Clerk, 19, shoots, kills beer thief

This is a discussion on Clerk, 19, shoots, kills beer thief within the Off Topic & Humor Discussion forums, part of the The Back Porch category; "He came before, two or three times, and sometimes he came and stole a 12-pack. Before, he stole a 12-pack three or four times. We ...

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Thread: Clerk, 19, shoots, kills beer thief

  1. #1
    Ex Member Array barstoolguru's Avatar
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    Clerk, 19, shoots, kills beer thief

    "He came before, two or three times, and sometimes he came and stole a 12-pack. Before, he stole a 12-pack three or four times. We also reported to the law," said Nick Zaman, the store owner.
    How many times do you get robbed before you say "enough is enough" and use deadly force

    PD: Clerk, 19, shoots, kills beer thief | News - Home

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  3. #2
    VIP Member Array Harryball's Avatar
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    I agree, enough is enough, but I think the clerk might have an issue with the DA. I understand in texas you can defend property, but a 12 pack might be a bit much...Will see
    Don"t let stupid be your skill set....

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    Ex Member Array barstoolguru's Avatar
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    it might be a 12 pack but how many times can someone steal it before you can take action? . Does the law define if you can shoot by the dollar amount?

    if someone stole your daughter under Texas law she is replaceable (you can have another) she can and might be recoverable (chances you will get her back) if she is damaged you can recover damages in small claims court. So now do you have the right to shoot the thief?
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    VIP Member Array mcp1810's Avatar
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    He might have talked himself into charges. On the radio today they reported he said he meant to fire a warning shot but accidentally hit him. There goes your justification defense out the window.
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    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by barstoolguru View Post
    it might be a 12 pack but how many times can someone steal it before you can take action? . Does the law define if you can shoot by the dollar amount?

    if someone stole your daughter under Texas law she is replaceable (you can have another) she can and might be recoverable (chances you will get her back) if she is damaged you can recover damages in small claims court. So now do you have the right to shoot the thief?
    12 pack vs. daughter. I think there is a big difference. Im sure you would agree, or at least hope you would agree. Like I said, I understand enough is enough, but over a 12 pack.....
    Don"t let stupid be your skill set....

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    VIP Member Array mcp1810's Avatar
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    In regard to the law on the matter there is no dollar value involved, just time of day. Theft during the nighttime is theft during the nighttime.
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    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by mcp1810 View Post
    In regard to the law on the matter there is no dollar value involved, just time of day. Theft during the nighttime is theft during the nighttime.
    Im from MI, can you link or post the law for me, thanks....
    Don"t let stupid be your skill set....

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    Ex Member Array barstoolguru's Avatar
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    understand this is TEXAS law and you need to check the laws in your state.


    PC 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:(1) if he would be justified in using force against the other under Section 9.41; and
    (2) when and to the degree he reasonably believes the deadly force is immediately necessary:
    TEXAS CONCEALED HANDGUN LAWS 61
    (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
    (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
    (3) he reasonably believes that:
    (A) the land or property cannot be protected or recovered by any other means; or
    (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

    some say thief during night time by the laws says "recovered by any other means" in other words as long as it is not you X-wife or friend or someone you know

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    VIP Member Array Harryball's Avatar
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    thanks barstool....
    Don"t let stupid be your skill set....

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    VIP Member Array mcp1810's Avatar
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    Texas Statutes - Section 9.42: DEADLY FORCE TO PROTECT PROPERTY

    A person is justified in using deadly force against another to protect land or tangible, movable property:

    (1) if he would be justified in using force against the other under Section 9.41; and

    (2) when and to the degree he reasonably believes the deadly force is immediately necessary:

    (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

    (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery,or theft during the nighttime from escaping with the property; and

    (3) he reasonably believes that:

    (A) the land or property cannot be protected or recovered by any other means;
    or

    (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
    Since it is not his beer (he doesn't own the store) 9.43 applies
    Texas Statutes - Section 9.43: PROTECTION OF THIRD PERSON'S PROPERTY
    A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

    (1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

    (2) the actor reasonably believes that:

    (A) the third person has requested his protection of the land or property;

    (B) he has a legal duty to protect the third person's land or property; or

    (C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.
    And here is 9.41 that they refer to.
    Texas Statutes - Section 9.41: PROTECTION OF ONE'S OWN PROPERTY

    (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

    (b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

    (1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

    (2) the other accomplished the dispossession by using force, threat, or fraud against the actor.
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    VIP Member Array Harryball's Avatar
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    Thanks MCP....
    Don"t let stupid be your skill set....

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    I'm just glad I'm not that clerk!
    Hiram25
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    Some people just need shootin'.......too bad we've gotten away from that.
    Sledge, darbo, Spirit51 and 4 others like this.
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    Quote Originally Posted by From the article
    PD: Clerk, 19, shoots, kills beer thief

    A southeast Houston convenience store clerk shot and killed a man for stealing a 12-pack of beer, police said.

    The store manager said he told Troy Colby to put the beer back, but he didn't. The manager said the clerk opened fire when Troy Colby turned to confront him.
    The article suggests the thief was killed for thieving (in the title), that police said he was killed for thieving, and that the store manager said he was killed after turning to the clerk who had pursued him outside to confront him about the theft.

    I disagree that getting seen shoplifting earns death. But absolutely a person has every right to defend against violent attack. Depends on what actually occurred, whether the "confrontation" was mere "turning" to address the clerk or the initiation of violence on the part of the thief. The quoted statue indicates force is allowable in defense of property and persons, but with property only to the degree necessary. As it usually is, the devil's in the details of the encounter as to whether it's a justifiable shooting. Then again, it's Texas, and in the hands of the DA/GJ.
    Your best weapon is your brain. Don't leave home without it.
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