Umm, here's a thought.
Now that you mentioned your intentions, if you did shoot them, wouldn't that make this pre-meditated murder? Any lawyers here?
Better idea...
Go back, see if the van is in the drive way. If it is, block it in and write the license plate down. Do you have a cell phone. Maybe, if the van's there, you should call the police?!?!?!!?? Don't be stupid is all I'm saying. Maybe tell your neighbors to keep an eye out. Set up a neighborhood watch program.
Karl
Now that you mentioned your intentions, if you did shoot them, wouldn't that make this pre-meditated murder? Any lawyers here?
Better idea...
Go back, see if the van is in the drive way. If it is, block it in and write the license plate down. Do you have a cell phone. Maybe, if the van's there, you should call the police?!?!?!!?? Don't be stupid is all I'm saying. Maybe tell your neighbors to keep an eye out. Set up a neighborhood watch program.
Karl
Linflas
Lifer
- Jan 30, 2001
- 15,395
- 78
- 91
All I read was an intention to defend his dwelling by whatever means necessary. I think premeditated murder would be a stretch. He has every right to defend his property. Shiner you haven't done anything that would cause the feds to be doing a "sneak and peek" have you? :Q
I once had our car stolen and in order to steal it they broke into our car parked in front of it, rolled it into the road and then stole our car. The police, who repeatedly told us they drive by every few hours, happened to miss a car backed into one lane with a broken window. Then, to top it all off, the police report had the wrong model car, wrong plate numbers, wrong adress, and even get my mom's name wrong. Guam police = corrupt.
MichaelD
Lifer
- Jan 16, 2001
- 31,528
- 3
- 76
HEY! That's my Nine!!! Really. I've never seen a pic of it before...I mean, I have the real thing, but have never seen a pic....strange.
Good luck w/your "pest" problem, shinerburke. Shoot first, dial 911, immediately dial a lawyer. Make no statement w/o your lawyer present, even if that means sitting downtown for a few hours. Good luck.Interesting point. I've heard this before. Not "make sure they're in the house before you shoot", but "make sure they're in the house before you call to report the shooting"
Originally posted by: Linflas
All I read was an intention to defend his dwelling by whatever means necessary. I think premeditated murder would be a stretch. He has every right to defend his property. Shiner you haven't done anything that would cause the feds to be doing a "sneak and peak" have you? :Q
Granted that you have a right to protect your property. If you have time to plan a solution, when options like calling the police are available, to choose murder is bad. if you actually go through with the killing of the theives, wouldn't it be pre-medetated because you thought about it and determined it to be the best option. I think pre-medatated is an accurate description because the solution was thought about.
Eh, just a little variation on "Castle rule". I think what the cop was saying is that he supports 100% that if he catches a couple of guys trying to break into his house for the second time that that should be close enough to them being in the house when he did it. I agree actually. I won't even pretend to know how old shinerburke is, but if I've caught people trying to break in my house twice, whats to stop them from breaking in at night and killing myself, my gf, my kids, wife, whatever he might have?
iamwiz82
Lifer
- Jan 10, 2001
- 30,772
- 13
- 81
Originally posted by: kherman
Originally posted by: Linflas
All I read was an intention to defend his dwelling by whatever means necessary. I think premeditated murder would be a stretch. He has every right to defend his property. Shiner you haven't done anything that would cause the feds to be doing a "sneak and peak" have you? :Q
Granted that you have a right to protect your property. If you have time to plan a solution, when options like calling the police are available, to choose murder is bad. if you actually go through with the killing of the theives, wouldn't it be pre-medetated because you thought about it and determined it to be the best option. I think pre-medatated is an accurate description because the solution was thought about.
I'm sorry but i do not agree with you at all. Peaceful resolutions do nothing. If they are not caught actually breaking in they will be out of jail by nightfall and if they are caught and convicted of burglary they will spend maybe a year in prison. Rehabilitation of prisoners does not work, a 9mm does.
Linflas
Lifer
- Jan 30, 2001
- 15,395
- 78
- 91
Originally posted by: kherman
Originally posted by: Linflas
All I read was an intention to defend his dwelling by whatever means necessary. I think premeditated murder would be a stretch. He has every right to defend his property. Shiner you haven't done anything that would cause the feds to be doing a "sneak and peak" have you? :Q
Granted that you have a right to protect your property. If you have time to plan a solution, when options like calling the police are available, to choose murder is bad. if you actually go through with the killing of the theives, wouldn't it be pre-medetated because you thought about it and determined it to be the best option. I think pre-medatated is an accurate description because the solution was thought about.
He says in the initial post he contacted the police and they even came out and spoke with him. They further provided the helpful suggestion regarding the legalities of where they would like to find the dead perps corpse(s) if it came to that. The only premeditation is his determination to defend his property and family against intruders by whatever means necessary. He has not identified anyone by name that he intends to kill nor does he even know who these people are or what their intentions are. Given the option of cowering and waiting for the police to respond to my call or defending my house with a firearm I own I would choose the latter option. By your theory anyone that purchases a firearm for self protection could be charged with premeditated murder since the ultimate end result of using a gun for self protection would be a dead attacker.
308nato
Platinum Member
- Feb 10, 2002
- 2,674
- 0
- 0
You called the cops and they were kind enough to talk to you. That was nice of them.
Its now time to personally confront the jagoffs. If doing it alone isn't your style, get the neighbors in on it and wait for them to show up again. At this time, you all go ask who they are and what their purpose for hanging around is. Tell them that you are a helpful group and are just trying to give them any assistance necessary. Giving the appearance that you are all heading to play baseball would be good if you know what I mean.
Pre-emptive strikes in force work at the personal level as well as the national level as far as security goes.
Dial 911 and die.
Its now time to personally confront the jagoffs. If doing it alone isn't your style, get the neighbors in on it and wait for them to show up again. At this time, you all go ask who they are and what their purpose for hanging around is. Tell them that you are a helpful group and are just trying to give them any assistance necessary. Giving the appearance that you are all heading to play baseball would be good if you know what I mean.
Pre-emptive strikes in force work at the personal level as well as the national level as far as security goes.
Dial 911 and die.
The "make my day" law in Colorado is pretty clear about defending against intruders inside your home. The law is always in favor of the homeowner- but there are points of conflict when it comes to premeditation. If you are defending yourself and family from an immediate threat, that is one thing, but if you are feeling threatened and are just sitting in your living room waiting for someone to come through the door without contacting the police, you could be charged with a crime.
The prosecuting attorneys in these cases usually don't like to go to court because juries are on the side of the homeowners.
The prosecuting attorneys in these cases usually don't like to go to court because juries are on the side of the homeowners.
CPA
Elite Member
- Nov 19, 2001
- 30,322
- 4
- 0
Originally posted by: Linflas
Originally posted by: kherman
Originally posted by: Linflas
All I read was an intention to defend his dwelling by whatever means necessary. I think premeditated murder would be a stretch. He has every right to defend his property. Shiner you haven't done anything that would cause the feds to be doing a "sneak and peak" have you? :Q
Granted that you have a right to protect your property. If you have time to plan a solution, when options like calling the police are available, to choose murder is bad. if you actually go through with the killing of the theives, wouldn't it be pre-medetated because you thought about it and determined it to be the best option. I think pre-medatated is an accurate description because the solution was thought about.
He says in the initial post he contacted the police and they even came out and spoke with him. They further provided the helpful suggestion regarding the legalities of where they would like to find the dead perps corpse(s) if it came to that. The only premeditation is his determination to defend his property and family against intruders by whatever means necessary. He has not identified anyone by name that he intends to kill nor does he even know who these people are or what their intentions are. Given the option of cowering and waiting for the police to respond to my call or defending my house with a firearm I own I would choose the latter option. By your theory anyone that purchases a firearm for self protection could be charged with premeditated murder since the ultimate end result of using a gun for self protection would be a dead attacker.
Thank you for saving me from a long rebuttal on his logic. You responded well.
Try to get someone to do this with you, dont go confront them alone...best thing to do is get wakkie talkkies and as soon as u get to the back of ur house have someone drive up the front and block the truck from getting out! A-Team style.
- Jul 18, 2000
- 17,112
- 1
- 0
Sorry it has taken me so long to get back to everyone, I've been in a meeting since I got to work........here's an update. I left this morning as planned and parked at the lake then walked back up. Waited around until close to 9am and the van did come by and drive slowly down the street but never stopped. It might have had something to do with the fact that the cable company had two trucks across the street working on a problem. One of my neighbors managed to get the tag number off the van and report it to the police, the van came back as a stolen vehicle and by the time the police responded the van was no longer in the neighborhood. The neighborhood I live in is mostly older people, my neighbor across the street is 93 in fact, and a majority of them are retired so they are watching things today. As I said before my parents live in the neighborhood a couple of blocks over and my Dad is keeping an eye on the place while I am at work. Who knows if the guys in the van will keep coming back but they do seem to be very interested in the area as evidenced by the fact that they have been scoping it out for a couple of weeks now. We checked with the neighbor who's driveway the van had been parked in on several occasions and he had no idea it had ever been there. Like I said he's 93, has had multiple heart attacks, is on oxygen, nearly deaf, and rarely comes outside so it's not all that surprising he didn't know about it. One good thing is that the former Mayor of the city lives right next door to me, the current Mayor lives a few houses down, and a couple of City Councilors live in the area so the police usually have a fairly high profile around there. Problem is that since the neighborhood is built in a hilly area around a lake the streets are not straight, don't really intersect, and tend to wind around quite a bit making their respond times a little high even if there is a patrol a block or two over. I will keep everyone updated on this story since I plan on doing what I did this morning until the issue is resolved one way or the other. I must admit that I didn't sleep well last night??I'm normally a light sleeper anyway and keep a pistol next to my bed but last night I made sure all the guns were in my room just in case someone did make it into the house. I do have an alarm system on all the windows and doors so I'm sure that if someone came in during the night it would sound and wake me up. If that happens I own them??the breaker box is in my closet so I can shut down all the power and then use my night vision gear to hunt them inside the house. Didn't buy it for that reason, it's actually for hunting the coyotes that keep killing the deer on our land, but I'm sure it will work on a couple of burglars. This all may be much ado about nothing but I don't think you can be too careful these days?.
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