El Paso jury awards $300k to heirs of shot burglar

[Jumping Frog]

Burglar's family awarded $300,000 in wrongful death suit

An El Paso County jury on Friday awarded nearly $300,000 to the daughter of a burglar who was fatally shot in 2009 while breaking into an auto lot.

At first I was thinking, how does a Texas jury award this? Then I realized it was El Paso County COLORADO. A Colorado Springs jury is a different question.

Even so, how does a Colorado Springs jury award $300k to the burglar's heirs?

[C-dub]

Under Colorado’s self-defense laws, the use of deadly force is justified only under the “reasonable belief” that it’s necessary to prevent serious bodily injury or death. The jury found that none of the men had a legitimate claim of self-defense.

I'm sorry, but I don't see how the jury could have found any different under Colorado's law and I'm actually a little surprised it took them 2.5 days. They might have tried to find a way to find them not guilty or liable. It might have been different here in Texas, but even that's iffy since they had him cornered in a shed with the door closed this was a wrongful death civil suit.

I am a little curious about this "Make My Day" law they speak of. It's probably a lot like our Castle Law.

Property rights are not a lawful defense for using deadly force in Colorado, and the state’s so-called Make My Day law, which sets lower standard for using force, applies to households, not businesses.

[C-dub]

Actually, I'm a little bit surprised they weren't charged with a crime under those circumstances.

[Express]

The article says "they had smoked methamphetamine and were looking to steal anything to buy more drugs."

Too bad the other one survived that day. Should've gotten both of them.

[DONT TREAD ON ME]

The article says "they had smoked methamphetamine and were looking to steal anything to buy more drugs."

Too bad the other one survived that day. Should've gotten both of them.

WOW! Really? You are wishing that someone be illegally shot to death?

Is doing drugs illegal? Yes

Were they breaking and entering and planning on stealing items? Yes

Should they be in jail for their crimes? Yes

They posed no threat to the three men that were apparently waiting to shoot anyone that came in.
When the men came out of the building the guys ran away from them. Not at them. I am all for protecting your property but you can't shoot a guy in the back and claim it is self defense.

[Dave2]

[...] you can't shoot a guy in the back and claim it is self defense.

Sure you can. He could be running towards the weapon that he left on the ground, or he could be going for cover before he tries to shoot you. That (I think) is why it's legal to use deadly force against someone who's fleeing with your property at night in TX (at least I think that's legal... I need to re-read our laws... some of the corner cases are starting to fade)

[longtooth]

Lets keep this on topic please. This was a man armed w/ a knife & he was shot through a door.

I hate a thief. This one would have been questionable in Texas.
When the threat stops you have to stop.

[Zergrush]

Even so, how does a Colorado Springs jury award $300k to the burglar's heirs?

Have you ever been to Colorado Springs?

Thank God Texas allows crime victims to use deadly force against a criminal who unlawfully and with force enters the actor's occupied habitation, vehicle, or place of business or employment.

[DONT TREAD ON ME]

[...] you can't shoot a guy in the back and claim it is self defense.

Sure you can. He could be running towards the weapon that he left on the ground, or he could be going for cover before he tries to shoot you. That (I think) is why it's legal to use deadly force against someone who's fleeing with your property at night in TX (at least I think that's legal... I need to re-read our laws... some of the corner cases are starting to fade)

You are reaching a bit on that one. This is not a scenario of a gun fight but of intruders that tried to leave as soon as they were confronted by the owners. They no longer posed a threat to anyone. The guy that was killed was armed but he was hiding in a shed and shot through a door. So, they can't claim that he posed an immediate threat to them. As I stated earlier all they needed to do was watch the shed so he didn't leave and call the police.

I hate thieves, burglars, and every other kind of BG out there as much as the next honest guy but their are laws regarding the use of deadly force and as law abiding citizens we have to follow them.


As for shooting someone at night that is fleeing with your property you forgot one key element

§ 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.

[flb_78]

The jury settled on $269,500 on a basis of what the deceased would have made in his lifetime.

The deceased should of been robbing richer people unless they were deducting the amount he would have smoked dope with.

[Zergrush]

The jury settled on $269,500 on a basis of what the deceased would have made in his lifetime.

The deceased should of been robbing richer people unless they were deducting the amount he would have smoked dope with.

If they included that, maybe the heirs would have owed the burglar's legal immigrant victims.

[Terlingueno]

Have you ever been to Colorado Springs?

I grew up in that city. It is very conservative because of all of the religious organizations headquartered there and military bases. Had this occurred in Boulder on the other hand...

[rp_photo]

At first I was thinking, how does a Texas jury award this? Then I realized it was El Paso County COLORADO.

Thank God and God bless Texas!

[bt1911]

This verdict just shows who will be the appellant and who will be the appellee.

[kjolly]

Lots of differences between Civil and Crimminal cases.