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Old 02-05-2008, 10:55 AM   #61
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I know i would have definitely bust a couple shots even if they where holes in the sheet metal. I would have loved to see they chit they're pants. great ending to a common occurrence. :slide:
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Old 02-05-2008, 10:58 AM   #62
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Quote:
Originally Posted by Mala Lingua View Post
We haven't had a story with a happy ending like this in a while. Congrats!
LOL@ ur sig
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Old 02-05-2008, 11:12 AM   #63
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Sorry 2 hear that HOE , but so glad u handled urself appropriately and u and the moto r safe from harm
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Old 02-05-2008, 11:16 AM   #64
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next time put that shotty to use bro..
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Old 02-05-2008, 11:27 AM   #65
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I would have not had any reservation about shooting them, straight from the Texas Penal code, note the reference it makes about night time...
Additionally, all you have to say, especially at night, is you saw, not thought you saw, but saw him/her/them brandish a gun and felt your life was in imminent danger. Laws have evolved to be much more lenient if it occurs at night time, since it's hard to make absolute visual confirmations...
Will you have to go to court? Perhaps...
Will you have gotten some scum bag off the streets and not into the system where they can further drain from our society?

I guess I don't understand why anyone would take the stance of not shooting someone, or saying good for you for not shooting... Screw them, they know they are being a scumbag, they know anything could happen by doing what they do, just like a cop does before signing the contract, or a soldier... But they still do it... The difference is the latter 2 are honorable..


SUBCHAPTER D. PROTECTION OF PROPERTY § 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. (b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and: (1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or (2) the other accomplished the dispossession by using force, threat, or fraud against the actor. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 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. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
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Old 02-05-2008, 11:32 AM   #66
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Quote:
Originally Posted by cjstephe812 View Post
Congrats on catching the guys and I'm glad to hear that you and the bike are ok. Also, good call on NOT shooting them (as much as some are saying.... well if it was my bike I would have shot them). You would have potentially subjected yourself to lots of time with the D.A., money spent on lawyers, time away from work.... to justify what you did.

Yes it is YOUR property and no one should be able to take it from you; however, unless your life was in danger, a grand jury might look differently on shooting these two dirtbags than the rest of us. (Remember, someone out there still loves those two scumbags and would have most likely tried to sue you for killling their crackhead love ones.)
That is why we have laws to protect us against this very thing happening, seem my last post...
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Old 02-05-2008, 11:35 AM   #67
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So what was the look on their faces when you faced them and gave the positive ID?
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Old 02-05-2008, 11:44 AM   #68
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Quote:
Originally Posted by cjstephe812 View Post
Congrats on catching the guys and I'm glad to hear that you and the bike are ok. Also, good call on NOT shooting them (as much as some are saying.... well if it was my bike I would have shot them). You would have potentially subjected yourself to lots of time with the D.A., money spent on lawyers, time away from work.... to justify what you did.

Yes it is YOUR property and no one should be able to take it from you; however, unless your life was in danger, a grand jury might look differently on shooting these two dirtbags than the rest of us. (Remember, someone out there still loves those two scumbags and would have most likely tried to sue you for killling their crackhead love ones.)
That is why we have laws to protect us against this very thing happening, see my last post...
Not only "should they not be able to take your property from you", but there are laws clearly defining they can't, and also clearly defining what your limitations are to preventing it.
And since they love doing this at night time, when the laws applying to the use of deadly force are much more lenient, it makes it easier for me at least, to justify shooting first and asking questions later.
Bottom line is, anyone here would interfere in some shape, or form, what you are going to do, when, not if, they pull a weapon on you and start shooting.
You want to be the one not armed, not prepared to shoot back? Or you want to be the one with your gun cocked and loaded and safety off?

Do you think they are going to congratulate one another for not shooting someone that tried to protect their property?
This is the real world, you don’t try to bring a verbal fight, to a gun fight…
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Old 02-05-2008, 11:52 AM   #69
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Too bad you couldn't unload on 'em.

Now you have to worry about them coming back for a little revenge. I'll bet they weren't happy about spending the night in jail and the felony that you pinned on 'em.
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Old 02-05-2008, 11:53 AM   #70
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did you have alarm, disc lock? that would make it a "little" harder for them to steal
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Old 02-05-2008, 11:54 AM   #71
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Quote:
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Too bad you couldn't unload on 'em.

Now you have to worry about them coming back for a little revenge. I'll bet they weren't happy about spending the night in jail and the felony that you pinned on 'em.
Yeah they know where you live dude I would def park that bike somewhere else untill you get a garage
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Busa club. why did you not mention that? that makes things all nice and peachy
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Old 02-05-2008, 11:55 AM   #72
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Quote:
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did you have alarm, disc lock? that would make it a "little" harder for them to steal

2 Guys can pick up a bike Disk lock would not have done a thing
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Busa club. why did you not mention that? that makes things all nice and peachy
Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength-
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Old 02-05-2008, 12:05 PM   #73
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Glad to hear such a great ending. My bike was almost stolen at Whataburger earlier last month, and had some serious damage. I still would give anything to have caught those maggots!
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Old 02-05-2008, 12:08 PM   #74
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great news and awesome story.
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Old 02-05-2008, 12:10 PM   #75
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Quote:
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Screw that go to the apartments and tell them you fear for you life as they know where you live. Go to the apartment assocaition and you can get out of your lease.

Next if I was you, and it was night and they had there hands all over your bike and you knew they were stealing it. I would have shot those DEAD. No questions asked, luckly they didn't have a gun and shot you. If you going to show deadly force you have to use it. No matter what they saw you with a shot gun, that is deadly force. I have always used the moto, dont pull it unless your going to use it.

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Old 02-05-2008, 12:14 PM   #76
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A couple of things....

1) Glad you caught the perps!

2) If you do not get a garage, get a cover and a lock for your bike. Not foolproof but it'll slow them down. If you do get a garage, still lock the bike at night, preferably to something anchored! Apartments just are not secure and garage doors only stop HONEST people. Baby monitors are GREAT for non-attached garages!

3) Practice loading your firearms in the dark. It sounds silly until the need arises.

4) At night, while in the midst of committing a crime Texas state laws allow the use of deadly force to stop a perpetrator. You WILL be charged, but the grand jury will no-bill in accordance the the CASTLE DOCTRINES.
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Old 02-05-2008, 12:16 PM   #77
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shoot first ask questions later dude everbody knows that!
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Old 02-05-2008, 12:17 PM   #78
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Quote:
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A couple of things....

1) Glad you caught the perps!

2) If you do not get a garage, get a cover and a lock for your bike. Not foolproof but it'll slow them down. If you do get a garage, still lock the bike at night, preferably to something anchored! Apartments just are not secure and garage doors only stop HONEST people. Baby monitors are GREAT for non-attached garages!

3) Practice loading your firearms in the dark. It sounds silly until the need arises.

4) At night, while in the midst of committing a crime Texas state laws allow the use of deadly force to stop a perpetrator. You WILL be charged, but the grand jury will no-bill in accordance the the CASTLE DOCTRINES.
I used to sleep with my 1911 with one in the pipe, but too many times I woke up having cocked it in my sleep. Too much practice I guess, lol.
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Old 02-05-2008, 12:22 PM   #79
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Old 02-05-2008, 12:33 PM   #80
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Quote:
Originally Posted by Solyjr View Post
I would have not had any reservation about shooting them, straight from the Texas Penal code, note the reference it makes about night time...
Additionally, all you have to say, especially at night, is you saw, not thought you saw, but saw him/her/them brandish a gun and felt your life was in imminent danger. Laws have evolved to be much more lenient if it occurs at night time, since it's hard to make absolute visual confirmations...
Will you have to go to court? Perhaps...
Will you have gotten some scum bag off the streets and not into the system where they can further drain from our society?

I guess I don't understand why anyone would take the stance of not shooting someone, or saying good for you for not shooting... Screw them, they know they are being a scumbag, they know anything could happen by doing what they do, just like a cop does before signing the contract, or a soldier... But they still do it... The difference is the latter 2 are honorable..


SUBCHAPTER D. PROTECTION OF PROPERTY § 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. (b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and: (1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or (2) the other accomplished the dispossession by using force, threat, or fraud against the actor. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994. § 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. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
it would be illegal to shoot them if they dropped your stuff and tried to run. if they had your bike on the back of their truck however, might be a different story
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