I was a victim and it was my own fault.

[pierre shags]

Let’s imagine you did have a gun handy and chased him, but he was faster and getting away, so you shot him at 30 feet and killed him.

What would the law be? He wasn’t presenting a threat. You shot him in the back for a laptop.

[jdraupp]

Originally Posted by pierre shags

Let’s imagine you did have a gun handy and chased him, but he was faster and getting away, so you shot him at 30 feet and killed him.

What would the law be? He wasn’t presenting a threat. You shot him in the back for a laptop.

I think the idea here is if the gun was handy, the full Metal Jacket would do the chasing, he wouldnt have to go after him. If you shoot someone in the back running away from you outside your home that is murder unless you can articulate that you were in fear for your life in that scenario. Hard sell. If you shoot someone who is burglarizing your home, that is called home defense. Of course the media usually only cares if there's a race issue to push.

[Jamesp]

Originally Posted by pierre shags

Let’s imagine you did have a gun handy and chased him, but he was faster and getting away, so you shot him at 30 feet and killed him.

What would the law be? He wasn’t presenting a threat. You shot him in the back for a laptop.

In Texas that's hot pursuit and you have a defense. And it's not for a laptop, which is an incredibly short sighted viewpoint. It's for being a thief, and that is a career criminal. He is presenting a threat to your property and you have every right (in Texas) to resolve that threat with deadly force. Your actions would be reviewed by the DA because it is against the penal code to discharge a firearm in the city limits (assuming a city) and against the penal code to use deadly force. You literally have to plead guilty to those, and then present your defense (resolving the threat) which happily is supported by Texas law.

Glad you didn't kill anybody Timco, though you would be justified. No legal entanglements and no dead guy to think about. Hope the knee heals up quickly, and you might consider getting a doggy friend for you (semi worthless) dog. Wishing you the best!

[Racer Boy]

Originally Posted by Jamesp

In Texas that's hot pursuit and you have a defense. And it's not for a laptop, which is an incredibly short sighted viewpoint. It's for being a thief, and that is a career criminal. He is presenting a threat to your property and you have every right (in Texas) to resolve that threat with deadly force. Your actions would be reviewed by the DA because it is against the penal code to discharge a firearm in the city limits (assuming a city) and against the penal code to use deadly force. You literally have to plead guilty to those, and then present your defense (resolving the threat) which happily is supported by Texas law.

The OP is in Utah, which I'm sure has different laws. If I'm not mistaken, every state has different laws around this than Texas!

In most states, once the perp is outside of your home and you shoot them in the back, then you are in some serious legal trouble.

Timco, how is your knee today?

[Timco]

Originally Posted by Racer Boy

The OP is in Utah, which I'm sure has different laws. If I'm not mistaken, every state has different laws around this than Texas!

In most states, once the perp is outside of your home and you shoot them in the back, then you are in some serious legal trouble.

Timco, how is your knee today?

In recent history, there have been a few home invaders shot and killed by a homeowner here, but I am sure none were shot in the back fleeing. You could argue you're stopping future felonies or were temporarily blinded to the law when confronting someone in your home but that would be weak sauce.

What I mean by wish I had a gun is if I had seen him just going through stuff, I would have shot him rightfully out of fear for my safety. We don't have a retreat law so if he's a threat I can stop him without having to flee first. I have held an intruder at gunpoint. If you've ever seen a man beg for his life, it's heavy stuff. He was cringing over waiting to be shot. He begged me not to shoot him. That was 15 years ago.

I've always thought I would do anything to protect my wife, dog, home. This shows me in that moment, I'm willing to risk my life to get that threat out of my house. Honestly, all I could think of was beating or killing him, and with no weapon, I was intent on doing it bare handed. He got that message as fast as he ran. He was the lucky one.

The leg is a major hamstring and calf pull. Knee to top / side of foot. I never left the house today. It's terrible pain. Inside thigh too. My neck and shoulder still hurt from catching the doorway. Bruised. But it's a reminder to lock doors and that I feel like I gave everything I could to protect mine. Not on my watch.

[jpc763]

Originally Posted by Timco

In recent history, there have been a few home invaders shot and killed by a homeowner here, but I am sure none were shot in the back fleeing. You could argue you're stopping future felonies or were temporarily blinded to the law when confronting someone in your home but that would be weak sauce.

What I mean by wish I had a gun is if I had seen him just going through stuff, I would have shot him rightfully out of fear for my safety. We don't have a retreat law so if he's a threat I can stop him without having to flee first. I have held an intruder at gunpoint. If you've ever seen a man beg for his life, it's heavy stuff. He was cringing over waiting to be shot. He begged me not to shoot him. That was 15 years ago.

I've always thought I would do anything to protect my wife, dog, home. This shows me in that moment, I'm willing to risk my life to get that threat out of my house. Honestly, all I could think of was beating or killing him, and with no weapon, I was intent on doing it bare handed. He got that message as fast as he ran. He was the lucky one.

The leg is a major hamstring and calf pull. Knee to top / side of foot. I never left the house today. It's terrible pain. Inside thigh too. My neck and shoulder still hurt from catching the doorway. Bruised. But it's a reminder to lock doors and that I feel like I gave everything I could to protect mine. Not on my watch.

Glad it is not more serious (surgery)! Heal fast!

[Perfectlap]

First of all, congratulations on still having your life. things can be replaced. Considering that this loser came back for your inside stuff I'd say you were visited by an experienced thief who has done this many times. That's actually the good news. Had it been a tweaker and you caught him in the act he might have done something unpredictable.


I guess you didn't have security system with video? I recently installed one of these high def wifi cameras with motion detection recording. I had some repair guys coming in and although the camera was conspicuously placed on the cable box they carried on discussions about my stuff which I heard crystal clear on my phone while sitting on a moving bus. It's the Vimtag on Amazon. But now that you have been confirmed as someone with nice stuff I would get a more robust security system with an alarm that can be programmed to turn itself on at set time. Signs in the window that say 24 hour video surveillance for the foreseeable future are a good thing. Check craigslists and Ebay (search by zip code) for your stuff. maybe the thief is already trying to sell your stuff before he's caught with it. And given how he brazenly walked into a house at night, I wouldn't put it past this guy to come back, unless you got a good look at his face?

As far as shooting an intruder. Even those who have been exonerated of a justifiable homicide have a mountain of legal issues and expenses. Only you can decide if your life is on the line in that split second moment. That requires a level head. As far as running after a thief, I think there are more downsides, you never know if you're out-gunned, who might be waiting for them in a vehicle with more guns.

p.s.
That is a cool dog. Glad he's safe. Also, try acupuncture for the knee.

[pierre shags]

I agree about acupuncture; I have a similarly placed injury and it helped. But the "cupping" she did was probably the important part. Also Reflexology and Hellerwork gave relief.