Lex boy jailed for alleged beating of home invader

Lex boy jailed for alleged beating of home invader

This is a discussion on Lex boy jailed for alleged beating of home invader within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; http://www.kearneyhub.com/site/news....d=577571&rfi=6 Lex boy jailed for alleged beating of home invader By BETSY FRIEDRICH, Hub Staff Writer 12/06/2007 Updated 12/07/2007 01 02 PM CST Email to ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 24

Thread: Lex boy jailed for alleged beating of home invader

  1. #1
    VIP Member Array mlr1m's Avatar
    Join Date
    Oct 2006
    Location
    okla
    Posts
    4,298

    Lex boy jailed for alleged beating of home invader

    http://www.kearneyhub.com/site/news....d=577571&rfi=6

    Lex boy jailed for alleged beating of home invader
    By BETSY FRIEDRICH, Hub Staff Writer
    12/06/2007
    Updated 12/07/2007 0102 PM CST
    Email to a friendPrinter-friendly
    LEXINGTON— A Lexington man was arrested Wednesday after allegedly severely beating a would-be robber with his own pistol.

    Advertisement


    Michael Atkins, 17, of Lexington was charged in Dawson County Court Wednesday with assault and use of a weapon to commit a felony. Lexington Police Chief Charlie Clark said Atkins assaulted Ernesto Guerrero, 26, of Grand Island after Guerrero allegedly tried to rob him at gunpoint Nov. 23.

    Guerrero tried to rob Atkins’ west-central Lexington home, which he shares with his mother. Clark said she was not home at the time.

    “He (Guerrero) walked into a home and stuck a gun in the guy’s (Atkins’) face,” Clark said.

    Several of Atkins’ friends arrived, and a fight began. Guerrero tried to flee, but Atkins tackled him in the yard and “beat him severely with his own pistol,” Clark said.

    Clark said Atkins was acting in self-defense when he took the gun away from Guerrero, but “it ceases to be self-defense, especially when you pistol whip the guy over the head with his own gun.”

    Clark said authorities are not sure whether anyone else was involved in the beating and are still searching for suspects. He said Guerrero had at least one accomplice in the robbery, but police have not yet identified that person.

    Guerrero was transported privately to Cozad Community Hospital where he was treated overnight. He was arrested in Grand Island last weekend and brought to Lexington on Monday. He has been charged in county court with robbery and use of a weapon to commit a felony and is being held in the Dawson County Jail on a $10,000 bond.

    Robbery and use of a firearm to commit a felony are both Class II felonies punishable by up to 50 years and a minimum of one year in prison.

    Atkins was charged with second-degree assault, a Class IIIA felony punishable by up to five years in prison, a $10,000 fine or both. He was also charged with use of a firearm to commit a felony, a Class II felony, and unlawful possession of a revolver, a Class III misdemeanor punishable by up to three months in jail, a $500 fine or both.

    Atkins was arrested at about 11:30 a.m. Wednesday when he reported to his probation officer. He is on probation from juvenile court. He is being held on a $5,000 bond in the Dawson County Jail.

    Clark said the gun has not been found, but police were told it is a revolver.

    e-mail to:
    betsy.friedrich@kearneyhub.com



    ©Kearney Hub 2007


  2. #2
    VIP Member Array Tubby45's Avatar
    Join Date
    May 2005
    Location
    Making ammo.
    Posts
    3,054
    I don't see anything wrong with what Mr. Atkins did to his attacker. I think if more criminals got shot or beat down until the police arrived, the world would be a better place.

    What I'm concerned with is where's the gun?

    My hope is that Mr. Atkins tells the DA where the gun is and all the charges against him are dropped.

  3. #3
    Member Array Kevan's Avatar
    Join Date
    Oct 2007
    Location
    Memphis
    Posts
    101
    They charged the victim with "unlawful posession of a revolver"? You take the perp's gun away from him and you are in "unlawful possession of a revolver"? What's he supposed to do, throw it as far away as possible?

    Maybe they should charge him with theft for taking the perp's revolver.

    Why not go ahead and charge him with a hate crime as well? Hispanicophobia!
    I went to buy some camouflage pants, but I couldn't find any.

  4. #4
    VIP Member
    Array Echo_Four's Avatar
    Join Date
    Sep 2006
    Location
    Land of the mostly free
    Posts
    2,848
    He was on probation and the gun wasn't found- I would guess that is why that charge got thrown in there.

    I know everyone is going to get in line to defend this, but I just can't. When you chase someone down, you're no longer acting in self defense. The man spent the night in the hospital, he was clearly beaten pretty badly. I don't begrudge the action taken- it is something that many of us may have done. But, from a legal standpoint, it was the wrong thing to do. You have to act within the boundaries of our law. In this case, the man had the right to defend himself. As soon as there was no longer a threat he no longer was acting in self defense.

    All of that said, I would be SHOCKED if this didn't end up either being dropped or with a plea deal that was pretty agreeable.
    "The only people I like besides my wife and children are Marines."
    - Lt. Col. Oliver North

  5. #5
    VIP Member Array PatrioticRick's Avatar
    Join Date
    Jan 2006
    Location
    Rigby, Idaho
    Posts
    5,142
    Haven't pistol whipped a burglar in a long time, I'd say he was restraining him until police arrived, but he got away.
    Μολὼν λαβέ

    USN 78-82/USAF 82-93 Medically Retired
    Desert Shield/Desert Storm
    DAV Life Member
    NRA Life Member

  6. #6
    Senior Member Array Sergeant Mac's Avatar
    Join Date
    May 2007
    Location
    Nebraska
    Posts
    783
    Quote Originally Posted by Kevan View Post
    They charged the victim with "unlawful posession of a revolver"? You take the perp's gun away from him and you are in "unlawful possession of a revolver"? What's he supposed to do, throw it as far away as possible?
    In Nebraska, the crime of "unlawful possession of a revolver" is committed when a person under the age of 18 knowingly/intentionally possesses a handgun without parental supervision.

    Just thought I'd clarify that.


    ....and, yes, I still think it's BS. (but there may be other facts that just aren't getting the media play)

  7. #7
    Senior Member Array itschuck's Avatar
    Join Date
    Nov 2007
    Location
    Kentucky
    Posts
    734
    No castle doctrine in nebreska??

  8. #8
    Senior Member Array joleary223's Avatar
    Join Date
    Feb 2007
    Location
    Georgia
    Posts
    1,057
    Sounds like the kid was allready on probation, so he's no angel to begin with and the kid or one of his friends has the perps gun, that might be the source of the firearms charge. Just another thug on thug crime.
    CRIME..... LAW DEFINES, POLICE ENFORCE, CITIZENS PREVENT!

    FOUR BOXES KEEP US FREE: [1] SOAP [2] BALLOT [3] JURY [4] AMMO!

  9. #9
    Senior Member Array Andy W.'s Avatar
    Join Date
    Mar 2007
    Location
    KY
    Posts
    983
    beat him severely with his own pistol
    I'd say he deserved it, legal or not.
    America: Your government is not ignoring you, it's insulting you.

    The Bill of Rights: Void where prohibited by law.

  10. #10
    Senior Member Array jeephipwr's Avatar
    Join Date
    Nov 2005
    Location
    Triangle, NC
    Posts
    612

    Sympathetic DA?

    Maybe some of those folks in the system will let him off easy.

  11. #11
    VIP Member Array Tubby45's Avatar
    Join Date
    May 2005
    Location
    Making ammo.
    Posts
    3,054
    Quote Originally Posted by Echo_Four View Post
    He was on probation and the gun wasn't found- I would guess that is why that charge got thrown in there.

    I know everyone is going to get in line to defend this, but I just can't. When you chase someone down, you're no longer acting in self defense. The man spent the night in the hospital, he was clearly beaten pretty badly. I don't begrudge the action taken- it is something that many of us may have done. But, from a legal standpoint, it was the wrong thing to do. You have to act within the boundaries of our law. In this case, the man had the right to defend himself. As soon as there was no longer a threat he no longer was acting in self defense.

    All of that said, I would be SHOCKED if this didn't end up either being dropped or with a plea deal that was pretty agreeable.
    Similar thing happened in Green Bay when I lived there. Guy broke into an apartment, tried to rob two brothers that were in there. One of them told him where to go and he tried to shoot him but the gun made that really loud "click". They beat the tar out of him while one of the GFs called 911. Bloodied him up real good; broken jaw, nose, ribs, etc. DA refused to press charges under political pressure because he said "if some criminal breaks into your home and tries to rob you he does so at his own peril. The victims in this case turned the tide and showed the criminal what happens when you make a mistake in the victim selection process. If anything we should be learning a lesson from the brothers. Don't bow down to criminals. Fight back at all costs."


  12. #12
    VIP Member Array SammyIamToday's Avatar
    Join Date
    Mar 2006
    Location
    Oklahoma
    Posts
    2,087
    Morally I think everything he did was in the right.

    Legally, he's probably gonna get a little sentence. Private citizens don't have the right of pursuit.
    ...He suggested that "every American citizen" should own a rifle and train with it on firing ranges "at every courthouse." -Chesty Puller

  13. #13
    VIP Member Array mlr1m's Avatar
    Join Date
    Oct 2006
    Location
    okla
    Posts
    4,298
    I hope there is more to this story than what was in the news. Maybe when some of the other witnesses come forward we will know the full story.
    I hate to think that this boy will be prosececuted if what was in the story is the full truth.

    Michael

  14. #14
    VIP Member Array Janq's Avatar
    Join Date
    Nov 2005
    Posts
    6,781
    Quote Originally Posted by Echo_Four View Post
    He was on probation and the gun wasn't found- I would guess that is why that charge got thrown in there.

    I know everyone is going to get in line to defend this, but I just can't. When you chase someone down, you're no longer acting in self defense. The man spent the night in the hospital, he was clearly beaten pretty badly. I don't begrudge the action taken- it is something that many of us may have done. But, from a legal standpoint, it was the wrong thing to do. You have to act within the boundaries of our law. In this case, the man had the right to defend himself. As soon as there was no longer a threat he no longer was acting in self defense.

    All of that said, I would be SHOCKED if this didn't end up either being dropped or with a plea deal that was pretty agreeable.
    Agreed 100%

    Nothing further to say or add.

    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  15. #15
    Senior Member Array Sergeant Mac's Avatar
    Join Date
    May 2007
    Location
    Nebraska
    Posts
    783
    Quote Originally Posted by itschuck View Post
    No castle doctrine in nebreska??
    There actually is.....kind of.

    In order to use DEADLY force in self-protection, you must reasonably believe that you're in imminent danger of death or serious bodily injury.

    If you can retreat with complete safety, you must do so......EXCEPT that no one is obligated to retreat from their home or place of employment (unless they were the initial aggressor).

    It's a far cry from Colorado's "make my day" law, or Florida's, but it's better than an absolute duty to retreat as exists in more liberal locales.

Page 1 of 2 12 LastLast

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Brutal St. Louis home invasion beating tied to Craigslist hiring
    By grady in forum In the News: The Good, the Bad and the Ugly
    Replies: 6
    Last Post: June 2nd, 2010, 11:56 AM
  2. Another Home Invader Dies
    By CT-Mike in forum In the News: The Good, the Bad and the Ugly
    Replies: 15
    Last Post: January 6th, 2008, 11:13 AM
  3. Homeowner Kills Teen During Alleged Home Invasion
    By lgsracer in forum In the News: The Good, the Bad and the Ugly
    Replies: 12
    Last Post: August 26th, 2007, 02:48 AM
  4. Just caught a home invader.
    By BIG E in forum Off Topic & Humor Discussion
    Replies: 33
    Last Post: June 22nd, 2007, 04:56 AM
  5. A home invader's last break-in (NM)
    By Nick in forum In the News: The Good, the Bad and the Ugly
    Replies: 24
    Last Post: December 7th, 2006, 10:14 PM