Here's what I'm talking about:
9:45 pm last night I was informed by my niehbor that someone was hooking up to one of my trailers to steal it. I grab my gun and fly out the door. I approach thier vehicle to find it running but empty hooked to my trailer with pistol at the ready. At this time I hear someone breaking the glass on one of my other trailers to gain illegal entry. I approach with gun up and ready when someone comes around my trailer straight at me to his complete suprise, he is now looking down the barrel of my 9mm. He says something like ( oh god or oh no) and turns to run.
I have this guy dead in my sites, can't miss, just pull the trigger.
Here's my question: Do I take the shot or not??

I will divulge what the outcome is later as I want your unbiased opinions.

Michael

 

Tempting as it would have been to take the shot, I don't think it would have looked good to any court system if the guy had the entrance holes in his back (you said he turned and ran).

~Rob

 

Shoot him before he turns. But seriously, most states hold that if you feel threatened, it doesn't matter if he's moving toward you or not but it does look bad if he's shot in the back. DO NOT move the body. They will know and it's a crime to tamper with evidence.

That said, you DO have a right to protect your property and if the perp resists with force then he's paid for. If they run then you've accomplished the purpose of protecting your property and no need to shoot. I wouldn't want it on my conscience if I shot somebody trying to escape but I wouldn't hesitate to shoot if he were coming at me. I wouldn't regret shooting somebody that was trying to hiurt me or my loved ones.

I would also use the same rules of engagement the cops use. They're trained to continue shooting until there is no longer any threat.

Some states have the so-called make my day law. This law presumes that you are justified in shooting an intruder and puts the burden of proof on the prosecutor to prove that you weren't justified.

Edwin

 

yeah i agree with hotdram. but... if he would have made any kind of threating move torward you... fire away! you have to protect you and your family.

britt

 

Did you feel threatened?
I believe texas has the make my day law.

 

I should have said, would you take the shot while he was facing me, before he turned to run.

 

i think that if i was in your position i wouldn't have fired either. but if the feller came closer to me he would have paid the price. the only difference is that he would have been looking down the barrell of a .45. but with you going out there with your gun i would say that they won't come back. and the word is out there that you are armed. no more stealing from your place.

 

A trailer for his life is not worth it, Now if he came at you that is a different story. Sounds like you own his truck??? Hope all is well with you and your house.You will be dreaming and thinking about this one for a long time. I know, I have been down that road and it will take some time to get over it, either way,if you shot or not. Goodluck,,Rick

 

I took a firearms class to get my conceled permit, and the way the letter of the law sounded was. The make my day law does not give you the right to shoot just because someones in your house. One they have to be thier to commit a felony. Two they have to be uninvited. Three they need to make a threat, ever so slight. They are also harder on men then women, in that if there is a barrier(such as a couch, or table) then you are still in a reasanably safe spot. Where with women they are more tolerant because of strength and size. Now if the perp was commiting an armed robbery and you shot him in the back. That I BELIEVE (talk to a lawyer) would be justified.

 

God bless Texas! If every state had that attitude we would all be better off for it. Glad I was not in your position though. **** those criminals. Get a job, work for a living, then realize how hard things are to come by.

 

In Texas: For protecting your property you need this:

PC §9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or tangible,
movable property:
TEXAS CONCEALED HANDGUN LAWS PC §9.51. 47
(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.


The above tells us you can use deadly force. That being said, a theif is not always a killer or a danger. Yes, you can shoot, but I would sleep better at night knowing that maybe just maybe they can be turned around.

I say arrest them and get them to the cop shop for some vacation time at the big house in Huntsville. I only say this if you are certain that the bad guy is not going to shoot you or does not have a buddy around the trailer ready to shoot after you let your guard down. Hopefully you and your neighbor had some pre-planning and were both armed to make things a little safer to comfront a burglar/burglars.

My guess is, the guy/guys are in the klink and you did not pull the trigger.

A second way to handle this is to wait it out, let them take whatever they want and follow them until the police can get to them. Even if they leave your neighborhood or area.

Don~

 

When my mom and dad lived in a towhouse, there was a murder a couple of doors down and the killer escaped. My dad went and bought my mom and pistol and a cop told them if they see him, shoot him and put a weapon in his hand. A knife, a bat, another gun, anything. If you felt threatened, shoot him and tell the cops he started coming after you. Just be sure he's dead so he can't testify against you.

 

I have to say this is one of those,"I'd have to be in your shoes", to know what I would have done.Hell that goof is just lucky you did'ent freak when you met each other and your reaction to that surprise would have gotten him shot. Next time take a bat and beat him to a pulp. I know I can say, I would have no problem sleeping at night if I would have shot him,he would have had no problem sleeping if he had gotten away with your trailer-s. Edit . I guess I'm a little conservative,sorry.!!

 

It does not matter where you shoot them. In the back, the face, in the anything. What matters is: do you feel that deadly force was the only option you had when they were committing the act. Could you have stopped them with a fist? A kick in the guts?

If they are burglarizing you.......you can shoot them in the back running away from you while they are unarmed if you feel that is the only way to keep them from getting away with your property. But you better be certain that is the only way to stop them.


IMO, you want to avoid shooting anyone, anytime if at all possible.

Don~

 

Anyone remember the guy in the Houston area a few years back that got shot? He was a repo man coming to take a guys truck from his driveway. It was after dark. The trucks owner heard the noise and grabbed his 30-06 and went out the front door and shot him as he pulled out with the truck on the wrecker. In the back of the head. The repo man was was DRT! The trucks owner was cleared. Why? It was after dark. His property was disappearing right before his eyes. He had no way to stop the guy from taking it. It is a very unfortunant thing for the repo man and he certainly did not deserve to die. Unfortunant as it is, the trucks owner WAS in the right.

Don~