Search found 6 matches

by WildBill
Tue Jul 03, 2012 3:33 pm
Forum: The Crime Blotter
Topic: Clerk Shoots Beer Thief
Replies: 36
Views: 7144

Re: Clerk Shoots Beer Thief

Oldgringo wrote:Was the brand of beer ever revealed? Inquiring minds....
This is a serious discussion going on here. :nono:

I hope it wasn't light beer. :cheers2:
by WildBill
Fri Jun 29, 2012 7:11 pm
Forum: The Crime Blotter
Topic: Clerk Shoots Beer Thief
Replies: 36
Views: 7144

Re: Clerk Shoots Beer Thief

tacticool wrote:
Keith B wrote:And, if you have been before a GJ 3 times, maybe you need to reevaluate your actions?
:thumbs2:

I always shake my head at new members posting a list of their multiple arrests and asking if they're eligible when most people I know have never been cuffed and stuffed. Not even as a scare tactic when they were a teenager.
Diversity. :thumbs2:
by WildBill
Fri Jun 29, 2012 10:08 am
Forum: The Crime Blotter
Topic: Clerk Shoots Beer Thief
Replies: 36
Views: 7144

Re: Clerk Shoots Beer Thief

thenick_ttu wrote:
WildBill wrote:I would bet that most of the forum members would think differently about their stock F-150. ;-)
I completely agree... I was just caught off guard with this whole scenario. I've been operating under an incorrect logic this whole time. I'm glad that I now understand what the law actually says. Not that I would automatically shoot someone for stealing my vehicle but its nice to know that I can indeed defend my property if needed. :tiphat:
INAL - remember that there are different laws for certain crimes committed at night versus daytime hours.
by WildBill
Fri Jun 29, 2012 9:27 am
Forum: The Crime Blotter
Topic: Clerk Shoots Beer Thief
Replies: 36
Views: 7144

Re: Clerk Shoots Beer Thief

thenick_ttu wrote:
Keith B wrote:It means THAT specific piece of proeprty cannot be recovered. Doesn't say replaced. Now, protected may mena insurance, as it is covered, but not sure there is case law on that.

My statement to people on this is, is the property they are taking worth the amount you will need to spend with a lawyer while waiting for the Grand Jury to decide if it was justifiable or not? Televisions, stereos, some vehicles, etc, and especially beer are not worth it IMO.
I definitely learned something here. I always thought this meant that it would be bad news for the CHL if the property could be replaced with a substitute, even though it may not be the exact item that was taken. I specifically remember my instructor saying that if someone is stealing your car and it just a common vehicle (not a classic collector's car, etc) then you wouldn't be justified since my stock F-150 could be replaced with another stock F-150... maybe I just misunderstood what he was trying to convey.

So in this case, let's assume the store does not have insurance (unlikely, I know)... So you think he would be justified since this specific beer cannot be recovered?
Your CHL instructor was giving his opinion about what he would do, not the law. Insurance has nothing to do with justification. I would bet that most of the forum members would think differently about their stock F-150. ;-)
by WildBill
Fri Jun 29, 2012 9:07 am
Forum: The Crime Blotter
Topic: Clerk Shoots Beer Thief
Replies: 36
Views: 7144

Re: Clerk Shoots Beer Thief

From the law that Crossfire posted justification for shooting could be that the clerk reasonably believed:

1) if he didn't shoot the beer thief he could not recover the property because the thief would drink the beer.

2) if he tried to go after the thief to retreive the beer, the thief could have assaulted him.
by WildBill
Fri Jun 29, 2012 8:46 am
Forum: The Crime Blotter
Topic: Clerk Shoots Beer Thief
Replies: 36
Views: 7144

Re: Clerk Shoots Beer Thief

Teamless wrote:http://www.click2houston.com/news/PD-Cl ... index.html
Officials said a man went into the store at 3033 Elgin on Friday at 1 a.m., grabbed the beer and walked out. The clerk then pulled his gun and shot the man as he walked away, police said.
It does not sound to me to be a deadly force situation, and while the clerk was not arrested, I would think he would be arrested, unless it comes out that there were extenuating circumstances.
One of the reader comments posted on the story pointed out that this was "theft at night". IMO, the clerk will be extremely lucky if he doesn't get indicted for this.

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