"(AP) Armed state senator foils alleged burglary by teens"

This is a discussion on "(AP) Armed state senator foils alleged burglary by teens" within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; KNOXVILLE, Tenn. State Sen. Tim Burchett says he foiled a burglary of his warehouse on Wednesday and held the suspected teenagers at gunpoint until authorities ...

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Thread: "(AP) Armed state senator foils alleged burglary by teens"

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    Member Array osanmike's Avatar
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    "(AP) Armed state senator foils alleged burglary by teens"

    KNOXVILLE, Tenn.

    State Sen. Tim Burchett says he foiled a burglary of his warehouse on Wednesday and held the suspected teenagers at gunpoint until authorities arrived.

    The Knoxville Republican said the warehouse where he keeps old motorcycles and parts had previously been burglarized and he was trying to catch the perpetrators by staking out the woods nearby, The Knoxville News Sentinel reported on its Web site.

    The teenagers had broken off the lock and were about to go inside when he confronted them with his pistol.

    "I got four of them. One got away," Burchett said, although deputies told him the fifth was arrested...
    ...later. "I think that's pretty good. I'm sick of crime. I'm sick of being a victim. I've been staying up at night trying to catch these guys."

    Knox County Sheriff's department spokeswoman Martha Dooley confirmed that the teenagers were arrested, but said a report had not been filed and she could not give details.

    Burchett told the newspaper that three motorcycles and a security camera had previously been stolen, apparently after school hours.

    When he spotted the teens Wednesday, he said he called 911 to tell them he was armed and planned to confront the suspects.

    "The lady said, 'Are you going to shoot them?' and I said, 'No, I'm notgoing to shoot some kid over a dad-gum motorcycle,'" he said.

    Burchett said he told the youths to "put your hands up" and then to "put your hands behind your head."

    "One of them said, 'Well, which one do you want: Hands up or behind the head?' and I said, 'Either one,'" he said.

    The senator was re-elected last week without opposition and has served in the state General Assembly for eight years. He holds a concealed weapon permit and owns two pistols: a 9 mm Glock and a .25-caliber Keltec.
    ___

    Information from: The Knoxville News Sentinel, http://www.knoxnews.com

    Copyright 2006 by the Associated Press. All RightsReserved.
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    Good for him, the sad thing is that in Ohio he would of been in the wrong. I don't know about Tennessee, but here in Ohio, using deadly force can only be used as a defense against serious physical harm or death, not as a protection of property. He also would have been at fault by escalating the situation.
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    Hey Senator...



    Well Done!

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    Member Array cpmiv's Avatar
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    Quote Originally Posted by osanmike View Post
    He holds a concealed weapon permit and owns two pistols: a 9 mm Glock and a .25-caliber Keltec.
    Good for him. But *** is a .25 caliber Keltec. Was it made and discontinued?

    At least the reporter didn't seem to be an anti but he could have gotten the facts right.
    There are over 550 million firearms in worldwide circulation. That's one firearm for every twelve people on the planet. The only question is: How do we arm the other 11? (Yuri Orlov [Nicolas Cage] Lord of War)

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    Good for him!! he done did good (Tenn talk)JK
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    VIP Member Array Blackeagle's Avatar
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    Quote Originally Posted by buckeye07 View Post
    Good for him, the sad thing is that in Ohio he would of been in the wrong. I don't know about Tennessee, but here in Ohio, using deadly force can only be used as a defense against serious physical harm or death, not as a protection of property. He also would have been at fault by escalating the situation.
    According to the article, he didn't actually use any deadly force, instead he, "confronted them with his pistol." Now conceivably, this could lead to some sort of brandishing charge, but that doesn't seem likely in this case.

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    Member Array walther1's Avatar
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    Ohio is probably one of the worst states I have ever lived in and I will be moving next March. YEAH!!!
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    Member Array thirtyonebravo's Avatar
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    Quote Originally Posted by buckeye07 View Post
    Good for him, the sad thing is that in Ohio he would of been in the wrong. I don't know about Tennessee, but here in Ohio, using deadly force can only be used as a defense against serious physical harm or death, not as a protection of property. He also would have been at fault by escalating the situation.
    would that include just detaining a burgler? I mean he's not actually "using" deadly force if not firing.
    "I've got a shotgun, a rifle, and a four-wheel drive.. a country boy can survive..." - Hank Williams, Jr.

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    VIP Member Array peacefuljeffrey's Avatar
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    Quote Originally Posted by buckeye07 View Post
    Good for him, the sad thing is that in Ohio he would of been in the wrong. I don't know about Tennessee, but here in Ohio, using deadly force can only be used as a defense against serious physical harm or death, not as a protection of property. He also would have been at fault by escalating the situation.
    Escalating?
    He's a guy who is on his own property, and encounters burglars. He has no way of knowing whether they are ARMED in the commission of this felony, so why should he not present a weapon of his own so that he does not have to do so reactively after they point weapons at him?

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    I am not a lawyer, and don't know about Tennessee, however, both of my God parents are lawyers in Ohio (one a prosecutor and one a criminal defense attorney.) After I moved to school in Columbus, I posed a question to them about what steps I could take if my trcuk was being broken into/stolen in my driveway (a major problem around campus). They said the only thing I could do is call the cops and watch my beautiful GMC 2500 drive away. If I went down a confronted the would be theifs, especially with a weapon, that would be escalating the situation, and an affirmative defense of self defense could no longer be used because of that. The only place that their is no duty to retreat is in your own home or place of business.

    The Senator was not inside his buisiness, he was laying in wait outside the business. And deadly force, or the threat of it, can not be used to protect property, since their is no immenent threat of serious bodily harm or death. Pointing a firearm at a would be thief is certainly a threat of deadly force, and in protection of property, and he certainly didn't try to retreat from the situation, he was laying in wait and premediatated it. Maybe TN has a castle law like Florida, I was making a comment about Ohio.

    If I "John Q. Citizen" rushed downstairs with a .45 and point it at some thug breaking into my truck, I could be in some trouble depending on how big of a jerk the city prosecutor wants to be, and if I have to to shoot said thug because I feel he is threateneing me, I can't really use self defense in court because I did not retreat while outside of my residence.
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    Member Array thirtyonebravo's Avatar
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    Quote Originally Posted by buckeye07 View Post
    I am not a lawyer, and don't know about Tennessee, however, both of my God parents are lawyers in Ohio (one a prosecutor and one a criminal defense attorney.) After I moved to school in Columbus, I posed a question to them about what steps I could take if my trcuk was being broken into/stolen in my driveway (a major problem around campus). They said the only thing I could do is call the cops and watch my beautiful GMC 2500 drive away. If I went down a confronted the would be theifs, especially with a weapon, that would be escalating the situation, and an affirmative defense of self defense could no longer be used because of that. The only place that their is no duty to retreat is in your own home or place of business.
    it's why ya gotta move to Texas. whole other ball game there hehe
    "I've got a shotgun, a rifle, and a four-wheel drive.. a country boy can survive..." - Hank Williams, Jr.

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