The police For Worth ploice stated, "If someone kicks in the door and you are home you are fully justified to shoot." "Pull the body inside the door way and then give us a call. We will take out the trash for you. We have had three good citizens perform this service for us this week."

Ahh Texas!