UGLY: Illegal Immigrant Stops Robbery - Mercedes, TX

This is a discussion on UGLY: Illegal Immigrant Stops Robbery - Mercedes, TX within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Originally Posted by Kerbouchard All I know is I hope Garcia goes to jail for a long time. Giving a felon/illegal alien a firearm, harboring ...

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Thread: UGLY: Illegal Immigrant Stops Robbery - Mercedes, TX

  1. #16
    Distinguished Member Array P7fanatic's Avatar
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    Quote Originally Posted by Kerbouchard View Post
    All I know is I hope Garcia goes to jail for a long time. Giving a felon/illegal alien a firearm, harboring an illegal/fugitive, interfering in an investigation...I'd say she's up the creek without a paddle.
    He's probably back in Mexico. Garza and Santana should be charged with the perps death also.
    As far as harboring.....I wonder how many illegals the mayor of Houston is harboring at any given time? And I wonder how many civilians and policemen illegals have killed in Houston, Dallas, San Antonio, Austin, Laredo.......
    I wish the Texas Attorney General would get up off his but and do something about these Sanctuary cities since Gov Perry won't.
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  3. #17
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    Quote Originally Posted by rmarkob View Post
    They don't have to have killed anyone to be charged with felony murder: Felony murder rule - Wikipedia, the free encyclopedia
    not applicable in this situation in Texas

    if Garcia had killed Delgadillo during the burglary, then Garcia's buddies could be charged with Delgadillo's murder also, but since the defender of the property (Delgadillo) shot one of the burglars, Garcia's buddies will only be charged with burglary
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  4. #18
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    MERCEDES - An illegal immigrant tasked with guarding a convenience store shot and killed a teenager who attempted to burglarize it, Hidalgo County Sheriff Lupe Treviño said Monday.

    Silvestre Delgadillo, 28, remained on the run and authorities had "no idea" whether he fled to Mexico, Treviño said.

    Delgadillo, who was convicted in 2005 on a felony drug charge, has been charged with unlawful possession of a firearm by a felon, a third-degree felony.

    But the actual homicide is complicated by Texas' castle law, which allows people to use lethal force to defend themselves and their property.

    Delgadillo is accused of shooting Roberto Garcia, 17, late Friday night.

    "He is there to protect his residence - protect the business - under the direction of the owner," Treviño said.

    He said he will submit the case to the District Attorney's office, which will then present it to a grand jury. The grand jury will determine whether to charge Delgadillo in connection with the homicide.

    Delgadillo, who was deported after being released from prison earlier this year, could also be charged with a felony for illegally re-entering the country.

    The shooting occurred late Friday or early Saturday, Treviño said, when Garcia and Ramiro Garza and Eloy Santana, both 17, tried to burglarize Valeria's Drive Thru convenience store by breaking through its roof.

    Delgadillo was living inside the business, though, and had been told by store owner Olivia Lopez, 34, to guard it with a gun she provided, Treviño said. Delgadillo shot Garcia during the burglary, hitting him in the lung and artery, Treviño said. The wound killed Garcia within minutes.

    Lopez, the storeowner, will be charged with failure to report a felony because she was not candid with police about the shooting, Treviño said. A grand jury would also have to decide whether she could face any sort of homicide charges.

    "Ms. Lopez gave a convicted felon a firearm," Treviño said. "That's against the law. She lied to us from the onset of the investigation. That's against the law."

    Garcia's accomplices will also be charged with burglary, Treviño said.
    This is a complete bucket of worms. Delgadillo is a convicted felon who has illegally rentered the country after being deported. Ms Lopez is guilty of harboring a fugitive and supplying him with a gun. Garcia and accomplices guilty of burglary.
    Charge them all with felony murder. Strap them all to tables side by side. Make it a one push needle party!
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  5. #19
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    Quote Originally Posted by Hopyard View Post
    One real problem here is that the people involved, owner, illegal teen guard, are both probably fairly unsophisticated people for whom the more complex issues are inaccessible. Owner may not have known she shouldn't give a teen a gun, least of all one with a felony charge. Kid should have been wiser that take it, but is a kid in desperate straights needing to make some money.
    The guard was not a teen.

    Ignorance on the part of the store owner is no excuse.

    Rick

  6. #20
    Senior Member Array ntkb's Avatar
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    I don’t know Texas law, but seems to me that the shooter should be charged with illegal reentry to the US.
    If it can be proved that the store owner knew he was illegal and a felon charge her with that.

  7. #21
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    I say thank him then kick his *** out of our country, then charge the store owner with hiring an illegal alien.

  8. #22
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    The only problems I have is the guy is able to come and go across the border virtually at will,and then he was supplied with a firearm when it was illegal for him to posess the firearm,he should be charged with unlawful posession and lady should be charged with providing a felon with a firearm and hiring an illegal alien also filing false police report
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  9. #23
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    But the actual homicide is complicated by Texas' castle law, which allows people to use lethal force to defend themselves and their property.
    I don't see where the castle law even comes into play here. Castle law does not give anyone the right to illegally enter the country, nor does it give a convicted felon the right to possess a gun, or for someone to give a felon a gun. What we have here is 3 felons coming together, with the result being one dead. The courts should handle it as such.
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  10. #24
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    Quote Originally Posted by archer51 View Post
    I don't see where the castle law even comes into play here. Castle law does not give anyone the right to illegally enter the country, nor does it give a convicted felon the right to possess a gun, or for someone to give a felon a gun. What we have here is 3 felons coming together, with the result being one dead. The courts should handle it as such.
    thats what I said in my earlier post....the castle law has nothing to do with this, the self-defense/defense of property law has been in place for decades, has nothing to do with the few little clarifications the new law made this past september; its just the media showing its ignorance of firearms/firearms laws/shootings.....as usual
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    "I got a touch of hangover bureaucrat, don't push me"
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    Independence is declared; it must be maintained. Sam Houston-3/2/1836
    If loose gun laws are good for criminals why do criminals support gun control?

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