Purse snatch at Wal-Mart. What would you have done?

[WildBill]

...true...but I'm asking if the theft has to be from the person's person to be a state jail felony, or does theft from their desk, shopping cart, yard, or car count...none of which own the property ...I can't find a definition of "theft from a person"...so far...

This is what I have found

Sec. 31.03. THEFT. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
(4) a state jail felony if:
(A) [amended 9/1/95] the value of the property stolen is $1,500 or more but less than $20,000, or the property is less than 10 head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, or any part thereof under the value of $20,000, or less than 100 head of sheep, swine, or goats or any part thereof under the value of $20,000;
(B) regardless of value, the property is stolen from the person of another or from a human corpse or grave;(C) the property stolen is a firearm, as defined by Section 46.01; or
(D) the value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft;

There's got to be case law on this, but I haven't found it yet.

[speedsix]

...that's all I found, too...and it seems to require that it is taken FROM the person,(or corpse or grave) meaning off of the person...as opposed to being near the person (i.e. in the shopping cart)... "from the person of another" seems to say it must be in their grasp or ON them...which would likely put them in more jeapordy or fear than just stealing it from their shopping cart...
...my question goes back to the OP and does the situation justify display of deadly force...if it is a misdemeanor...I don't think so...if it IS a state jail felony, maybe so, though it's not listed among crimes where deadly force is justified...and it's definitely not a robbery(which IS listed) because it was in the shopping cart...

...Texas theft laws are more detailed and complicated than La. laws, which are the ones I'm familiar with...

[WildBill]

...Texas theft laws are more detailed and complicated than La. laws, which are the ones I'm familiar with...

Yes they are. I hope than an LEO or lawyer can straighten this out.

I guess that Giga answered that one. I am a bit surprised that it's the same crime, felony, to steal something off a dead person.

[gigag04]

No - I was assuming it was on her shoulder. From the cart is mere theft which is unlawfully appropriating the property of another (short version).

However, other charges to consider:
Credit Card abuse
ID theft

Furthermore, if it was a designer purse, with a designer wallet, she had an iPhone in the purse, a laser cut computerized car key, and $200 cash, I think you could easily get past the $1500 threshold for SJF theft.

I think this encounter is best treated the same way we usually answer other similar encounters, where most level headed people will be a good witness, and help the victim. The adage that the CHL is not a batman license holds true. A frequent argument we use to get CHL laws passed is that a CHL enables to average person to protect themselves against a threat to life. When a CHL holder starts pursuing suspects in crimes against property, I feel like a line is crossed.

Now, the second half of this, is that there are some of us out there that would pursue the guy regardless of what licenses we have and do not. I can't change this - nor would I want to. These are the same types of people that will pull over and help when they see a trooper wrestling with some idiot on the side of the interstate. I do, however, feel that the stakes are a bit elevated when intervening in a theft with a gun on your person. That is something that the good samaritan must factor into his decision. For these types of people, I don't believe these is a one size fits all approach - numerous factors should be considered, like how big the offender is, is he alone, how fast is he, how strong does he look, can you see his hands? Then you can make a slightly more informed and "rational" decision. You must consider if the possibility of you dying, and leaving your family behind is worth what you are getting involved over.

[speedsix]

...thanks for the answer to my question, and Amen to your perspective on the rest...most heroes didn't want to be...most wannabees aren't ...there's a fine line and takes some careful walking...I appreciate that there're men who'll step up and help a "lonely" officer...without trying to take over...I know personally two officers who are alive because a common-sensible citizen stepped in...one with a Mace...one with a shotgun...loooooooong before CHLs...

[OldCurlyWolf]

Do what I did in 2007 in Dallas. Be a good witness and pick the "Person" out of a line up array. He used force, he took it directly from the woman, not a cart, but not the type to justify deadly force in return.

I was ready if I had seen a weapon or him trying to run over someone in his escape, but it never left the holster.

I did find out later he had a derringer in his pocket when arrested. Never did find out if it was loaded.

[speedsix]

...thanks, OCW...you hurt him worse than most do...testifying that, point by point, he committed the elements of the crime...a good, factual witness is gold...and more rare...he's to be thanking God he didn't pull his popgun on that occasion...
...at a Kroger near me, there have been several cases where the lady was held up at gunpoint for her purse, car, groceries...it's gettin' bad out there...

[Oldgringo]

Through this six page thread, has the possibilty been raised that the purse snatcher just might have been the woman's husband/SO/live-in, etc. and was just trying to retrieve his stuff that she had lifted? If so, my apologies for missing that post.

[speedsix]

...if so, he'd'a been smarter to get it BEFORE she went in to shop

[TexasFlash]

Through this six page thread, has the possibilty been raised that the purse snatcher just might have been the woman's husband/SO/live-in, etc. and was just trying to retrieve his stuff that she had lifted? If so, my apologies for missing that post.

for real?

[HotLeadSolutions]

Through this six page thread, has the possibilty been raised that the purse snatcher just might have been the woman's husband/SO/live-in, etc. and was just trying to retrieve his stuff that she had lifted? If so, my apologies for missing that post.

Thats a stretch, but I guess anything is possible.

[Oldgringo]

Through this six page thread, has the possibilty been raised that the purse snatcher just might have been the woman's husband/SO/live-in, etc. and was just trying to retrieve his stuff that she had lifted? If so, my apologies for missing that post.

Thats a stretch, but I guess anything is possible.

Yes, anything is possible and not all things are what they seem. Just imagine our caped crusader going to the rescue of the damsel in distress only to be blasted by said damsel for beating up/shooting the love of her life. YIKES!

I think LEO's all pretty much agree that they really dread domestic disturbances because there is no tellin' how they'll turn out?

[speedsix]

...most dangerous call out there ,OldGringo...I've peeled him off her and cuffed him...had her sign the charges...and she's got her busted lip all cleaned up and makeup on, waiting for us at the station to bond him out...go figure...many's the woman who's seen past the pain to realize her paycheck was going to jail...and jumped on the cop's back to save him....

[OldCurlyWolf]

...thanks, OCW...you hurt him worse than most do...testifying that, point by point, he committed the elements of the crime...a good, factual witness is gold...and more rare...he's to be thanking God he didn't pull his popgun on that occasion...
...at a Kroger near me, there have been several cases where the lady was held up at gunpoint for her purse, car, groceries...it's gettin' bad out there...

I was never called to testify. They had him on several charges. One of which was auto theft. They went for the bigger felonies.

I believe he took a plea deal. With consecutive sentences, he could have gotten 50+/- years.

[TxKimberMan]

...most heroes didn't want to be...most wannabees aren't ...

Nicely stated, and very true.