Re: Mesquite TX - Homeowner jailed for firing warning shot
Posted: Sun Jun 03, 2012 3:07 pm
...all you have to do here to get busted is to show up...thick skin and the courage of your convictions are mandatory to survival... 

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Deadly force is not justified to prevent trespassing. He said "I could see men through the fence" so it sounds like they might not have been on his property when he fired his gun. Maybe not at all. Firing at them and "missing" could be attempted murder or aggravated assault at a minimum, instead of just firing a gun in city limits.barstoolguru wrote:You all are getting off track here... what we are talking about is a man that made a mistake because he didn't know the law. Did he fire his gun in an unsafe manner... no; he aimed and discharged it into the ground. if he told the cops "I fired at the guys trying to break in and missed" pat on the back but tell them "I discharged my weapon into the ground to scare them off because I didn't want to take a life"...jail time, a fine and a criminal record.
That bullet will do more harm at a horizontal level then it will ever do being shot into the ground
You are correct with the trespassing and on the video we seen no signs of forced entry. If you back track a little we covered them points. The man says and so does his wife that they heard the window rattling and he went outside and he believes people or a person was trying was trying making entry into the house and then the back yard. Now trespass across a lawn is one thing but making entry into a secure area is another.Big Tuna wrote:Deadly force is not justified to prevent trespassing. He said "I could see men through the fence" so it sounds like they might not have been on his property when he fired his gun. Maybe not at all. Firing at them and "missing" could be attempted murder or aggravated assault at a minimum, instead of just firing a gun in city limits.barstoolguru wrote:You all are getting off track here... what we are talking about is a man that made a mistake because he didn't know the law. Did he fire his gun in an unsafe manner... no; he aimed and discharged it into the ground. if he told the cops "I fired at the guys trying to break in and missed" pat on the back but tell them "I discharged my weapon into the ground to scare them off because I didn't want to take a life"...jail time, a fine and a criminal record.
That bullet will do more harm at a horizontal level then it will ever do being shot into the ground
One more thing. Anybody who criticized Zimmerman getting out of his car should have a field day dog piling on this guy for leaving the safety of his house. .
There are differences but it looks like both are trespassing. Burglary requires entry into a building not jumping a fence. There's also no proof they were in his backyard. His story says he saw them through the fence.barstoolguru wrote:You are correct with the trespassing and on the video we seen no signs of forced entry. If you back track a little we covered them points. The man says and so does his wife that they heard the window rattling and he went outside and he believes people or a person was trying was trying making entry into the house and then the back yard. Now trespass across a lawn is one thing but making entry into a secure area is another.Big Tuna wrote:Deadly force is not justified to prevent trespassing. He said "I could see men through the fence" so it sounds like they might not have been on his property when he fired his gun. Maybe not at all. Firing at them and "missing" could be attempted murder or aggravated assault at a minimum, instead of just firing a gun in city limits.barstoolguru wrote:You all are getting off track here... what we are talking about is a man that made a mistake because he didn't know the law. Did he fire his gun in an unsafe manner... no; he aimed and discharged it into the ground. if he told the cops "I fired at the guys trying to break in and missed" pat on the back but tell them "I discharged my weapon into the ground to scare them off because I didn't want to take a life"...jail time, a fine and a criminal record.
That bullet will do more harm at a horizontal level then it will ever do being shot into the ground
One more thing. Anybody who criticized Zimmerman getting out of his car should have a field day dog piling on this guy for leaving the safety of his house. .
this is not true...A B&E can accrue in any area that is secure from the public and a fenced in yard is not open to the public just like you can fence in the front yard with a little white picket fence and if someone crosses that boundary that are subject to deadly forceBig Tuna wrote:There are differences but it looks like both are trespassing. Burglary requires entry into a building not jumping a fence. There's also no proof they were in his backyard. His story says he saw them through the fence.barstoolguru wrote:You are correct with the trespassing and on the video we seen no signs of forced entry. If you back track a little we covered them points. The man says and so does his wife that they heard the window rattling and he went outside and he believes people or a person was trying was trying making entry into the house and then the back yard. Now trespass across a lawn is one thing but making entry into a secure area is another.Big Tuna wrote:Deadly force is not justified to prevent trespassing. He said "I could see men through the fence" so it sounds like they might not have been on his property when he fired his gun. Maybe not at all. Firing at them and "missing" could be attempted murder or aggravated assault at a minimum, instead of just firing a gun in city limits.barstoolguru wrote:You all are getting off track here... what we are talking about is a man that made a mistake because he didn't know the law. Did he fire his gun in an unsafe manner... no; he aimed and discharged it into the ground. if he told the cops "I fired at the guys trying to break in and missed" pat on the back but tell them "I discharged my weapon into the ground to scare them off because I didn't want to take a life"...jail time, a fine and a criminal record.
That bullet will do more harm at a horizontal level then it will ever do being shot into the ground
One more thing. Anybody who criticized Zimmerman getting out of his car should have a field day dog piling on this guy for leaving the safety of his house. .
I also wonder if his wife was so scared, why she didn't call 911 first. Even George Zimmerman called 911 first.
Do you mind me asking where you took your CHL class?barstoolguru wrote:you can fence in the front yard with a little white picket fence and if someone crosses that boundary that are subject to deadly force
Really, warning shots are given by the navy, coast guard, army and the marines... the only place warning shots are bad are as civiliansJumping Frog wrote:I found it interesting that the current newstand copy (August 2012) of "Combat Handguns" has Massad Ayoob's monthly "Self Defense & The Law" column: WARNING SHOT MISCONCEPTIONS: Dangers of misapplied force—nine cases bust the myth! .
Bottom line we all already know: warning shots are a bad idea.
why would that matter...the law is the law... did your class tell you it's OK to enter a back yard ?apostate wrote:Do you mind me asking where you took your CHL class?barstoolguru wrote:you can fence in the front yard with a little white picket fence and if someone crosses that boundary that are subject to deadly force
yes I have a CHL and where I took the class has no meaning here we are talking about a man do what he though was the right thing. He made a choice and he has to live with it.apostate wrote:Do you mind me asking where you took your CHL class?barstoolguru wrote:you can fence in the front yard with a little white picket fence and if someone crosses that boundary that are subject to deadly force
That's a red herring. It's not OK to be rude but deadly force is not justified in response to someone talking during the movie.barstoolguru wrote:did your class tell you it's OK to enter a back yard ?
Tresspass does not equal criminal mischeif. Entering a fenced yard is tresspass, and does not constitute B&E (known as burglary in Texas).barstoolguru wrote:yes I have a CHL and where I took the class has no meaning here we are talking about a man do what he though was the right thing. He made a choice and he has to live with it.apostate wrote:Do you mind me asking where you took your CHL class?barstoolguru wrote:you can fence in the front yard with a little white picket fence and if someone crosses that boundary that are subject to deadly force
Now did he have the right to use deadly force to prevent trespass (B&E)?.
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;