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Billings, MT man shoots a fleeing shoplifters. *UPDATE Pg 5* He has been charged. Login/Join 
Member
Picture of 4859
posted
So I guess being a Veteran and CWP holder makes you qualified to take the law into your own hands and use deadly force. This guy will be charged I am sure.

http://www.kxlh.com/story/3460...alks-about-encounter

This message has been edited. Last edited by: 4859,


-----------------------------
Always carry. Never tell.
 
Posts: 5772 | Location: Montana  | Registered: May 13, 2008Report This Post
I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
What is the statute about force to defend/stop a crime?

The story says you can use reasonable force in a citizen's arrest.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Report This Post
Bunch of savages
in this town
Picture of ASKSmith
posted Hide Post
Midwest rules.

Didn't watch the vid.

Play stupid games, win stupid prizes, I guess...


-----------------
I apologize now...
 
Posts: 10563 | Registered: December 30, 2007Report This Post
Cat Whisperer
Picture of cmr076
posted Hide Post
quote:
Originally posted by ASKSmith:
Midwest rules.

Didn't watch the vid.

Play stupid games, win stupid prizes, I guess...


It's less than two minutes long...


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135
├┼┼╕
246R
 
Posts: 3902 | Location: SE PA | Registered: November 13, 2010Report This Post
Not really from Vienna
Picture of arfmel
posted Hide Post
Wonder where those bullets ended up? Eek
 
Posts: 27280 | Location: SW of Hovey, Texas | Registered: January 30, 2007Report This Post
Tinker Sailor Soldier Pie
Picture of Balzé Halzé
posted Hide Post
quote:
The six rounds James Newman, who spent just shy of 10 years on active duty in the Marine Corps, fired at the tires of a fleeing Buick Enclave on Saturday had the online community in Montana buzzing with opinions on Sunday.


Sorry, but this guy is an idiot.

quote:
"I didn't break any laws, so why am I worried about talking to the cops about it?"


No?


~Alan

Acta Non Verba
NRA Life Member (Patron)
God, Family, Guns, Country

Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan

 
Posts: 31171 | Location: Elv. 7,000 feet, Utah | Registered: October 29, 2012Report This Post
Official Space Nerd
Picture of Hound Dog
posted Hide Post
Don't know the rules in Montana, but in Colorado, it is lawful to use deadly force in protection of self or others from deadly harm, kidnapping, or sexual assault. I think that's about all.

Shooting a shoplifter? Stupid. Cops don't even do that; and if cops don't do it, it's almost certainly not legal for non-LEOs. . .

Retard.



Fear God and Dread Nought
Admiral of the Fleet Sir Jacky Fisher
 
Posts: 21968 | Location: Hobbiton, The Shire, Middle Earth | Registered: September 27, 2004Report This Post
Member
posted Hide Post
He's an idiot. There's one human emotion that allows you to use deadly force and that is if you feel your life is in danger. It doesn't matter who you are. You could be a cop, veteran, civilian it doesn't matter.
 
Posts: 4062 | Registered: January 25, 2013Report This Post
Official Space Nerd
Picture of Hound Dog
posted Hide Post
quote:
Originally posted by OMCHamlin:
This will certainly sound crass, but if more "shoplifters" thought they might get their asses shot up in the process, maybe they would think twice?
On the other hand, if we lost a few shoplifters along the way, in case you hadn't noticed, the world is FULL of people, we're in no danger of running out...


All fine and dandy until it's somebody YOU care about getting shot and killed for stealing a pair of jeans. Or getting shot because somebody THINKS they stole a pair of jeans. Not all 'suspects' are truly guilty of what they are accused of.

According to the article:
quote:
Two suspects, a male and female who appeared to have allegedly stole items from JCPenney inside the Rimrock Mall on the Billings West End, were attempting to leave on Saturday evening.


This idiot provoked the incident and escalated what should have been a law enforcement issue into a deadly force incident.

Retard.


If anybody ever tries that 'citizens arrest' crap with me, I can guarantee I will NOT comply with them, unless they have convincing credentials (and I am not counting a 'CCW Badge' in that list of credentials).



Fear God and Dread Nought
Admiral of the Fleet Sir Jacky Fisher
 
Posts: 21968 | Location: Hobbiton, The Shire, Middle Earth | Registered: September 27, 2004Report This Post
Drill Here, Drill Now
Picture of tatortodd
posted Hide Post
I realize this didn't hapen in Texas, and I definitely do not want to test it in a Texas grand jury. However, Texas does have deadly force provisions in which you can shoot a fleeing suspect.
quote:
Penal Code Chapter 9 Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means;
or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.



Ego is the anesthesia that deadens the pain of stupidity

DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer.
 
Posts: 23956 | Location: Northern Suburbs of Houston | Registered: November 14, 2005Report This Post
Staring back
from the abyss
Picture of Gustofer
posted Hide Post
quote:
Originally posted by Hound Dog:
All fine and dandy until it's somebody YOU care about getting shot and killed for stealing a pair of jeans. Or getting shot because somebody THINKS they stole a pair of jeans. Not all 'suspects' are truly guilty of what they are accused of.

Except that I don't gather that he shot for the shoplifting. As I see it, he shot because she tried to run him over.

Yes, it started as shoplifting, and if he'd have left well enough alone it likely would have stayed there. However, it escalated and he did what he thought was right. Who here wouldn't shoot if someone tried to run you over?


________________________________________________________
"Great danger lies in the notion that we can reason with evil." Doug Patton.
 
Posts: 21011 | Location: Montana | Registered: November 01, 2010Report This Post
Member
Picture of domcintosh
posted Hide Post
Tatortodd, I realize you realize this didn't happen in Texas. I would note the following though.

Is a stores merchandise within the definition of "land or tangible, movable property?"
The shooting did not take place during the nighttime.
Was the shooter or another exposed to "a substantial risk of death or serious bodily injury?"



The opinions expressed in no way reflect the stance or opinion of my employer.
 
Posts: 5446 | Location: Stationed in Kitsap Washington w/ the USN | Registered: November 04, 2007Report This Post
Tinker Sailor Soldier Pie
Picture of Balzé Halzé
posted Hide Post
quote:
Originally posted by Gustofer:
quote:
Originally posted by Hound Dog:
All fine and dandy until it's somebody YOU care about getting shot and killed for stealing a pair of jeans. Or getting shot because somebody THINKS they stole a pair of jeans. Not all 'suspects' are truly guilty of what they are accused of.

Except that I don't gather that he shot for the shoplifting. As I see it, he shot because she tried to run him over.



Bull.

And even if she did intend to hit him with her car, some idiot pulls a gun on me because he believes...Well whatever he believes, I'm probably gonna try and run him over too.

This guy is a retard.

And I don't believe that Texas statute applies in this case.


~Alan

Acta Non Verba
NRA Life Member (Patron)
God, Family, Guns, Country

Men will fight and die to protect women... because women protect everything else. ~Andrew Klavan

 
Posts: 31171 | Location: Elv. 7,000 feet, Utah | Registered: October 29, 2012Report This Post
is circumspective
Picture of vinnybass
posted Hide Post
So, did he hit any of those tires?



"We're all travelers in this world. From the sweet grass to the packing house. Birth 'til death. We travel between the eternities."
 
Posts: 5582 | Location: Las Vegas, NV. | Registered: May 30, 2009Report This Post
Staring back
from the abyss
Picture of Gustofer
posted Hide Post
quote:
Originally posted by Balzé Halzé:

And even if she did intend to hit him with her car, some idiot pulls a gun on me because he believes...Well whatever he believes, I'm probably gonna try and run him over too.

Did he clear leather before or after she backed into him? The answer to that will keep him out of jail.


________________________________________________________
"Great danger lies in the notion that we can reason with evil." Doug Patton.
 
Posts: 21011 | Location: Montana | Registered: November 01, 2010Report This Post
The Joy Maker
Picture of airsoft guy
posted Hide Post
quote:
Originally posted by Hound Dog:
quote:
Originally posted by OMCHamlin:
This will certainly sound crass, but if more "shoplifters" thought they might get their asses shot up in the process, maybe they would think twice?
On the other hand, if we lost a few shoplifters along the way, in case you hadn't noticed, the world is FULL of people, we're in no danger of running out...


All fine and dandy until it's somebody YOU care about getting shot and killed for stealing a pair of jeans. Or getting shot because somebody THINKS they stole a pair of jeans. Not all 'suspects' are truly guilty of what they are accused of.


Tell ye what, that thread about refusing to show receipts to the door checker at WalMart would look a lot different.



quote:
Originally posted by Will938:
If you don't become a screen writer for comedy movies, then you're an asshole.
 
Posts: 17158 | Location: Washington State | Registered: April 04, 2003Report This Post
Member
posted Hide Post
quote:
Originally posted by JALLEN:
What is the statute about force to defend/stop a crime?

The story says you can use reasonable force in a citizen's arrest.


I don't think it's reasonable force if they're unarmed and running away from you.
 
Posts: 21428 | Registered: June 12, 2005Report This Post
That rug really tied
the room together.
Picture of bubbatime
posted Hide Post
If it happened in Florida, and he was unable to articulate that he was in fear and the shooting was in self defense, he would be looking at 15-20 years - just for shooting out the tires.

Basically, I can applause the idea that he wants to make his community a better place, but there is a right way, and a wrong way to do things son.

If someone with a gun thinks I committed a crime and wants to arrest me as a "citizens arrest", that's fine, we can wait for the cops to show up. When you are 100% wrong, and you detained me illegally, I'll be filing charges of kidnapping/false imprisonment.


______________________________________________________
Often times a very small man can cast a very large shadow
 
Posts: 6715 | Location: Floriduh | Registered: October 16, 2004Report This Post
Member
Picture of 4859
posted Hide Post
Seems a few of you failed to read the full story and watch the video.

He attempted to make a citizens arrest on the man and woman. He attempted to hold them for Police and pulled out his gun when they didn't want to listen to him. He at no time said he actually saw him steal the clothing from the store. He only thinks they stole the clothing. He had no right to make a citizens arrest and this was not a deadly force encounter. He foolishly placed him self in danger by standing behind the van. The guy is a fucking idiot.


-----------------------------
Always carry. Never tell.
 
Posts: 5772 | Location: Montana  | Registered: May 13, 2008Report This Post
Low Profile Member
posted Hide Post
the knucklehead should be charged and his permit taken away
 
Posts: 3534 | Registered: August 19, 2003Report This Post
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