GOOD: Tree trimmer stops robber with shotgun

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Thread: GOOD: Tree trimmer stops robber with shotgun

  1. #1
    Senior Member Array MotorCityGun's Avatar
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    GOOD: Tree trimmer stops robber with shotgun


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    Member Array Alpine's Avatar
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    I just hope that he was acting under the directions of the owner. Otherwise, I can see him getting sued by the thief. Generally speaking you can't use deadly force to protect property, especially commercial. If I were advising the company, I would have gone with getting a very loud and networked alarm system as well as some physical security upgrades. "Security guy with a shotgun" can cause more problems than it solves.

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    VIP Member Array Guantes's Avatar
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    Depending on local statutes, the prevention of a felony comes to mind.
    "I do what I do." Cpl 'coach' Bowden, "Southern Comfort".

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    Member Array Alpine's Avatar
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    Quote Originally Posted by Guantes View Post
    Depending on local statutes, the prevention of a felony comes to mind.
    Correct me if I'm wrong, but wouldn't that require provable foreknowledge, and if that's the case the claim could be made he should have just called the police?

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    VIP Member Array Guantes's Avatar
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    I'm not sure I understand the foreknowledge part of your question.

    Generally speaking, Burglary is entry/sometimes forced, to commit theft or any other felony. Forced entry, with two recent burglaries, would suggest that this was also a burglary. There is often a presumption in the law that forced entry indicates a burglary.

    While it is often best to call LE, there are seldom statutes that mandate it in place of personal action to stop the crime.
    "I do what I do." Cpl 'coach' Bowden, "Southern Comfort".

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    Member Array Alpine's Avatar
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    Oh I see what you mean. I was referring to civil litigation, not criminal. If he was not acting at the behest of his employer, basically as a security guard, it could be argued that he was going out of his way to instigate a dangerous situation.

    As to my deadly force comment, I ask a lot of people "Ok, so a guy's stealing your flat screen and you put your shotgun in his back. He doesn't want to play, but he doesn't have a weapon. Now what?" Point being, bringing a weapon into the situation can cause a lot of things you aren't prepared for. Was this guy ready to put 00 buck into this guy's back if he moved? Good chance if he did, he'd be in jail right now.

    Again, good for him, but might have been more initiative than judgement going on here.

  8. #7
    VIP Member Array Guantes's Avatar
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    I agree the the use of lethal force without proper justification will cause you problems.

    With regard to the flat screen, there are to many variations in statutes in different areas to really address that, other than to say that the more force options you have the better you will fare.
    "I do what I do." Cpl 'coach' Bowden, "Southern Comfort".

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    VIP Member Array dukalmighty's Avatar
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    Quote Originally Posted by Alpine View Post
    Oh I see what you mean. I was referring to civil litigation, not criminal. If he was not acting at the behest of his employer, basically as a security guard, it could be argued that he was going out of his way to instigate a dangerous situation.

    As to my deadly force comment, I ask a lot of people "Ok, so a guy's stealing your flat screen and you put your shotgun in his back. He doesn't want to play, but he doesn't have a weapon. Now what?" Point being, bringing a weapon into the situation can cause a lot of things you aren't prepared for. Was this guy ready to put 00 buck into this guy's back if he moved? Good chance if he did, he'd be in jail right now.

    Again, good for him, but might have been more initiative than judgement going on here.
    In Tx he better play nice or he could end up dead
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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