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

  1. #361
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Leo View Post
    The fact that people are debating whether this killing was a crime or not, prompts the comment "Only in America!"

    Under British law, all three men would have been indicted on charges of murder, and accomplice to murder. Under Australian and New Zealand, and possibly Canadian, law the same thing would have happened. And that is what should have happened, in any civilised jurisdiction, to the three men concerned.

    The facts of the matter are - they lay in wait armed, and they shot someone dead who was hiding in a shed (and thereby posed no threat to any of them). They should have gone to prison for life. Yours is a seriously flawed justice system.
    Under British Law the property owners would have been required to turn their entire year's salary and all their property over to the hoodlums and then allow themselves to be butchered because they have no right to self-defense.

    There is a seriously flawed system at work. That much you're right about....

    1. A flawed system that allowed these known criminals to be on the streets to begin with.
    2. A flawed system that even bothered to arrest this man who had done nothing more than protect his property and exterminate vermin on it.
    3. A flawed system that allowed the other perpetrator to escape.
    4. A flawed system that even allowed this man's daughter to attempt to seek damages for what happened.

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

    Quote Originally Posted by DiAnna View Post
    All they had to do was call the police, but they murdered him instead.
    What good would that have done? Do you really believe that there would have been any sort of significant punishment handed out? I don't. He would have been back on the streets soon after, looking for another opportunity to do what he'd been caught at. These gentlemen did society a favor. They put down the rabid dog that would simply have bitten someone else in the future.

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

    Quote Originally Posted by Councilman View Post
    Sorry if you are a Conservative that thinks it's okay but the Laws say no it's not.
    I'll defer to the late Colonel Jeff Cooper on this issue.... "I'd rather be judged by twelve men than carried by six."

    I'm a "shoot first, don't bother to ask questions" type and always will be. I have no more problem shooting a burglar in the back as he's running away than I do shooting him in the chest.

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

    Quote Originally Posted by AdamT View Post
    But ... but ... you don't know that! Maybe he was in the shed McGyvering together a predator drone that he was going to use to take them out ... and ... and ... maybe the elementary school down the street!!!
    He doesn't need to be McGyvering anything. The simple fact that he has trespassed on Private Property is sufficient cause to expect to be shot so far as I'm concerned.

  5. #365
    I'm kind of a big deal

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

    Quote Originally Posted by Leo View Post
    The fact that people are debating whether this killing was a crime or not, prompts the comment "Only in America!"

    Under British law, all three men would have been indicted on charges of murder, and accomplice to murder. Under Australian and New Zealand, and possibly Canadian, law the same thing would have happened. And that is what should have happened, in any civilised jurisdiction, to the three men concerned.

    The facts of the matter are - they lay in wait armed, and they shot someone dead who was hiding in a shed (and thereby posed no threat to any of them). They should have gone to prison for life. Yours is a seriously flawed justice system.
    all OPINION not fact LMAO
    why do people have such trouble with fact vs opinion
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  6. #366
    I'm kind of a big deal

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

    Quote Originally Posted by DiAnna View Post
    Burglary is not a capital offense. Let me try to pound that into your brain. The guy WAS the victim. They murdered him... without a trial, without due process... just murdered him. The only reason they knew he had a pocket knife was that they took it out of his corpse's pocket. This dead burglar had no history of violence. He was a drug addict trying to steal car parts for dope. Dispicable, yes. An excuse for cold-blooded murder? No. He was trapped in a shed in an auto dealership, with men pointing guns at the door. All they had to do was call the police, but they murdered him instead.

    Yeah, he was a junkie. He had a kid. Perhaps, if he'd cooled his heels in prison for a couple of years, kicked the habit and gone into rehab, he might have turned out to be a good father to his child someday... only we will never know because he didn't get a second chance. He... was... murdered.
    perhaps he would of came out swinging his knives while waiting on the cops and killed somebody
    perhaps he had a gun and was planing on coming out shooting or would have shot through the door himself
    perhaps if would have escaped and next time killed two children after rapping their mother

    but we'll never know because he got himself shot

    the perhaps game is fun isnt it? IT HILARIOUS that people think it only works ONE way.

    there was NO murder thats why no one was convicted of it
    Last edited by AGENT J; 08-30-11 at 06:21 AM.
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  7. #367
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by jamesrage View Post
    I think judge and jury should be piss tested to see if maybe they were high when they came to the conclusion that a burglar's family should be able to sue someone defending their property.


    Jury sides with burglar's family in 2009 shooting death at auto lot | jury, burglar, lot - Colorado Springs Gazette, CO
    An El Paso County jury on Friday awarded nearly $300,000 to the daughter of a burglar who was fatally shot in 2009 while breaking into an auto lot.
    Parents of the victim, Robert Johnson Fox, embraced their attorneys after a judge announced the jury’s verdict, capping a two-week-long civil trial in which business owner Jovan Milanovic and two relatives were painted as vigilantes who plotted a deadly ambush rather than let authorities deal with a string of recent burglaries.
    Phillip and Sue Fox, who filed suit for wrongful death in 2010 on behalf of Fox’s 3-year-old daughter, called the jury’s award a victory in their fight to seek accountability for the death of their son, who they say never posed a threat to the heavily armed men.
    “Rob was in the wrong place doing the wrong thing, but the punishment didn’t fit the crime,” Sue Fox said afterward. “I can’t excuse his actions, but he didn’t deserve to be executed.”
    The exact amount of the award was $269,500, for factors such as loss of companionship and loss of future earnings. The family will also be awarded some of the costs associated with the more than yearlong legal battle.
    The jury of three men and three women deliberated for 2½ days over closely contested testimony about the predawn shooting on April 19, 2009.
    File bankrupsy, never pay a dime of the judgement, win.

  8. #368
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    But you probably would be well advised to load your gun ahead of time if your intention is to use it.
    being well advised is not one of the hallmarks of a methhead
    The best argument against democracy is a five-minute conversation with the average voter.

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

    Quote Originally Posted by Mach View Post
    So in this thread we've had the arguments that somehow trespassing into a place of business =

    1. attempted rape
    2. a solider in a warzone
    3. a home invasion

    Stick to the topic at hand so I can understand if you think the verdict was wrong, or you think the law that requires reasonable cause for self defense, wrong. Please.
    and now we have burglary by an armed criminal equated to trespassing.

    pot....meet kettle
    The best argument against democracy is a five-minute conversation with the average voter.

    An appeaser is one who feeds a crocodile, hoping it will eat him last.

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

    Quote Originally Posted by jamesrage View Post
    Did burglars trespass and were attempting to steal from the property owner? Yes? then I would say the property owner was justified in using lethal force.
    I know this reply was on the first page, but I did want to say that does not justify lethal force. Obviously, you've never been through a concealed weapons class. You CANNOT use deadly force to defend property or stop someone from trespassing on your land. Only if they break into your home where you reside or they attempt to harm you or someone else personally can you use deadly force. For instance, someone was charged with murder for shooting someone dead trying to steal his jet ski. The guys life wasn't in danger so he committed murder.

    I don't agree with it, but it's the way it is. You kill someone trying to steal your car out of your driveway and you'd be lucky to only do 15 years in the clink. However, if you are IN THE VEHICLE when this occurs, put a bullet in the bastards head. But don't put one in the BACK of his head while he's under the dash trying to hotwire it when you aren't in the vehicle. However, if upon discovering he's been caught and he brandishes a weapon, any weapon worse than a screwdriver, put a bullet in his head. He is, at that point, considered armed and dangerous and you have a right to confront him (at least in Louisiana) on your property. He cannot pull a weapon without the risk of being killed. But if he just takes off running when you catch him, you can't shoot in the back. That's murder.

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