I got robbed!

[chin311]

Ironically, I bet you probably would have let them borrow the bike if they had only just politely asked you first.

Absolutely, I don't even use it. Hell pay me $1 a week for 2 months and it's yours. LOL.

OP's wife from now on doing chores at home:

LOL. I like it. Except with a 9mm full of hollow points.

The system does not rehabilitate people, it is designed to give society a short reprieve while they are in prison and then let them back out. They usually return very shortly.

With that being said, I think retaliation is unlikely considering he has some energetic cops in his neighborhood. If it does happen, shoot to kill.

I'm not too worried about retaliation but its always possible, I do have some watchful neighbors that have lived in this area for a LONG time. This isn't typical for my street you could say. If I saw them under my carport, you are correct, game on.

Your not allowed to use deadly force like that for a simple trespass, if said person is attempting to break into the domicile though it's game on.

The cop said I had every right to shoot if I caught him in the act. It's under the roof so it's considered my home. Would I have shot? Hard to say. I haven't seen the kid but if I felt threatened he said, shoot to kill.

 

[MrDudeMan]

The cop said I had every right to shoot if I caught him in the act. It's under the roof so it's considered my home. Would I have shot? Hard to say. I haven't seen the kid but if I felt threatened he said, shoot to kill.

As it should be ^.

I absolutely wouldn't condone shooting first, but certainly if he threatened you I'd have no problem with a show of force and an eventual trigger pull if it was warranted. I have little sympathy for people who participate in completely avoidable stupidity.

 

[alkemyst]

I am calling bullshit on any LEO saying the person would have been OK shooting a 17 year old for stealing an unsecured bike off their property.

My thoughts is if that kid died (yes, they are legally a 'kid' still) they'd be in for a world of legal proceedings that would be far costlier than any POS bike.

The kid is looking at being back on the street with at most community service tacked on to probation.

 

[MrColin]

You might have been able to get some money out of them though. $500, and you don't press charges. Give them 20 minutes to come up with cash. That's probably a good amount for the PITA they caused.

That's considered extortion under the law when it concerns a criminal complaint (vs a civil complaint). You can however threaten everything but a criminal complaint and hint that a criminal investigation might occur in such a demand, so long as evidence of such is inadmissible as hearsay.

 

[chin311]

I am calling bullshit on any LEO saying the person would have been OK shooting a 17 year old for stealing an unsecured bike off their property.

My thoughts is if that kid died (yes, they are legally a 'kid' still) they'd be in for a world of legal proceedings that would be far costlier than any POS bike.

The kid is looking at being back on the street with at most community service tacked on to probation.

Oh yeah I forgot you were standing there! He said shoot if necessary, didn't say do it without hesitation. At that time it was unknown how old or who the person responsible was.

Wasn't about the bike, it was the act. If you enter my home and steal a paper plate you are in the wrong and can be shot.

 

[SAWYER]

Bottom line dont be a douchebag criminal and put yourself in situations where you could be shot. Pretty simple really

 

[Patranus]

Bottom line dont be a douchebag criminal and put yourself in situations where you could be shot. Pretty simple really

Sounds like a recent news story.......can't quite put my finger on it........

 

[CZroe]

Why is everyone so sure that the parents "lied?" The op says that the mother told the officer that the kids had been sharing it for the past few weeks, but that's probably because that's what she was told.

If your kid showed up with some strange bike and you asked how he/she obtained it and they told you something similar and then the police said it was stolen, wouldn't you tell the police what you were told? Hell, she might have even prefaced it with "Well, this is what I was told" for all we know. It doesn't even contradict that it was originally stolen. It's all in HOW she told him. As long as she didn't insist it was anything more than her son's explanation or say that she witnessed it being passed around for weeks, she didn't lie and probably didn't even deceive. She just told what she thought she knew.

...all the idiot had to do was buy a $2 can of spray paint and I'd have never known...there was no way at 50+ I'm gonna catch a wiry 17yr old...

Most retailers require you to be 18 or 21 or older with proof before they will sell it to you.

 

[mizzou]

Oh yeah I forgot you were standing there! He said shoot if necessary, didn't say do it without hesitation. At that time it was unknown how old or who the person responsible was.

Wasn't about the bike, it was the act. If you enter my home and steal a paper plate you are in the wrong and can be shot.

Someone trespassing into your yard is totally different then someone forcefully entering your home.

An open carport will be looked at differently then an attached and enclosed garage.

You do have a legal right to defend your "castle" when it is unlawfully entered upon. The question for you is, can you shoot someone under the awning of your front castle gate.

 

[Puppies04]

Your not allowed to use deadly force like that for a simple trespass, if said person is attempting to break into the domicile though it's game on.

If I am the only one able to talk after this imaginary altercation then I guarantee you they were attempting to break into the domicile.

 

[poofyhairguy]

I am calling bullshit on any LEO saying the person would have been OK shooting a 17 year old for stealing an unsecured bike off their property.

My thoughts is if that kid died (yes, they are legally a 'kid' still) they'd be in for a world of legal proceedings that would be far costlier than any POS bike.

Not here in Texas thanks to the Castle Doctrine. Probably wouldn't prosecute me.

In fact, that is where environment and local culture matter.

Personally I would have let him off, but only after I made some loud announcement that all can hear like "He is lucky I didn't see him, I shoot people that come on my property to steal." And here in Texas the law officer/sheriff would say "Yup, he is lucky he didn't get shot."

Then I rely on the fear of a punishment that doesn't fit the crime to be a deterrent.

 

[poofyhairguy]

You do have a legal right to defend your "castle" when it is unlawfully entered upon. The question for you is, can you shoot someone under the awning of your front castle gate.

Depends on where you live. I can, Floridians can.

 

[mizzou]

Not here in Texas thanks to the Castle Doctrine. Probably wouldn't prosecute me.

In fact, that is where environment and local culture matter.

Personally I would have let him off, but only after I made some loud announcement that all can hear like "He is lucky I didn't see him, I shoot people that come on my property to steal." And here in Texas the law officer/sheriff would say "Yup, he is lucky he didn't get shot."

Then I rely on the fear of a punishment that doesn't fit the crime to be a deterrent.

your state may say thats ok, but once your case gets to federal court you will lose.

civilians are not allowed, per federal law, to use deadly force in face of a trespass/stealing

 

[poofyhairguy]

your state may say thats ok, but once your case gets to federal court you will lose.

civilians are not allowed, per federal law, to use deadly force in face of a trespass/stealing

Give me one example of a Texan that got prosecuted by this federal law.

 

[Scarpozzi]

I keep thinking of little mac training for some reason.

 

[alkemyst]

Oh yeah I forgot you were standing there! He said shoot if necessary, didn't say do it without hesitation. At that time it was unknown how old or who the person responsible was.

Wasn't about the bike, it was the act. If you enter my home and steal a paper plate you are in the wrong and can be shot.

You really don't have any understanding of the law on that.

There still has to be a component of reasonable fear / risk and that you aren't considered baiting someone.

You shooting a kid for stealing an unsecured bike in an open area of your property could easily be construed as just that.

I have no problem shooting, stabbing, using OC spray against someone that puts me at risk. If I am an idiot and leaves valuables outside that kids may be enticed to steal, then that is my problem.

 

[alkemyst]

Give me one example of a Texan that got prosecuted by this federal law.

Not news worthy. You'd have to dig into the court records.

This is the law

Section 9.42 of the Texas Penal Code, a landowner can shoot at or use other deadly force against a trespasser if the landowner reasonably believes the land or property cannot be protected or recovered by any other means, or that the landowner himself would be exposed to substantial risk of death or serious bodily injury if the landowner does not use deadly force. A landowner can also shoot at or use other deadly force against a trespasser if the force is immediately necessary to prevent the trespasser's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime or criminal mischief during the nighttime; or to prevent the trespasser who is fleeing immediately after committing one of those acts from escaping with the property. "Criminal mischief" includes "knowingly or intentionally damaging or destroying, tampering with or marking, inscribing slogans, drawing or painting on tangible property " of the property owner.

A write up on some caveats:
http://equinelaw.alisonrowe.com/200...ow-to-deal-with-trespassers-on-your-property/

 

[chin311]

You really don't have any understanding of the law on that.

There still has to be a component of reasonable fear / risk and that you aren't considered baiting someone.

You shooting a kid for stealing an unsecured bike in an open area of your property could easily be construed as just that.

I have no problem shooting, stabbing, using OC spray against someone that puts me at risk. If I am an idiot and leaves valuables outside that kids may be enticed to steal, then that is my problem.

Oh yeah you are right, I'm the idiot who caused the crime. It's my fault I left a bicycle on my property and some worthless twirp thought it was a free bicycle giveaway? wrong. I didn't leave it by the curb next to the trash...

Troll on....

 

[poofyhairguy]

Not news worthy.

Castle Doctrine is sacred here. If the feds tried to override it there would be plenty of coverage at least statewide. ESPECIALLY when Obama is president and it could be blamed on him politically.

 

[Brigandier]

Only a thug would shoot someone over a bike.

 

[mikeymikec]

The cop said I had every right to shoot if I caught him in the act. It's under the roof so it's considered my home. Would I have shot? Hard to say. I haven't seen the kid but if I felt threatened he said, shoot to kill.

Should the Mad Max series be used as an informative introduction to America for immigrants? We are talking about a teenager who stole a bicycle here.

AMERICA: WHERE ANGRY PEOPLE LIVE
Note to girl scouts selling cookies: Wear kevlar.

 

[poofyhairguy]

Only a thug would shoot someone over a bike.

You don't actually shoot him. You just scare him enough that there is some emotional scarring to prevent such actions in the future. Peeing of the pants is the level I am thinking.

 

[bigpimpatl]

Only a thug would shoot someone over a bike.

clearly you haven't seen The Bicycle Thief.

 

[chin311]

Should the Mad Max series be used as an informative introduction to America for immigrants? We are talking about a teenager who stole a bicycle here.

AMERICA: WHERE ANGRY PEOPLE LIVE
Note to girl scouts selling cookies: Wear kevlar.

Sounds good to me. I don't recall a knock and request to take my belongings....

Damn right I'm angry, sorry I don't roll over and take it.

You don't actually shoot him. You just scare him enough that there is some emotional scarring to prevent such actions in the future. Peeing of the pants is the level I am thinking.

This is pretty much it.

 

[cmdrdredd]

Happened to me a few years ago. I ride BMX and have an expensive race bike ($2700) and a street bike. Kids hopped the fence and went into my shed and took them. Then stashed them at an empty house a couple doors down. Call the police to do a report. Later on while the officer is still at my house some kids in the neighborhood tell me they beat up some kids who stole their bike a few days ago. Turns out they found the bike at the abandoned house a couple doors down. So the officer asks them for the address and we take a ride. Kid points out the house and the kid who stole the other bike sitting in the garage. Kid's mom comes out and then realizes they have bikes, scooters, gopeds, computers, and yard tools in the garage that she never saw before. Officer calls a detective out to the abandoned house and sure nuff, my bikes are in there. He takes pictures, prints etc. Then the kid admits to breaking into sheds and garages and taking stuff his older friend could pawn up the street for him. Who knows how many people he ripped off.

Then some years later our house was broken into and $12,000 worth of jewelry (some of it antique and rare) is stolen. Never recovered. Insurance pays almost nothing because of course we don't have pictures of everything being worn. Some of it was passed down in the family for 80years and we never put it on at all.

Now we have cameras everywhere lol. Never again.