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Discussion Starter · #1 ·

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I got a feeling that feller is going to the pokey for while.
 
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Aggravated battery with a firearm is the charge.

From a FL law website:

Moreover, under the Florida 10-20-Life law, mandatory minimum sentences must be imposed when a firearm is possessed or discharged. The mandatory minimum sentence if a firearm is simply possessed during an aggravated battery is 10 years. When a machine gun or semi-automatic is possessed during an aggravated battery, the minimum term is 15 years. If a firearm is actually discharged during the aggravated battery, the minimum term is 20 years. If a firearm is discharged and causes great bodily harm or death, the minimum term is 25 years.
 

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“An investigation into whether Locke’s actions would constitute self-defense revealed that the teen “never made overt or hostile actions or statements which would create a well-founded fear,” sheriff’s deputies said in a news release. Locke also did not see the young burglary suspect in possession of any weapons, according to the release.”

He’s in deep chanute.
 

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When a machine gun or semi-automatic is possessed during an aggravated battery, the minimum term is 15 years.
One correction on that. The clause for "semi-automatic" also requires the use of a "box magazine"
. . . and during the commission of the offense, such person possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun . . .
A box magazine is later defined as:
[QUOTE/]1. “High-capacity detachable box magazine” means any detachable box magazine, for use in a semiautomatic firearm, which is capable of being loaded with more than 20 centerfire cartridges.[/QUOTE]

So, probably look at the 10 year minimum. Unless his lawyers can finagle a plea deal for a lesser charge.
 

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Florida really seems like it genuinely has more crazy than any other state.
 

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Looks like serious time in graybar institute for this shooter.
Since it wasn't even his vehicle, possibly his neighbor will volunteer to get incarcerated for him?
Or....probably not.
Some folks really need to learn to think past their own respective noses with regard to this thing called the future.
Well, the teen did not die but, was shot in the back attempting to flee.
Extra NOT good!
 

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I aint saying its right ...
But, if that happened more often (get shot breaking into cars), odds are car burglaries decrease.
 

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While I would not have taken that action, I can understand the decision to want to do something. That was not the best way to handle the situation for ones personal situation.

It's too bad the criminal survived. I say that because the sad part of the article comes at the end where the crook may not be charged with a crime. You can't deter future actions by doing nothing.
 

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My neighbor knocked on my door last Saturday evening as the wife and I were coming home from dinner to tell me his Ring camera caught some teen checking to see if my jeep was unlocked, his car and another neighbors. Said the incident happened right about 5pm. Just before we left for dinner.
That kid would be changing his underwear if we had left a few minutes earlier.
I got to get better lighting and a camera back there. But 5pm on a Saturday took a lot of balls for that teen. We got a good picture of him and next time I see him if he lives nearby we will have a come to Jesus discussion.
 

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I do not fault this man at all.

People are fed up with criminals robbing and thieving and never getting any real punishment.

It is a shame that this man, who was doing the neighborhood a favor, is going to face repercussions for trying to take out the trash.

Now, this kid is going to be called the "victim" and will likely sue and get a bunch of money from this homeowner. This kid will continue to be a low life thief that will likely escalate his crimes.
 

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How long he is sentenced varies varies GREATLY in the State of FL depending on what judicial district you are in! Hint: the farther North and West you go is the Bible Belt which tends to hand down much harsher sentences than South FL and Central FL.
 

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Discussion Starter · #13 ·

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In TN there is no justification for shooting anyone over property. A bill was proposed I believe last legislative session to do so, but as I recall it died in committee. But even then the same rules would likely apply in there would need to be a reasonable fear of imminent death or grave bodily harm. None of those standards seemed to have been present in the FL shooting. And in no circumstances would shooting a fleeing, unarmed person in the back is going to fly with most prosecutors.
 

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Discussion Starter · #15 ·
Aggravated battery with a firearm is the charge.

From a FL law website:

Moreover, under the Florida 10-20-Life law, mandatory minimum sentences must be imposed when a firearm is possessed or discharged. The mandatory minimum sentence if a firearm is simply possessed during an aggravated battery is 10 years. When a machine gun or semi-automatic is possessed during an aggravated battery, the minimum term is 15 years. If a firearm is actually discharged during the aggravated battery, the minimum term is 20 years. If a firearm is discharged and causes great bodily harm or death, the minimum term is 25 years.
That "mandatory" 10-20-Life law is applied at the will of the court. It's hardly mandatory.
 
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In TN there is no justification for shooting anyone over property. A bill was proposed I believe last legislative session to do so, but as I recall it died in committee. But even then the same rules would likely apply in there would need to be a reasonable fear of imminent death or grave bodily harm. None of those standards seemed to have been present in the FL shooting. And in no circumstances would shooting a fleeing, unarmed person in the back is going to fly with most prosecutors.
No such law here in Texas. You know we are the wild west and shoot each other down in the streets here.
Although Thieves and home invader's have a lot more to worry about here.
 

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Texas has a different approach to protecting property:

Section 9.42 of the Texas Penal Code:

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.
 

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Yep, any way you look at it he is in deep
Nose Hair Head Eye Human body
 
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As far as the wayward teen is concerned that bullet hole in his back should hopefully act as a hard "OUCH!" lesson learned.
Nothing about if any internal organs or his spine suffered any damage.
Our vehicle was entered not too long ago.
My fault (sort of) I always hit the door lock but, I was lugging in grocery bags in the afternoon and just forgot to lock it up. We never leave anything of value in there.
All that person got was about $2.00 in parking meter quarters and a hardware store flashlight out of the console.
No great loss.
Young kids around here walk around at night checking for unlocked vehicle doors. Usually they are in their early teens. I wonder if their parents know where their kids are? I guess not.
Modern day late night entertainment I guess?
Some of these kids have been caught a few times and they are all neighborhood kids from average or slightly above middle class families.
Here...I think it's just boredom mixed in with a little of " can I get away with it?" excitement. Who knows ?
 

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As far as the wayward teen is concerned that bullet hole in his back should hopefully act as a hard "OUCH!" lesson learned.
Nothing about if any internal organs or his spine suffered any damage.
Our vehicle was entered not too long ago.
My fault (sort of) I always hit the door lock but, I was lugging in grocery bags in the afternoon and just forgot to lock it up. We never leave anything of value in there.
All that person got was about $2.00 in parking meter quarters and a hardware store flashlight out of the console.
No great loss.
Young kids around here walk around at night checking for unlocked vehicle doors. Usually they are in their early teens. I wonder if their parents know where their kids are? I guess not.
Modern day late night entertainment I guess?
Some of these kids have been caught a few times and they are all neighborhood kids from average or slightly above middle class families.
Here...I think it's just boredom mixed in with a little of excitement. Who knows ?
Gets real exciting when you get a cap in your azz.
In my teens we would never dream of breaking into anyone's vehicle. After the owner kicked our butts, our dads would finish the job.
 
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