Mesquite TX - Homeowner jailed for firing warning shot

[knotquiteawake]

He might have been better off saying he "missed". I don't think I totally agree with the law regarding jailing this guy for firing a warning shot into the ground on his own property. Had he waited for whoever to come in then he might have had to kill someone (a kid? a older person? who knows). Had he waited for police to show up his stuff might have been gone. Also, he wasn't the first one to call 911...

MESQUITE, Texas -
A Mesquite man was arrested and hauled off to jail for firing a shot into the ground of his own backyard. He says he was simply protecting his wife and property, but police called his actions reckless.

http://www.myfoxdfw.com/story/18661404/ ... rning-shot" onclick="window.open(this.href);return false;

[Rex B]

Interesting that the Mesquite PD website allows electronic communication, but only for officer commendations.
I guess if you don't have anything nice to say, they don't want to hear from you.

[Glock 23]

Well, at least they arrested someone.

Cant come back empty handed

[knotquiteawake]

I didn't listen to the video of the article but apparently from the comments below the homeowner had numerous warrents out on him. So there might be more to this than the basic article says.

[v-rog]

According to the news report last night, the 'criminals' were leaving the homeowner's grounds when he shot the "warning shot" in the ground. The police said that he was careless.

[surprise_i'm_armed]

I didn't listen to the video of the article but apparently from the comments below the homeowner had numerous warrents out on him. So there might be more to this than the basic article says.

IIRC, the Richardson, Texas PD had traffic warrantS on him. Richardson is about 19 miles from Mesquite.

SIA

[steveincowtown]

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.

[barstoolguru]

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

[steveincowtown]

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.

[RottenApple]

#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

The cop is not the judge & jury. A police officer's conclusions are meaningless except in the immediate instance (i.e. - you might take a ride). Talking to a cop is a guaranteed ticket to self-incrimination of something. The best thing to do (as any reasonably competent lawyer will tell you) is refuse to speak and request your attorney.

[barstoolguru]

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!

[steveincowtown]

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.

[bizarrenormality]

For someone not talking to cops, the "not saying!" guy sure is talking a lot.

[barstoolguru]

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

[steveincowtown]

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.