Neighbor handcuffs, detains would-be-burglars at gunpoint | khou.com Houston
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This is apparently a good thing... this time...
And, while I hear that the neighbors, and the neighborhood in general, is sick and tired of being victimized...
It is extremely risky business to attempt to apprehend and hold, especially physically restrained (handcuffs or zip ties), a perpetrator or perpetrators... Especially while holding them at gunpoint.
Other than the obvious (someone will chime in here, I'm sure) training required to effectively handcuff a criminal.... there are other risks.
Like the "good Samaritan" getting charged with kidnapping and false imprisonment, to start... And he'll be in jail while the perps go Scott free...
Yep, most states allow for citizens arrest... and some states allow for using deadly force to detain felons... And Texas has laws that let you shoot someone just 'cause he needed killin'... (well almost, fleeing felon laws). But there are 49 other states that don't take kindly to this.
The neighbor/goodguy confronted the perps after he saw them scaling a fence... And apparently thought they were up to no good. So, he went back into his own home got his gun and his handcuffs (and presumably called police). He now catches up to the two... are they actually breaking in? Probably not... the article says:That's not a felony in most states, and may be pled down to simple trespass... definitely a misdemeanor.Quote:
"Roger Boose, 20, and 18-year-old Brandon Flores now face criminal trespassing charges."
Now Boose and Flores get themselves a shyster... and goodguy was using deadly force to imprison and detain, and perhaps relocate them outside the fence. In some states, moving someone a mere 50 feet, under duress... handcuffs and gunpoint is duress, I'm sure... is Kidnapping... a felony..
Before a civil trial, their shyster might demand that you be charged with these crimes... If you are convicted, your estate will be liable for the trauma you inflicted on these poor boys that were just taking a shortcut, over the fence and through the woods to grammaw's house...
Confront them? Sure. Call 911? In a heartbeat... Hold 'em at gunpoint (I don't have to go back to my house to get my firearm... especially if I'm going out to confront two perceived perps)? Cuff 'em?
Not me, boyo... I ain't got the money it's gonna take for the lawyer to save my rear from the boys at the pen... just 'cause I got all Charles Bronson on some good little boys.
If i safely have someone at gun point, theres no need to put myself in harms way again to handcuff them.
Its gunpoint until the police get there for me.
What if they decide to run off..? You gonna shoot 'em?Quote:
Originally Posted by NMB
No, unless I am in fear of death or great bodily harm.Quote:
Originally Posted by oakchas
That guy is on my Christmas card list now.
Not the smartest move, but it worked out. Kudo's.
"Police said the neighbor confronted two men. According to police, he went back into his home and got handcuffs and a gun." So he left, and these idiots stuck around?
Perhaps it was a matter of him saying, "Here's boys, put these on and have a sit."