quote:

Originally posted by recoatlift:
I haven’t read all the replies, I apologize in advance if someone posted, “he’s damn lucky he wasn’t shot” by the homeowner.

Seriously now, there's NO good (or justifiable!) reason to shoot someone that's passed out/unconscious, even if they are in your home uninvited...None whatsoever!

Dissociative behavior of this sort is possible mixing Ambien with Alchohol. I am not saying this was the case here, but sleep driving and eating are possible with that combination.

Years ago, I arrested someone for the same thing. He got a burglary charge out of it. (Pled down later, of course.)

He probably was shattered, drunk off his gord. However not knowing the area, I’m guessing it’s a wealthy area, could possibly be he had a car service take home, or what he thought was home, especially if all the mini mansions were built and look alike, walked in thought he was home and fell asleep. I’m not seeing a criminal intent by the guy.

Being drunk or high shouldn't be an excuse for poor behavior. The rest of the world shouldn't have to bear the consequences of your poor life choices.

Situations like this are why I'm always harping on my family to lock the doors, even when we're home. Kinda funny story...a few years ago a couple of elderly folks walked right into our house on Thanksgiving day carrying a bunch of home-cooked food. We didn't know them from Adam.

Turns out their son is a cop in a town a few miles down the road, they'd never been to his new place, got lost trying to find it, saw the squad car in my driveway and figured this must be it. After talking to them a bit, making sure they weren't actually senile and lost, everybody laughed about it and they left (I did invite them to stay to dinner since the food they brought looked good, but they opted to spend it with their family lol).

That one had a kind of funny outcome, but I've worked plenty of calls where some drunk or dope-head just walks right in and has his way with the place. Lock the darn doors!!!

quote:

Originally posted by 92fstech:
Lock the darn doors!!!

Preach, brother, preach.

quote:

Originally posted by Plugugly:
Years ago, I arrested someone for the same thing. He got a burglary charge out of it. (Pled down later, of course.)

Here in Arkansas, you can only charge Burglary if they unlawfully enter somewhere with the purpose of committing a felony crime within. So if he had committed or attempted to commit an additional felony charge once inside the home, instead of just falling asleep, there would have been a case for felony Burglary here.

quote:

a)(1) A person commits residential burglary if he or she enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.

(b)(1) A person commits commercial burglary if he or she enters or remains unlawfully in a commercial occupiable structure of another person with the purpose of committing in the commercial occupiable structure any offense punishable by imprisonment.

However, simply unlawfully being inside a building without an additional theft of other felony crime occurring is misdemeanor Criminal Trespass in Arkansas, as was charged in this case.

quote:

a) A person commits criminal trespass if he or she purposely enters or remains unlawfully in or upon:
(1) A vehicle of another person; or
(2) The premises owned or leased by another person.

This message has been edited. Last edited by: RogueJSK,

Bet she never has to buy a whole fryer for the rest of her life.

quote:

Originally posted by nhracecraft:

quote:

Originally posted by recoatlift:
I haven’t read all the replies, I apologize in advance if someone posted, “he’s damn lucky he wasn’t shot” by the homeowner.

Seriously now, there's NO good (or justifiable!) reason to shoot someone that's passed out/unconscious, even if they are in your home uninvited...None whatsoever!

You’re right, after thinking about it! The cost of the bloody mattress comes out of my pocket.

Drunk in the house story:
Shortly after I moved to MQT, I found my new apartment was located at NMU party zone ground zero. A fact my new landlord failed to mention. At about a month in, I was watching TV and heard footsteps coming up the stairs. Then a drunk 20 something dude staggered into the living room. He was immaculately dressed in a tuxedo. When he saw me, he said "Dude! I am here for the wedding"! I responded "Dude! You are in the wrong house! Get your ass out of here"! He left without problem, and I made sure I did not forget to throw the deadbolt. As time went by, more and more college types kept knocking on the door at all hours wanting to see the former tenant. If I was not home, I would arrive to find someone waiting patiently lounging in my porch furniture. One day I saw MQT PD parked across the street and went over and told the cop about my newfound popularity. He explained that the former tenant was a very active dope dealer, and they were holding a warrant for him. Which would explain why he moved out. A pointed conversation with my landlord happened which resulted in me getting a larger, better apartment at the same rental rate in a more peaceful location. And I still keep the deadbolt locked!

Good lord !