New CCer stops home burglary, shots fired

This is a discussion on New CCer stops home burglary, shots fired within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; About ten miles from me there has been a recent outbreak of home burglaries. Well, yesterday a neighbor drove up and saw an unfamiliar car ...

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Thread: New CCer stops home burglary, shots fired

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    New CCer stops home burglary, shots fired

    About ten miles from me there has been a recent outbreak of home burglaries.

    Well, yesterday a neighbor drove up and saw an unfamiliar car in his neighbor's drive way. Then he saw guys coming out with TVs etc.; and simultaneously the real owner drove up with grand kid in tow.

    The neighbor, a new cc er licensed only a couple of months, attempted to block their escape with his car; warned them that he was armed but they blew him off.

    The newsy wasn't crystal clear about what happened next, but they must have threatened to run him down because he fired 7 shots at their car. (.45 fwiw)

    Cops caught the car and driver a mile or so down the road. Accomplice is still being searched for with dogs-- or was, as of the last news broadcast.

    Hate to think what would have happened if homeowner had walked in on those two or neighbor hadn't intervened.

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    VIP Member Array goldshellback's Avatar
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    Any link or news as to wether or not the burglars were armed.......?

    Loosing shots at a car might not go over too well.


    ......but I do love Texas!
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    Wow, like to hear how this story turns out... Hope all is well with the neighbor and the LEOs!
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    Let's hope that new CC'r gets some firearms training with a lot of emphasis on hitting the target.

    Texas law will probably give him a pass on shooting under those conditions.
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    Texas? This guy will be good to go......and as it should be!
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    Member Array Ed4032's Avatar
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    Here it is. Of course in Texas it was not front page stuff...

    Brazos County Deputies Investigating Home Burglary

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    Ya,.. That wouldn't go over well with the Arizona LEO.. In Arizona you cannot put yourself in a situation and then commence to firing,. We'd have to just sit back and call the LEO and if they came out, let them go and the LEO get to try and find them.. (good luck there) only way we could get involved would be if the people came home and we suspected that they could be taken hostage or get hurt or killed,. But we're instructed to be a good witness instead of taking matters in our own hands,.. ???

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    Law is a tad ambiguous in this situation

    Quote Originally Posted by TOF View Post
    Let's hope that new CC'r gets some firearms training with a lot of emphasis on hitting the target.

    Texas law will probably give him a pass on shooting under those conditions.
    It seems to me the law is a tad too ambiguous in this circumstance, but it is doubtful any action would be taken against the neighbor.

    I don't know about the shooting at the car part, but I doubt the DA will concern himself with it. Clearly there was a burglary and there was a refusal to stop the burglary when the BGs were confronted, and some attempt to use the get away car as a weapon. It would be slightly more clear cut if this happened at night, because the code is missing a comma, and it is a tad hard to tell what it really means.

    Our DA is more level headed then most, and by most accounts his office is well run. So likely there will be no action against the good guy.

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    burglary or theft, at night time

    Quote Originally Posted by TucAzRider View Post
    Ya,.. That wouldn't go over well with the Arizona LEO.. In Arizona you cannot put yourself in a situation and then commence to firing,. We'd have to just sit back and call the LEO and if they came out, let them go and the LEO get to try and find them.. (good luck there) only way we could get involved would be if the people came home and we suspected that they could be taken hostage or get hurt or killed,. But we're instructed to be a good witness instead of taking matters in our own hands,.. ???
    Texas law is specific that deadly force can be used to stop a burglary or theft at night time. The exact code however is a tad ambiguous, because it is not 100% clear that the burglary must be at night time.

    In any case, these BGs posed a fairly clear threat to the arriving home owners and to the neighbor.

    We'll see what the DA does with it, but I suspect it will be absolutely nothing.

    Of course, the neighbor could have politely moved his car out of their way and retreated to his house; thus saving himself the bother.

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    Member Array ImaShepardRU's Avatar
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    I would think in Texas he might face charges for poor shot placement.

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    VIP Member Array grady's Avatar
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    Good for the neighbor for being armed. Had he been an unarmed, concerned neighbor, it might not have gone well for him.

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    Here is a link for Arizona law in this matter,.. This is Arizona, not Texas,... For Texas having a law to protect people and allow deadly force to be use in burglary,.. That is GREAT!!!.. Maybe Arizona will start allowing it too some day,. Seems only right to be able to protect your property or the property of others.,. .

    Threat of Deadly Force to Protect Property… : Arizona CCW Permit

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    I forget my definitions - but...
    Robbery is the theft with force
    Burglary includes unlawful entry
    Theft is more more generic (and often a misdemeanor).

    They were comming out of his house - implies burglary. Texas law does not mention night regarding Burglary. The law does mention that the force can be used to prevent both committing the crime and fleeing afterwards (if the property cannot be protected or recovered by any other means or the use of other than deadly force would expose the actor to substantial risk of death or serious bodily injury) - being drove over counts there.

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    Ex Member Array 98LSWON's Avatar
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    Quote Originally Posted by goldshellback View Post

    Loosing shots at a car might not go over too well.

    That's legal here in TX.

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    Glad that it worked out for the good guys, lucky that the armed neighbor was there and got involved. Could have gone bad for the old guy and the kid.

    The laws in Arizona suck.....it's kind of a roll over and die state.

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