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when they say the case will likely be referred to the grand jury, does this mean the homeowner could be charged for shooting the teen?

http://www.chron.com/disp/story.mpl/met ... 08245.html" onclick="window.open(this.href);return false;

bat0man007 wrote:when they say the case will likely be referred to the grand jury, does this mean the homeowner could be charged for shooting the teen?

That's what the grand jury will decide. Whether it can go to trial.

bat0man007 wrote:when they say the case will likely be referred to the grand jury, does this mean the homeowner could be charged for shooting the teen?

I think that in this type of case referrring to the grand jury is "routine." I don't think that you can infer anything from that statement - It means the homeowner could be charged, but it also means that he may not be charged.

All homicides are referred to a grand jury when the killer is identified. Even cops have to run that gantlet.

PC 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to prosecution that the conduct in question is justified under this chapter.

- Jim

The homeowner appears justified in shooting the burglar
under the "retrieving stolen property" defense, but is there
a problem where he shot him at 630 AM, which may possibly
be light out enough to be considered "daytime"?

SIA

Sunrise is at 7:15 a.m. at this latitude, at this time.

Theft in the night time and recovering the fruits of robbery are separate issues, anyway.

- Jim

In any event, young Mr. Simpson and his girlfriend have been shown the error of their ways. Mr. Simpson has even been rehabilitated.

Based on the story, (if those are all the facts) the homeowner should be OK. The TV is probably totaled. The getaway car driving girlfriend should probably get ten years.

baseballguy2001 wrote:The getaway car driving girlfriend should probably get ten years.

Probation, unless she gets the worst lawyer in the state.

"I dunno. He just called me and asked me to pick him up."

- Jim

Oldgringo wrote:Mr. Simpson has even been rehabilitated.

That's true. Maybe some of his coworkers will hear about the wages of sin and go forth and sin no more.

Dream on.

The morons just keep throwing themselves into the furnace.

The fact that is overlooked by criminals and spectators such as ourselves is that robbery does not pay well. A convenience store robbery may get $50. A bank robbery could get $1,000, but it's likely to explode and spray dye all over the robber. Also, the FBI gets interested in that kind of crime. Any robbery can get the robber perforated. A TV set? Beyond pathetic. Dr. Darwin took his due this time.

- Jim

seamusTX wrote:Dream on.

The morons just keep throwing themselves into the furnace.

The fact that is overlooked by criminals and spectators such as ourselves is that robbery does not pay well. A convenience store robbery may get $50. A bank robbery could get $1,000, but it's likely to explode and spray dye all over the robber. Also, the FBI gets interested in that kind of crime. Any robbery can get the robber perforated. A TV set? Beyond pathetic. Dr. Darwin took his due this time.

- Jim

I wonder, do any banks in Texas use dye packs? Before I moved from El Paso, not a one used them. I had heard it was a liability thing (did not want to burn the BG when the pack exploded).

Here's one in Houston last year: http://abclocal.go.com/ktrk/story?secti ... id=6770518" onclick="window.open(this.href);return false;

- Jim

Good! Thanks Jim.

You're welcome.

BTW, if you search the web for "exploding dye pack," you can see how many robbers stuff the loot down their pants and suffer injuries to their manhood. I don't seem them suing, either. Most states prohibit lawsuits for injuries suffered during the commission of a felony.

Sheesh. Bring a bag for the loot.

- Jim