rock store helmet thief

[Adamm0621]

In Texas, the law reads that you have the right to protect yourself and your property by means of "lethal force."  Two examples:

A few years back a man fell behind on his truck payments.  The Repo man showed up to get the truck in the middle of the night.  The owner sat in his living room with his hunting rifle (with a scope on it) and shot the repo man in his truck.  The repo man died and the owner of the truck got off scott free.  The justification behind this is that it could just have been someone trying to steal his truck, and until the vehicle has been repossessed, it is still his property.

Also, a number of years ago, a man witnessed his neighbor's house being broken into.  He could see a few men walking around inside the house stealing stuff.  He called 911 but they said it would take a bit to get the cops out there (rural area).  The man stayed on the line, walked over to his neighbor's house and dispatched the robbers with his gun.  All of the robbers died, and the man had no charges filed against him.  He protected his neighbor's property.

The first is an example of how this law can suck sometimes, but the second is a great example of why it should stay in place.  Gun control only aids the criminals and leaves honest citizens in jeopardy.

[derby]

just to be clear, the law for your first example says "at night," not during the day... that said, i'm pretty sure the shooter knew his vehicle was up for repossession.

"A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."

in your second example, i'd say it's quite likely mr horn was taking advantage of the situation by "putting himself in danger" in order to "legally" take those shots...

http://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy

9-1-1 Call Transcript:

Joe Horn: “I’ve got a shotgun; do you want me to stop them?”

The Pasadena emergency operator responded: “Nope. Don’t do that. Ain’t no property worth shooting somebody over, O.K.?”

Mr. Horn said: “But hurry up, man. Catch these guys will you? Cause, I ain’t going to let them go.”

Mr. Horn then said he would get his shotgun.

The operator said, “No, no.” But Mr. Horn said: “I can’t take a chance of getting killed over this, O.K.? I’m going to shoot.”

The operator told him not to go out with a gun because officers would be arriving.

“O.K.,” Mr. Horn said. “But I have a right to protect myself too, sir,” adding, “The laws have been changed in this country since September the first, and you know it.”

The operator said, “You’re going to get yourself shot.” But Mr. Horn replied, “You want to make a bet? I’m going to kill them.”

Moments later he said, “Well here it goes, buddy. You hear the shotgun clicking and I’m going.”

Then he said: “Move, you’re dead.”

There were two quick gunshots, then a third, and the 9-1-1 call ended.

“I had no choice,” Mr. Horn said when he got back on the line with the dispatcher. “They came in the front yard with me, man.” [1]

[jc.cyberdemon]

this is a story on the other side of the argument, apparently people around here are real upset with the fact that he is in prison for trying to
protect his property......


Friday, Nov. 19, 2010
New Hampshire Union Leader Baby Review

MEREDITH – Nearly 100 friends and family members gathered at Picnic Rock Farm on Route 3 Thursday to protest the three-year prison sentence now being served by the farm's manager, Ward Bird, on a criminal threatening conviction.

"Free Ward Bird'' signs were held up to passing motorists and yellow ribbons were passed out as a petition circulated among those who had gathered to show their support for Bird, a father of four and Boy Scout leader in his hometown of Moultonborough. As darkness settled in, dozens of signs were held up, some of them by Boy Scouts.

Bird reported to the New Hampshire State Prison this week after the State Supreme Court last month upheld his April 2009 conviction in Carroll County Superior Court for threatening a woman with a .45-caliber handgun after she arrived at his property trying to locate land she was looking to buy on which she planned to house animals.

Bird had been sentenced to prison for no less than three and no more than six years, with the court citing RSA 651:2, II-g, which imposes a mandatory minimum sentence of three years "if a person is convicted of a felony, an element of which is the possession . . . of a deadly weapon, and the deadly weapon is a firearm."

"He had a gun but he didn't point it at her, even though that's what she said at the trial,'' said Ward Bird's wife, Ginny Bird. "He had been trying to get her to leave for a long time and held up the gun to check the safety as he was coming into the house to call police and tell them there was a trespasser on our property.

"He has a right to defend his property, his children and his family," she added. "But his constitutional rights aren't being upheld in this case. The woman should have been arrested for criminal trespass."

The incident took place on March 27, 2006, when Christine Harris arrived on Bird's remote Moultonborough property, which was well-marked with no trespassing signs, after making a wrong turn.

Harris testified at the trial that as she parked her Ford Ranger, Bird came out of the house and yelled a profanity at her, telling her to leave the property, and came down the porch waving a gun. She said she asked him some questions and that Bird had come down from the porch, again waving the gun at her, as she backed out of the driveway.

During the trial, Bird's attorney, Mark Sisti, attempted to open a line of questioning about Harris and her animals in an attempt to introduce into evidence Harris's conviction on animal cruelty charges in Salem in January of 2008.

She had been found guilty in Salem District Court of keeping 50 dogs and two birds in squalid conditions and was sentenced to six months in prison with five months suspended on condition of good behavior. She was also banned from owning any dogs for two years.

She appealed the conviction and has since left the state and is living in South Carolina, where she now faces 44 counts of animal cruelty.

"I don't know why the police and prosecutors and the jury believed her," said Pete Viano, a relative of Bird's, who said that he thinks the charges against him were brought by "an overzealous police department.''

"He, like many of us, was under the false impression that he had a right to defend his property from trespassers and that he was within his rights to bear arms to effect their removal. And he assumed that the police and County Attorney's office would actually prosecute the trespasser, not the property owner defending his rights. The idea of him sitting in prison for the next three years is a preventable miscarriage of justice,'' said Tolman.

[orangelion03]

Back on the original topic for a moment...

Anyone plastering this guy's mug all over the Rock Store walls and tree?

[Mike_D]

A perfectly legitimate defense argument in Texas: "Your honor, he just needed killin'"

[RichD]

just to be clear, the law for your first example says "at night," not during the day... that said, i'm pretty sure...

If the charges were dropped (and they were) the Grand Jury was absolutly sure.
If there is any doubt, they'll send you to trial to be sure.  

A perfectly legitimate defense argument in Texas: "Your honor, he just needed killin'"

Most people earn what they get. 

[The Bacon Junkie]

Are we done with the penis swinging contest yet? Jeez...

So, like Robert asked, are there pics of the guy plastered on "the tree" at the Rock Store?

It might go a long way to help find the guy.  Even ifnyou don't getnyour helmet back, that guy might take a few lumps for his trouble...

[RichD]

Are we done with the penis swinging contest yet?...

NO!  You're in luck.  There is still plenty more!...  

[Cloner]

So, like Robert asked, are there pics of the guy plastered on "the tree" at the Rock Store?

It might go a long way to help find the guy.  Even ifnyou don't getnyour helmet back, that guy might take a few lumps for his trouble...

This seems like a rational first step.  You might also post pics at a few of the hangouts in the LA area.  It'd be cool if somebody who didn't even know the helmet owner beat this guy's ass just for principle.   

Anonymous Biker:  "Pardon me, Sir, but is this your picture?"
Douchebag:  "Sure it is!  What do I win."
Anonymous Biker:  "A free asswhoopin'"
Smack.  Bang.  Pow.  Whimper.

I'm for it!!

[The Bacon Junkie]

NO!  You're in luck.  There is still plenty more!...  

yeah, really lucky 

kids.... 
 

[shakes head]

[Popeye the Sailor]

Are we done with the penis swinging contest yet? Jeez...

So, like Robert asked, are there pics of the guy plastered on "the tree" at the Rock Store?

It might go a long way to help find the guy.  Even ifnyou don't getnyour helmet back, that guy might take a few lumps for his trouble...

Hard to enter if you need a liter bike to uh, make up for some things, no? 

[The Bacon Junkie]

I got the trip-9 only because the Monster didn't throw enough heat off of the engine...

And with the underseat exhaust, my buns are nice and toasty too!

Commuting is much more fun now... 

[Statler]

wait... you got a 999?

[ducpainter]

I hadn't heard

[krolik]

I hadn't heard

What? That Ducati is making a Hypermotard?