It can happen to any of us.

It can happen to any of us.

This is a discussion on It can happen to any of us. within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; A decorated Marine veteran was sentenced to 2 years in prison for killing an assailant that was attacking him after trying to break into his ...

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  1. #1
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    It can happen to any of us.



    A decorated Marine veteran was sentenced to 2 years in prison for killing an assailant that was attacking him after trying to break into his parked vehicle at his house. To add injury to insult, the judge ordered the veteran to pay $30,000 in restitution to the deceased criminals family. Why is it that a law abiding citizen can be punished for protecting his family or his own life? Why do our judges protect the criminals rather that the intended victims? See the unbelievable story below.

    ABQNews


  2. #2
    Distinguished Member Array sniper58's Avatar
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    It's a political thing....... it also depends on the State. The Castle Doctrine (in most states) protects the homeowner from the BS lawsuits and legalities that usually follows a break-in or robbery gone good. Sounds to me that the State doesn't have the CD on the books, or it's loosely written. Pleading guilty to a "criminal offense" that may be otherwise a protected action (i.e. Castle Doctrine) tells me there's more to the story and the shooter wasn't comfortable going through a jury trial. This, to me, is the most likely scenario.
    Tim
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  3. #3
    Member Array bluez4u's Avatar
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    That really sucks.

    I bet the welfare family will buy an Escalade and probably get a "Handicapped" sticker................

    I'll see them at Wallmart.......

  4. #4
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    Boy don't that really stink. Some kind of communistic judge. Albuquerque NM----well, that's on the way toward Kalifornia from here anyway. West coast influence may be spreading eastward? Yes--if it can happen to one of the best of the best---it can happen to anyone.

  5. #5
    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by Ram Rod View Post
    Boy don't that really stink. Some kind of communistic judge. Albuquerque NM----well, that's on the way toward Kalifornia from here anyway. West coast influence may be spreading eastward? Yes--if it can happen to one of the best of the best---it can happen to anyone.
    West influence spreading east and North(Old York, Taxachewsets, etc...) is spreading south and west. Eventually they're going to meet at the Mississippi and we'll have ourselves an non-civil war on our hands.

    Seriously though...WTH? Anyone know if there's been some kind of fund or anything set up to help him pay the settlement?
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the crap out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

  6. #6
    VIP Member Array raevan's Avatar
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    "Richard unexpectedly entered a no-contest plea to voluntary manslaughter"

    Why? Story doesn't say, I think there is more to this then has been reported.

  7. #7
    Senior Member Array glock21guy's Avatar
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    One puts their life on the line for this county, for what! Only to be screwed by the legal system.

    To think, we have the "best" legal system in the world.

    I wonder how bad it will get in the years to come.
    Aaron

    If you don't protect your self, who will?

  8. #8
    Ron
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    Distinguished Member Array Ron's Avatar
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    Although I feel very bad for him, he did plead "No Contest" and according to what I read the BG was caught trying to break into his car, not attacking him. If this is, in fact, what happened, no "Castle Law" would apply, because, again assuming what I read is what happened and that I read it correctly, he killed someone while attempting to protect property outside his home. Yes, he served his country, and deserves great admiration for that, but if he was not in fear of his life, then IMO he used very bad judgment in using deadly force under those circumstances. And, that is probably why he pleaded "No Contest."

    Ron
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  9. #9
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by armado View Post
    Why is it that a law abiding citizen can be punished for protecting his family or his own life?
    Dishonor and lack of moral grounding on the part of judges, prosecutors and legislators, and a similar lack of the same on the part of the people who elected them.

    Why do our judges protect the criminals rather that the intended victims?
    Job security, and the fact that the legislation put forward by the people's representatives has crafted the law to read in exactly the way intended to best control the population.

    That said, I'm uncertain of some of the details. Had the same situation occurred in Texas, I'm sure he'd be sipping hot totties and going about his life. Elsewhere, however, you'd better be defending against a person crime, as opposed to a property crime, and you'd better be able to prove that as fact. Sad, but true. Unknown what occured, here, exactly. This guy plead guilty, so I'm assuming he wasn't absolutely certain of the urgency of the shooting, nor the defensive nature.

    All the more reason for:
    • The right to defend yourself, others, your home and your property.
    • The requirement that prosecution prove a defensive shooting could not possibly have been in defense of the above, as opposed to the citizen being guilty until he, himself, proves his own innocence.
    • The shielding of citizens from civil lawsuits in the event no criminal charges are proven.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
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  10. #10
    VIP Member Array packinnova's Avatar
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    Quote Originally Posted by Ron View Post
    Although I feel very bad for him, he did plead "No Contest" and according to what I read the BG was caught trying to break into his car, not attacking him. If this is, in fact, what happened, no "Castle Law" would apply, because, again assuming what I read is what happened and that I read it correctly, he killed someone while attempting to protect property outside his home. Yes, he served his country, and deserves great admiration for that, but if he was not in fear of his life, then IMO he used very bad judgment in using deadly force under those circumstances. And, that is probably why he pleaded "No Contest."

    Ron
    Agreed legally speaking, but I can't fault him for it. Problem is that my morals don't match with current societal laws, so even though I agree on a personal level with his decision to shoot, I understand that legally in most cases it's a no-no. It doesn't help that he probably knew he was going up against a hardliner judge and facing the max. He probably felt he had no choice but to plead no contest to save his bacon.
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the crap out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

  11. #11
    VIP Member Array Sticks's Avatar
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    Sounds like it was a bad judgment shoot, and was better off with the plea.

    Restitution to a person (or their family) injured or killed while in the commission of a crime boggles the mind.
    Sticks

    Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
    A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
    See also Sheep

  12. #12
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    Info from this story is missing...the Marine either had bad advice from his lawyer, or he pleaded because he DID do something stupid...can't tell from this article.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

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  13. #13
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    From the article:

    Richard was originally charged with second-degree murder in the 2004 shooting death of 34-year-old Daniel Romero, who Richard said had been trying to break into his car outside his northwest Albuquerque home, according to earlier Albuquerque Journal reports.
    And there's why he's headed for a jail cell.

    The BG was breaking into his car outside. The BG was no threat, and the "GG" elected to go out and initiate the confrontation that ended with the shooting.

    Sounds to me like he's lucky he's only getting 2 years.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  14. #14
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    Quote Originally Posted by MattLarson View Post
    From the article:



    And there's why he's headed for a jail cell.

    The BG was breaking into his car outside. The BG was no threat, and the "GG" elected to go out and initiate the confrontation that ended with the shooting.

    Sounds to me like he's lucky he's only getting 2 years.

    Matt
    This precisely mirrors a case in Montana 3 or 4 years ago. A homeowner observed a teen-ager attempting to break into his car, which was parked outside his house, on the street. Armed with a .357 revolver, he confronted the teen-ager, who immediately turned around and began to run away. The homeowner shot the kid in the back of the head from about 5 feet away, killing him instantly.

    The homeowner claimed self defense. The jury laughed his lawyer out of the courtroom and sent the homeowner to Montana State Prison for life.


    When you’re wounded and left on Afghanistan’s plains,
    And the women come out to cut up what remains,
    Just roll to your rifle and blow out your brains,
    And go to your God like a soldier.

    Rudyard Kipling


    Terry

  15. #15
    VIP Member Array dukalmighty's Avatar
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    In Texas you can use deadly force against somebody trying to commit a burglary during night hours on your property and under castle doctrine you cannot be sued civilly by criminals family.I'm glad i moved to Texas last year

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