Rancher Ordered To Pay Illegal Aliens Because He Assaulted Them On His Property

[JTsyo]

Next time he should wash some of his jewelry and put it to dry on a stand or something in the area. If someone tries to steal them, he can hold them for theft until the cops come. Should check with a lawyer on what flies and what doesn't.

 

[CycloWizard]

So it's best he draw a weapon on them and threaten with death if they flee, make them lay on the ground, intimidate them with his dog and kick a woman on the ground. Right

I don't see where he kicked anyone. In fact, that's not mentioned anywhere in the article. But I guess when you're an idiot, you'll simply make up facts which support your opinion. Well played.

 

[fskimospy]

Sorry you shouldn't be able to bring a civil action unless you're here legally (whether it's on a visa or whatever.)

That's a really horrible idea. Altering the protection of US laws based upon immigration status would not only create a legal nightmare for the courts, but a civil nightmare for the rest of us.

Could you steal from illegal immigrants? Sure you'd go to jail for the theft, but they would be unable to recover their property from you. Could be worth it. Run fraud schemes on immigrants? Same thing. Could doctors willfully commit malpractice on immigrants? etc. etc.

 

[KlokWyze]

LMAO we are so fucked. Our government doesn't give 2 shits about real problems. They don't want to touch these issues out of fear of pissing people off about racial profiling and/or they just want their votes after they give the illegals amnesty.

The rancher's reaction in the 2004 case is over the top, but I hardly sympathize with trespassers/illegal aliens. They shouldn't be given that money for some distress they had to go through for committing CRIMES.

 

[chucky2]

Not just terrible; horrible, your reasoning!

Bordering on "infantile ersatz-patriotic tantrum".

If you want to reasonably discuss something, fine, but this is just ranting.

Let me make sure I understand your position:

You think someone who's had to tolerate an invasion of illegal aliens for years, while his federal government, who's primary job is to secure the borders and has totally failed the region he lives in, tells him to pay illegals money for what in effect is detaining them, should not have a "infantile ersatz-patriotic tantrum"?

I must have misread your post somehow...could you confirm how said person should feel? Glee about seeing illegals? Give them money for illegally invading prior to them sueing him? Just wondering what you want guys like this to do, given their Fed government has done basically nothing. Thanks ahead of the clarification.

Chuck

 

[chucky2]

Next time he should wash some of his jewelry and put it to dry on a stand or something in the area. If someone tries to steal them, he can hold them for theft until the cops come. Should check with a lawyer on what flies and what doesn't.

No, then he'd be tried for entrapment or some other such BS.

 

[thraashman]

LMAO we are so fucked. Our government doesn't give 2 shits about real problems. They don't want to touch these issues out of fear of pissing people off about racial profiling and/or they just want their votes after they give the illegals amnesty.

The rancher's reaction in the 2004 case is over the top, but I hardly sympathize with trespassers/illegal aliens. They shouldn't be given that money for some distress they had to go through for committing CRIMES.

I'm not saying I think they should be awarded money in a civil trial. In fact I for the most part don't agree with the ability to sue people over damn near anything that happens here. However, what he did was a criminal act, it doesn't matter if the people he did it to were also criminals. Criminal acts are not made legal because someone else is also a criminal.

 

[Red Dawn]

I don't see where he kicked anyone. In fact, that's not mentioned anywhere in the article. But I guess when you're an idiot, you'll simply make up facts which support your opinion. Well played.

Read the article Nancy

He held the group captive with threats that his dog would attack them if anyone moved or tried to escape. Barnett also kicked an woman while she was on the ground.

Something I would expect a fellow like you to do.

 

[Red Dawn]

LMAO we are so fucked. Our government doesn't give 2 shits about real problems. They don't want to touch these issues out of fear of pissing people off about racial profiling and/or they just want their votes after they give the illegals amnesty.

The rancher's reaction in the 2004 case is over the top, but I hardly sympathize with trespassers/illegal aliens. They shouldn't be given that money for some distress they had to go through for committing CRIMES.

Lol, well with that money those Mexicans won't need to cross the border illegaly anymore to look for work:sneaky:

 

[HumblePie]

In Texas a person has the right to defend property using any measure of force if the person believes that there is no alternatives. It doesn't matter if the person is threatened or not. It doesn't matter if the perps trespassing are involved in another crime or about to involved in another crime. It doesn't matter if they are threatening the person who owns the land or not.

Sub chapter D of the Texas penal code of authorized use of force details exactly what can and can't be used lawfully. Defending your own property to any degree of force is pretty much legal here. There is no such thing as castle doctrine in Texas as all land and property is defensible by the owner.

Oh well, too bad he didn't live here.

§9.41. Protection of one's own property.

(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

Basically, you trespass in Texas on someone's land where no trespassing is posted or oral communication to that effect, or a fence is used, or agriculture is grown for consumption or a few other things where it basically means the person trespassing should know they aren't suppose to be there. The person who own the land can basically use whatever level of force they deem necessary to protect their property. Case closed.

 

[chucky2]

Did the dog attack them, or was the threat merely being levied to hold them there? Why did he kick the woman on the ground? What type of kick was it? Did the kick produce bruising or injury?

 

[mrCide]

Man this thread is gold... is chucky the new spidey?

 

[chucky2]

No.

 

[thraashman]

In Texas a person has the right to defend property using any measure of force if the person believes that there is no alternatives. It doesn't matter if the person is threatened or not. It doesn't matter if the perps trespassing are involved in another crime or about to involved in another crime. It doesn't matter if they are threatening the person who owns the land or not.

Sub chapter D of the Texas penal code of authorized use of force details exactly what can and can't be used lawfully. Defending your own property to any degree of force is pretty much legal here. There is no such thing as castle doctrine in Texas as all land and property is defensible by the owner.

Oh well, too bad he didn't live here.

Actually from what someone posted earlier about Texas, it appears you have to be defending something. And by defending, that means there has to be threat of danger to that something. A person's presence by trespassing doesn't indicate a threat to the property. If their is a threat of damage to said property then you can defend it with violent force. Again, as I've stated in here before, if the way you state it is true then you'd be allowed to shoot a trick-or-treater who stepped on your land according to the law, which no state would allow.

Edit: I admit I could be wrong here in my interpretation. And if I am Texas is the most batshit fucking crazy place on the planet. Sounds like Iran taking people near the borders and detaining them as spies, only instead of trying them like they would in Iran you can just kill them. Wow ... is Texas less democratic than Iran? Fuck that place is insane.

 

[KlokWyze]

Lol, well with that money those Mexicans won't need to cross the border illegaly anymore to look for work:sneaky:

hehe good for them, they pretty much hit the lotto. Now i'm sure their extended family will be immigrating daily, taunting ranchers, etc.

So were the illegals actually in court suing the guy for the civil case? They were illegals in a court of law?

 

[CycloWizard]

Read the article Nancy

He held the group captive with threats that his dog would attack them if anyone moved or tried to escape. Barnett also kicked an woman while she was on the ground.

Something I would expect a fellow like you to do.

Ah. so now Fox News is a perfectly reputable source for information? That's not the article that was included in the OP, and a lot of its information conflicts with the original article. If he assaulted someone, he should have been charged with assault in a criminal court. Ordering him to pay civil damages to a group which should have no recourse to our legal system in the first place is stupid. Period.

 

[her209]

If a cop is chasing a criminal and they both run through my backyard, can I shoot both of them?

 

[spidey07]

If a cop is chasing a criminal and they both run through my backyard, can I shoot both of them?

Would really depend on what state.

 

[HumblePie]

Actually from what someone posted earlier about Texas, it appears you have to be defending something. And by defending, that means there has to be threat of danger to that something. A person's presence by trespassing doesn't indicate a threat to the property. If their is a threat of damage to said property then you can defend it with violent force. Again, as I've stated in here before, if the way you state it is true then you'd be allowed to shoot a trick-or-treater who stepped on your land according to the law, which no state would allow.

Edit: I admit I could be wrong here in my interpretation. And if I am Texas is the most batshit fucking crazy place on the planet. Sounds like Iran taking people near the borders and detaining them as spies, only instead of trying them like they would in Iran you can just kill them. Wow ... is Texas less democratic than Iran? Fuck that place is insane.

No.... you just have to reasonably believe that there is no other way to defend property. And defense of property is stated as preventing trespassing, prevent re-entry, or expell trespassers specifically in subsection D. Everything else is superfluous. I specifically quoted the part in my other post detailing this.

So seriously, if you walk into someone's yard in Texas and they have a sign that state no trespassers.. you can legally be shot and the cops won't care. It has happened before and I know cops about this as well. I HAVE a bat shit crazy, red neck cousin do this to someone before out in Hondo. Someone walked onto his property, he pulled out his rifle and winged the person in the leg. The guy shot scrambled off the property and called the cops. Cops showed up, asked if the person came on the property. The guy admitted he did, and they cops said it was now a civil matter. Also told him good luck if he thought to win a suit against my cousin. Laughed at the guy too.

 

[KlokWyze]

If a cop is chasing a criminal and they both run through my backyard, can I shoot both of them?

lol

 

[thraashman]

No.... you just have to reasonably believe that there is no other way to defend property. And defense of property is stated as preventing trespassing, prevent re-entry, or expell trespassers specifically in subsection D. Everything else is superfluous. I specifically quoted the part in my other post detailing this.

So seriously, if you walk into someone's yard in Texas and they have a sign that state no trespassers.. you can legally be shot and the cops won't care. It has happened before and I know cops about this as well. I HAVE a bat shit crazy, red neck cousin do this to someone before out in Hondo. Someone walked onto his property, he pulled out his rifle and winged the person in the leg. The guy shot scrambled off the property and called the cops. Cops showed up, asked if the person came on the property. The guy admitted he did, and they cops said it was now a civil matter. Also told him good luck if he thought to win a suit against my cousin. Laughed at the guy too.

So, Texas is batshit crazy is what we're saying. I was actually correct in my assessment that Iran gives more rights than Texas. What a fucking nutball place. At least I know now that I will NEVER go to Texas. I will also support any attempts from Texas to secede because we don't need a place like that being part of America.

 

[HumblePie]

If a cop is chasing a criminal and they both run through my backyard, can I shoot both of them?

In Texas you can if they have reasonable knowledge they are not suppose to be on your land. Which means that they have been issued a verbal warning, or they are going through a fence, or you have signs posted where they could see them. But there are a few exceptions in the case of law enforcement and others of official capacity officials such as medical professionals. In the case of the cop, shooting him while he's performing his official duty would not be the brightest idea to do even in Texas. You might get away with it, but I would highly recommend not doing it. But feel free to take pop shots at the guy he's chasing if he's in your yard.

 

[Red Dawn]

hehe good for them, they pretty much hit the lotto. Now i'm sure their extended family will be immigrating daily, taunting ranchers, etc.

So were the illegals actually in court suing the guy for the civil case? They were illegals in a court of law?

All I know is what the article patsanuus linked tio and the linked article from Faux Noise

 

[chucky2]

If a cop is chasing a criminal and they both run through my backyard, can I shoot both of them?

Sure, that's a good idea! Then, later, when you get slammed into by a drunk illegal, the cop won't there to respond to the situation. Or, when you've got 3 illegals raping you, whoops, the cop will be in the hospital instead of bailing you out. Or while they're breaking into your house and stealing your stuff, he'll be sitting in the graveyard. Or when they're assaulting your kid, you can complain to the Illegal Alien Defense and Get American's Money squad, I'm sure they'll keep your kid from getting ganged up on.

Super idea you have there.... :thumbsup:

Chuck

 

[spidey07]

So, Texas is batshit crazy is what we're saying. I was actually correct in my assessment that Iran gives more rights than Texas. What a fucking nutball place. At least I know now that I will NEVER go to Texas. I will also support any attempts from Texas to secede because we don't need a place like that being part of America.

Actually most of the states are following Texas' castle laws so they must be doing something right. The ability to defend your property from trespass and crime is only growing, not the other way around.