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Thread: Burglar's family awarded $300,000 in wrongful death suit

  1. #321
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    Clearly the best result would have been for the property ownes to hold them until the police arrived so they could be prosecuted for burglary.
    I don't think anyone would argue that point. The best result would have been that the criminal was successfully detained without further resistance and that the police arrived and were able to make a clean arrest with no one else getting hurt. Would of, could of, should of. However, being in these circumstances is a lot different that sitting back on an internet political board talking about it. None of us were there, we do not know what the people were thinking of the threat they believed themselves to be under. That's really the key there. There are many things which can go wrong in the apprehension and subduing of a criminal. They didn't know what he was doing. He didn't show his hands or try to surrender or run off the property. Instead, he took position within the property out of eyesight of the owners. There was no way for them to know at the time what he was doing and could still easily perceive the criminal as a legitimate threat. Better safe than sorry in some cases, particularly when your life is actually on the line.

    I don't think what is being said here is that every confrontation with a criminal should end with the criminal being shot dead. But rather that should it come to it, should the individual (who was not doing anything wrong, he was not the initiator of force; that is very important. The initiator of force was the criminal) feel threatened to the level of necessitating response, that there should be proper protections built in for that individual. An individual should not be punished for protecting their rights and liberties from outside threat and force.

    The simple lesson here is that if you do not want your rights infringed upon, do not infringe upon the rights of others.
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  2. #322
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Gipper View Post
    Unless he's a butcher, I'd say common sense would dictate that carrying knives during an incident of grand theft auto slightly leans toward the side of carrying them for potential use. Either you're attempting to be the devil's advocate here, or you're astronomically ignorant.
    I decided this was the case for him many posts ago
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    The premise for my argument, and the law, is reasonableness. If the guy runs into the closet I don't assume he's assembling a suitcase nuke. I don't assume he has a gun, but was keeping the bullets in his shoe. These would not be reasonable assumptions.
    this is a prime example of dishonesty
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    Yeah, it's worth not shooting people for irrational reasons. If I'm walking down an empty street at night, and there's someone walking behind me, I don't get to shoot them in the head just because there's a remote chance that they might attack me.
    more dishonesty WOW
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    Yeah, it's worth not shooting people for irrational reasons. If I'm walking down an empty street at night, and there's someone walking behind me, I don't get to shoot them in the head just because there's a remote chance that they might attack me.
    Dang! Thise news stories got it wrong! They said the business owners were on their own property when a meth addict armed with three knives broke in to their property. They didnt say they were wandering the streets just randomly shooting people. That changes EVERYTHING...

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    I would argue, most probably unsuccesfully, that it was self defense.
    Interesting. Especially considering that you obviously don't believe that. Then again that's probably part of why I have little respect for most criminal attorneys, on both sides of the ledger... No willingness to stand up for what you actually believe rather than what earns you a buck.

  7. #327
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by VanceMack View Post
    Dang! Thise news stories got it wrong! They said the business owners were on their own property when a meth addict armed with three knives broke in to their property. They didnt say they were wandering the streets just randomly shooting people. That changes EVERYTHING...
    Or you could describe it another way. There were these property owners who told the police a week ahead of time that they were going to shoot anyone they saw trespassing on their property. They saw the burglars and started screaming that they were going to get them, and shooting at them. As one fled over the fence with bullets whistling by his head, the other guy took shelter in a storage shed. The property owners riddled the shed with bullets, putting one through the door and into the burglar's heart. They then "concealed the rifle in the trunk of a car so well that a police detective initially missed it during a search."

    Yep, sounds like self defense to me.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Tigger View Post
    Interesting. Especially considering that you obviously don't believe that. Then again that's probably part of why I have little respect for most criminal attorneys, on both sides of the ledger... No willingness to stand up for what you actually believe rather than what earns you a buck.
    A criminal attorney has the ethical responsibility to represent his client to the best of his ability. I would be guilty of malpractice if I didn't. That's how our criminal justice system works. The whole things seems to be a big mystery to y'all.

  9. #329
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    Or you could describe it another way. There were these property owners who told the police a week ahead of time that they were going to shoot anyone they saw trespassing on their property. They saw the burglars and started screaming that they were going to get them, and shooting at them. As one fled over the fence with bullets whistling by his head, the other guy took shelter in a storage shed. The property owners riddled the shed with bullets, putting one through the door and into the burglar's heart. They then "concealed the rifle in the trunk of a car so well that a police detective initially missed it during a search."

    Yep, sounds like self defense to me.
    I have never said self defense. I have said defense of property and business. You can slice it how you like...a meth addict armed with three knives broke into a business. He obviously picked the wrong business.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Why is this such a big deal?


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