Standoff with Homeowner

[chasfm11]

http://www.clipsyndicate.com/video/play ... &wpid=1277

I'm confused. I thought burglary was when stuff was taken. Robbery was when they attempted to use a weapon to relieve you of your possessions.

Let's see a show of hands of how many would have not fired when they saw the BG with a gun! Of course, tactically, the HO did it all wrong as far as I can see.

[Keith B]

I'm confused. I thought burglary was when stuff was taken. Robbery was when they attempted to use a weapon to relieve you of your possessions.

Burglary is basically entry of a place to commit a felony, theft or assault. Robbery is forced theft.

Texas has three separate definitions for burglary. Sufficient proof of any one of them is enough to convict a person of burglary. The first definition says burglary is the entering of a building not then open to the public with intent to commit a felony, theft or assault and without the effective consent of the owner. The second defines burglary as remaining concealed in a building with the intent to commit a felony, theft or assault and without the effective consent of the owner. The third definition says burglary is the entering of a building while committing or attempting to commit a felony, theft or assault.

Fro Robbery, there are two types: Plain Robbery and Strong Arm

For the definition of robbery, a person commits an offense if, in
the course of committing theft as defined in Chapter 31 of the Texas Penal Code and with
intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another; or
(2) intentionally or knowingly threatens or places
another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second
degree.


A person commits Aggravated Robbery if they commit robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first
degree.
(c) In this section, "disabled person" means an individual
with a mental, physical, or developmental disability who is
substantially unable to protect himself from harm.

Theft is pretty self explanatory.

[OldCurlyWolf]

I'm confused. I thought burglary was when stuff was taken. Robbery was when they attempted to use a weapon to relieve you of your possessions.

Burglary is basically entry of a place to commit a felony, theft or assault. Robbery is forced theft.

Texas has three separate definitions for burglary. Sufficient proof of any one of them is enough to convict a person of burglary. The first definition says burglary is the entering of a building not then open to the public with intent to commit a felony, theft or assault and without the effective consent of the owner. The second defines burglary as remaining concealed in a building with the intent to commit a felony, theft or assault and without the effective consent of the owner. The third definition says burglary is the entering of a building while committing or attempting to commit a felony, theft or assault.

Fro Robbery, there are two types: Plain Robbery and Strong Arm

For the definition of robbery, a person commits an offense if, in
the course of committing theft as defined in Chapter 31 of the Texas Penal Code and with
intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another; or
(2) intentionally or knowingly threatens or places
another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second
degree.


A person commits Aggravated Robbery if they commit robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or
threatens or places another person in fear of imminent bodily
injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first
degree.
(c) In this section, "disabled person" means an individual
with a mental, physical, or developmental disability who is
substantially unable to protect himself from harm.

Theft is pretty self explanatory.

Under Aggravated robbery it used to also have "or threat of a weapon". Meaning that a weapon only had to be implied to raise the charge from robbery to aggravated robbery.

[Beiruty]

The home owner should just

[Stupid]

The home owner should just

From cover too. Especially he sees them coming, better get a rifle.

[LAYGO]

I'm not sure how you don't shoot in that case. Face to face with a BG with a gun? BANG SIR!

Now, tactically speaking, there are a ton of ways to have done it better. Sit outside & wait for police being one. Charging thru the tarp like that is likely to spook & possible discharge (not accounting for an unloaded weapon).

[Purplehood]

It must just be me. But a tarp in place of a garage door is just an invitation for trouble.

Yes, I realize that it is no excuse for the BG's entering, and I know that there may be an entirely valid reason for the tarp (door destroyed, whatever). But it just bothers me for some reason.

[DONT TREAD ON ME]

It must just be me. But a tarp in place of a garage door is just an invitation for trouble.

Yes, I realize that it is no excuse for the BG's entering, and I know that there may be an entirely valid reason for the tarp (door destroyed, whatever). But it just bothers me for some reason.

It is not just you. I agree that there may be a very valid reason but if my garage door was destroyed I would sure have to have it replaced right away. I would not be able to sleep comfortably otherwise.

I also think that the HO did everything WRONG! I know he is still breathing and everything but he took too many chances and too much was done wrong to list. We all know what he should have done and what he did wrong so...

[The Annoyed Man]

I would have stayed in the house and covered them from a window while someone else called 911. But what I think is remarkable is that the HO didn't shoot the burglar with the gun. If someone is burgling my property and I confront him, and he points a gun at me like that instead of surrendering, I'm going to assume he means to use it and shoot him before he can shoot me. That boy is very lucky to be alive.

[Purplehood]

I would have stayed in the house and covered them from a window while someone else called 911. But what I think is remarkable is that the HO didn't shoot the burglar with the gun. If someone is burgling my property and I confront him, and he points a gun at me like that instead of surrendering, I'm going to assume he means to use it and shoot him before he can shoot me. That boy is very lucky to be alive.

Quite true. I don't think that I would have even dwelled on the issue, having been in a similar situation before. You make a snap decision, "does the BG's action warrant shooting?".
I walked in on a guy burgling my brothers TV in the front-room. He turned around, waved a power cord at me, saw my weapon pointing at him and boogied out the front door. I am sure that he was convinced that I would shoot if he had done anything else.
If he had turned around with a gun in his hand, he may not have finished the motion due to sudden trauma from a .40 caliber round.

The guys in the garage would have been eating lead based on what I saw.

[DONT TREAD ON ME]

I agree with both of you. Had I entered my garage like that and a gun was pointed at me lead would have been sent at him. I am in awe that the guy didn't shoot with a gun pointed at him. He was either too scared or has a TON of self control. IMO he was wrong in waiting. If you wait to react in that situation you may not get the chance to actually react.