Mesquite TX - Homeowner jailed for firing warning shot

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JP171
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#16

Post by JP171 »

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

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Re: Mesquite TX - Homeowner jailed for firing warning shot

#17

Post by philip964 »

A neighbor a couple of streets over, last year his wife was followed home at night. She pushed the automatic door closer and went inside without locking door from the garage to the kitchen. Two men went in under the door as it was closing and found her purse on the kitchen counter. She came back to that area and saw the men inside. She screamed for her husband. They quickly left. The husband comes out with his pistol and runs outside and see some shadows running off down the street.

He unloads his gun at the shadows far off. He then calls the police to report it.

He tells the police what he did and they said. "you didn't say that, it is not going in our report, don't ever mention it again."

None of the neighbors on that street are very pleased. We all wonder where the slugs ended up.

Rule number 4. "Identify your target, and what is behind it. Never shoot at anything that you have not positively identified"

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knotquiteawake
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#18

Post by knotquiteawake »

Good cops that use discretion, love it.
philip964 wrote:A neighbor a couple of streets over, last year his wife was followed home at night. She pushed the automatic door closer and went inside without locking door from the garage to the kitchen. Two men went in under the door as it was closing and found her purse on the kitchen counter. She came back to that area and saw the men inside. She screamed for her husband. They quickly left. The husband comes out with his pistol and runs outside and see some shadows running off down the street.

He unloads his gun at the shadows far off. He then calls the police to report it.

He tells the police what he did and they said. "you didn't say that, it is not going in our report, don't ever mention it again."

None of the neighbors on that street are very pleased. We all wonder where the slugs ended up.

Rule number 4. "Identify your target, and what is behind it. Never shoot at anything that you have not positively identified"

barstoolguru
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#19

Post by barstoolguru »

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 ….
Some parents say it is toy guns that make boys warlike. But give a boy a rubber duck and he will seize its neck like the butt of a pistol and shout "Bang!"......George Will

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Re: Mesquite TX - Homeowner jailed for firing warning shot

#20

Post by steveincowtown »

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.
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#21

Post by barstoolguru »

Nor I; lying to the cops is bad...right? The cops would never lie to any of us... right? Yea right. If a tree falls in the forest and no one is around to hear it fall; does it make a noise? It might but there is no one that can stand up in court and say they heard it
Some parents say it is toy guns that make boys warlike. But give a boy a rubber duck and he will seize its neck like the butt of a pistol and shout "Bang!"......George Will
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sjfcontrol
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#22

Post by sjfcontrol »

I wonder if he actually fired into the ground, or into the air. They said they found the shell casing, but didn't say anything about finding torn-up turf, or a hole in the ground. I doubt that much will come of this if the round actually went into the ground, however, they might want to make an issue of it if fired into the air. That round would have to come down somewhere.

In any case, it's a class B misdemeanor, punishable by a maximum fine of $2000, max jail term of 180 days (Yikes! 6 months), or both.

And it is not a good idea to lie to police. You never know what somebody may have seen or heard, including the miscreants that were causing the problems in the first place -- they'd be witnesses, too. Keeping quiet is one thing, lying is a whole different animal. (My understanding is that It is NOT illegal for the police to lie to a suspect.)
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#23

Post by C-dub »

While not the brightest bulb on the tree, he thought what he did was legal. When you think you did the right thing or that you didn't do anything wrong it can be a difficult concept to clam up with the police.
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#24

Post by jmra »

sjfcontrol wrote:I wonder if he actually fired into the ground, or into the air. They said they found the shell casing, but didn't say anything about finding torn-up turf, or a hole in the ground. I doubt that much will come of this if the round actually went into the ground, however, they might want to make an issue of it if fired into the air. That round would have to come down somewhere.

In any case, it's a class B misdemeanor, punishable by a maximum fine of $2000, max jail term of 180 days (Yikes! 6 months), or both.

And it is not a good idea to lie to police. You never know what somebody may have seen or heard, including the miscreants that were causing the problems in the first place -- they'd be witnesses, too. Keeping quiet is one thing, lying is a whole different animal. (My understanding is that It is NOT illegal for the police to lie to a suspect.)
:iagree:

The many years we lived in New Orleans it seemed every New Years or 4th of July there was a report of someone being killed because some idiot somewhere fired a gun pointed to the sky. What goes up must come down. If he actually fired the weapon while it was pointed upward he deserves to get the book thrown at him as this is the perfect example of reckless use of a firearm.
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Jumping Frog
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#25

Post by Jumping Frog »

barstoolguru wrote:
JP171 wrote:
barstoolguru wrote: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 ….
Yeah, that's a great strategy. False statements a crime, but "I didn't think I'd get caught in a lie". Sheez.

This case is a classic example for Ron White: I had the right to remain silent, but not the ability.
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#26

Post by barstoolguru »

Jumping Frog wrote:
barstoolguru wrote:
JP171 wrote:
barstoolguru wrote: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 ….
Yeah, that's a great strategy. False statements a crime, but "I didn't think I'd get caught in a lie". Sheez.

This case is a classic example for Ron White: I had the right to remain silent, but not the ability.

I can tell you never had the joy and the expense of being dragged through the Texas penal system. The endless court dates that are designed to force you into a plea bargain and the expense of a $350 an hour lawyer; No the system is guilty until proven innocent and not the other way around because wither you are found guilty or not the system wins. What started out as a great idea has been bogged down with contradicting laws so the prosecution has a better chance of winning.

you bring up Ron white here is one: I got arrested for public intox one time, I was sitting in a bar and the cops called me out side and then arrested me for it. I told them if they didn't call me out side I would have never been in public!
Some parents say it is toy guns that make boys warlike. But give a boy a rubber duck and he will seize its neck like the butt of a pistol and shout "Bang!"......George Will
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#27

Post by WildBill »

sjfcontrol wrote:My understanding is that It is NOT illegal for the police to lie to a suspect.
It is acceptable practice for police to "deceive" suspects during interogations.
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#28

Post by sjfcontrol »

WildBill wrote:
sjfcontrol wrote:My understanding is that It is NOT illegal for the police to lie to a suspect.
It is acceptable practice for police to "deceive" suspects during interogations.
http://www.criminalattorney.com/news/po ... ie-to-you/" onclick="window.open(this.href);return false;
That WAS my understanding, but I'm not sure about any Texas specifics. Also, not sure where the attorney you linked to practices.
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#29

Post by barstoolguru »

Let’s look at this for a minute... the lawyers lie, the prosecutors lie, the judge lies, the cops lie, the court clerk lies but the only one that that can't lie is the defendant……..Hmmm and we call this justice
Some parents say it is toy guns that make boys warlike. But give a boy a rubber duck and he will seize its neck like the butt of a pistol and shout "Bang!"......George Will
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sjfcontrol
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Re: Mesquite TX - Homeowner jailed for firing warning shot

#30

Post by sjfcontrol »

barstoolguru wrote:Let’s look at this for a minute... the lawyers lie, the prosecutors lie, the judge lies, the cops lie, the court clerk lies but the only one that that can't lie is the defendant……..Hmmm and we call this justice
Feel free to do as you wish -- and be sure to let us know how it works out for you! :cheers2:
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