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barstoolguru wrote:

JP171 wrote:

barstoolguru wrote:

steveincowtown wrote:

barstoolguru wrote:I can hear it now cop: did you fire a gun?... not saying! was someone breaking in....not saying!...cop: put your hands behind your back..... homeowner: why!.... cop: not saying!
who much did two days in jail and a bail bonds man and a lawyer cost... not saying!

What would of the LEO arrested him for in this scenario? There was no "victim" present to sign a complaint.

He was getting arrested anyway for outstanding tickets but all he had to do say I heard the shot too and came out to see where it came from and it would have been all over with but not saying anything to the cops would be the wrong thing in this case as long as his wife shut her mouth

I think at that point he would have been guilty of falsifying a statement to a police officer, that is a crime here in Texas, hmm just keep your mouth shut, let the cop arrest you for not saying anything. Lawyer up and get a get out of jail free card, go home and file a suit against the PD. No witness, no victim, no blood no foul no legal arrest. if you have outstanding then you shoulda stayed inside and kept your mouth shut and your weapon unfired unless you were in danger of life and limb

there are NO witnesses so who is going to contradict anything he told the cops, he could have told them anything but he chose to tell them the truth and ….

Hey I am all for NOT talking, but outright lying to a cop is not a place I would ever go.

barstoolguru wrote:

steveincowtown wrote:

barstoolguru wrote:I can hear it now cop: did you fire a gun?... not saying! was someone breaking in....not saying!...cop: put your hands behind your back..... homeowner: why!.... cop: not saying!
who much did two days in jail and a bail bonds man and a lawyer cost... not saying!

What would of the LEO arrested him for in this scenario? There was no "victim" present to sign a complaint.

He was getting arrested anyway for outstanding tickets but all he had to do say I heard the shot too and came out to see where it came from and it would have been all over with but not saying anything to the cops would be the wrong thing in this case as long as his wife shut her mouth

Well I think that solves it.

barstoolguru wrote:I can hear it now cop: did you fire a gun?... not saying! was someone breaking in....not saying!...cop: put your hands behind your back..... homeowner: why!.... cop: not saying!
who much did two days in jail and a bail bonds man and a lawyer cost... not saying!

What would of the LEO arrested him for in this scenario? There was no "victim" present to sign a complaint.

barstoolguru wrote:This is a clear case of not knowing the law; did him over react. He should have waited a few seconds and seen what their intention where and then reacted. It could have been kids looking for a friend’s house. Maybe a little pepper spray over the fence might have saved him a night in jail

#3> After not calling 911, volunteering to talk to the police.
sorry, you are asking for more trouble not talking to the cops and letting them come to their own conclusions

This has been beaten to death....I mean debated elsewhere in the forum, but here is a great link if you want to learn about the "upside" of talking to the police. It has a lawyer explain why, then a judge, then a cop, why you should not talk to the police.

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Back to the thread....

What conclusion could the police have made? Since there was not a victim (they didn't call, they ran) and the police were just following up to a reports of a gun fired I think any of the conclusions they could have randomly drawn would have put this man in less of a bind than the information the he provided to him.

The real question is which was the dumber move:

#1> Firing the warning shot.

#2> Not being the first to call 911 (this is textbook).

#3> After not calling 911, volunteering to talk to the police.

Don't get me wrong, I think he is 100% in the wrong for not calling 911; but the choice he made to speak with the Police is ignorant and regrettable. What was the "upside" of him speaking with the police? There was no direct complainant/ "victim", only a phone call from a neighbor.

Dumb.