CHLer Arrested

[HKMike]

I don't know all the facts, so if I did my opinion may be different. To me, someone running off with my cell phone would not be worth shooting the suspect. I'm indoors, relatively safe when the guy runs off with my phone. I think a description of the BG, possible license plate number, vehicle description, and a call to local police sound better than a ride and attorney fees in this situation. It's just a cell phone! Not that I'm afraid to be evolved if need be, I'm just weighing the options with the little information available. --and Craig's List???? I got a very fair deal on a like new Polaris ATV, but I really had to do my homework and investigation to weed out all the scam artists.

[jmra]

Because life isn't fair?

Still trying to work that one out on LEO vs Public.

Very simple, no matter the subject there will always be someone operating under a different set of rules than you. Example - the coach's kid plays QB even though another kid is better. Or the theater teacher's kid gets the lead role even though they can't act. Adults explain this to children by simply saying "Life isn't fair". Like or not, LEOs operate under a different set of rules than the common man. Thus the "Life isn't fair" comment.

[jbarn]

One more reason to avoid buying off of Craigslist.

You mean one more reason not to engage in private party sales all together?
It was a CL sale in a public place. Sounds reasonable to me. I've bought boats, cars, and a bunch of other items from private parties that I didn't know with cash. How is this any different? (Maybe I'm just an idiot)

Wasn't it NY where the PD fired at someone and hit bystanders? I'm not saying that you shouldn't take your backdrop into consideration, but no one was hurt here, why does the PD get a pass and this guy goes to jail?

What do you mean by getting a pass? Did NYPD shoot at a person fleeing with property?

[TomsTXCHL]

I don't know all the facts, so if I did my opinion may be different. To me, someone running off with my cell phone would not be worth shooting the suspect...

Agreed. He was there to sell the phone, so it was presumably wiped-clean of any valuable personal information. Can't imagine he could ask more than a couple hundred bucks for it?

I should add that I would never shoot at the back of a person who was running away from me.

[Excaliber]

It was at night. He was attempting to recover something that was robbed (robbery, not stolen or burglery right?) from him.

Why was he arrested? ( well I kinda know, but I want to hear it from experts)

Only thing to further add, was that it was an I phone 5, so it could be recovered by other means. But I don't think that's why he was arrested.

He wasn't charged for firing at the robber.

He was charged for placing people in the parking lot and in the home one of his rounds hit in danger.

It may have been a different story if every round he fired had hit the BG.

[03Lightningrocks]

If anyone on this forum believes it was OK for this guy to open fire in that parking lot, I pity you.

[Cjwglock19]

I have never used craigslist, not sure how I would feel about a meet and sale anyway. But, what is the best thing to do? Pursue , get a license plate, and call LE?

[Carzan]

No need to defend yourself from someone running away from you. The gun should have never even been drawn!

[philip964]

No need to defend yourself from someone running away from you. The gun should have never even been drawn!

But experts what is the law in this situation. It was at night. His property was taken.

I realize most, if not all of us would not draw and fire our weapon at a fleeing robber with little chance of hitting the robber, but a big chance of hitting someone else.

Will the arrest stick?

[03Lightningrocks]

No need to defend yourself from someone running away from you. The gun should have never even been drawn!

But experts what is the law in this situation. It was at night. His property was taken.

I realize most, if not all of us would not draw and fire our weapon at a fleeing robber with little chance of hitting the robber, but a big chance of hitting someone else.

Will the arrest stick?

He endangered others with his actions. If there isn't a law forbidding this, I think we need one. This clown kills someone with his stray rounds to protect his cell phone? Again... This is a no brainier. Kwan has proven he does not need to have a gun. He is a danger to us all.

[mojo84]

I think the guy wrecklessly endangered other people by shooting at the guy when and where he did. He may have technically been legal in shooting the guy but the manner in which he did it was wreckless and shows poor judgment on his part. Just because something is legal it doesn't make it right.

[jmra]

I think the guy wrecklessly endangered other people by shooting at the guy when and where he did. He may have technically been legal in shooting the guy but the manner in which he did it was wreckless and shows poor judgment on his part. Just because something is legal it doesn't make it right.

[Keith B]

He was charged with Deadly Conduct. He was just flinging lead toward the person recklessly and the bullet hit the house nearby. The charge will be a third degree felony, and yes, it will more than likely stick.

Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.
(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.
(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

[Cedar Park Dad]

He was charged with Deadly Conduct. He was just flinging lead toward the person recklessly and the bullet hit the house nearby. The charge will be a third degree felony, and yes, it will more than likely stick.

Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.
(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.
(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Good. Its..indviduals...like this that give CHLers a bad name, threaten our rights by their behavior, and way overstep their own rights.

[howdy]

What is one of the 4 golden rules.....know your target and what is beyond your target