Dead burglar's family awarded $300k in damages

[villanelle]

I concealed carry. I have a bedside gun.

Still, I don't think that I'd set up an armed stakeout to protect my place from thieves. I'd let cops do that. And if I were to be in the position to want to hire security to protect my place, pretty sure I wouldn't have them hole up and ambush anyone with guns. That reeks of a desire for vengeance, not deterrrence.

If they wanted to stop the crime enough to be out at all hours with guns and a security detail, maybe they should have had that detail walk around and make rounds.

I have a tough time justifying the shoot, based on the facts as given. If a guy is fleeing or hiding and not shooting at me, I'm probably just gonna call the cops and try to pin him down.

Similarly, I have a tough time agreeing with anyone who says that a tweaker engaged in at least 3 illegal acts is entitled to any sort of remuneration for injuries sustained.

This is pretty much the bench I'm sitting on.

I can see why the jury awarded damages. It seems pretty clear to me that the shooters were in the wrong, and I suppose by finding them at fault, they make a statement about vigilantism. Letting them walk away scot free probably seemed too much like condoning their actions.

It cases like this where I think the $1 settlement is not a bad idea. You acknowledge fault, while simultaneously not rewarding bad behavior.

 

[MasterBates]

Had to spend $$$$$ I did not have as a college student to fight. Won on technicality.

Cost $10000

Sent from my PC36100 using Tapatalk

 

[PropStop]

Had to spend $$$$$ I did not have as a college student to fight. Won on technicality.

Cost $10000

wow. I'd really love to know how that lawyer pulled off even getting the case before the judge! Unreal man...unreal...

 

[phrogdriver]

Should the tweaker's family get rich off this? No.

Should the shooter get off scott-free? No again.

Auto theft is not a death-penalty crime for a reason. How about if this case was about a homeowner pissed that teenagers were sneaking in to use his pool? They're committing crimes, too. Does trespassing rise to the level that demands vigilante justice? How about capping those pesky kids who keep stepping on my lawn? Maybe that asshole whose dog crapped on my property has it coming, too.

Point is, where's the line? Unless the criminal just killed or seriously injured someone, or obviously was about to, it's hard to defend killing him. Certainly on a legal basis, and probably not on a moral one, either.

 

[PropAddict]

More extreme version of when some assholes stole my dirtbike, crashed it then sued me.

Had to spend $$$$$ I did not have as a college student to fight. Won on technicality.

Cost $10000

I'm starting to think you bring this on yourself. I mean, either you have the worst luck on earth, or you have a disease like that guy in Memento and you intentionally fuck up your life, forget about doing it, and spend the next few months unfucking it. Then repeat the cycle.

 

[Rocketman]

Should the tweaker's family get rich off this? No.

Should the shooter get off scott-free? No again.

Auto theft is not a death-penalty crime for a reason. How about if this case was about a homeowner pissed that teenagers were sneaking in to use his pool? They're committing crimes, too. Does trespassing rise to the level that demands vigilante justice? How about capping those pesky kids who keep stepping on my lawn? Maybe that asshole whose dog crapped on my property has it coming, too.

Point is, where's the line? Unless the criminal just killed or seriously injured someone, or obviously was about to, it's hard to defend killing him. Certainly on a legal basis, and probably not on a moral one, either.

Yup that's exactly the point. The line is where the law in your state says it is. This is why everyone needs to know the local law when it come to using deadly force. It takes all the emotion and much of the uncertainty out of the decision to pull the trigger.

In Texas I believe (but am not sure) that trespass can indeed rise to the level that allows deadly force. Not only that but if you aren't charged with a crime in the use of deadly force, the perp and the perps family can't sue you. In NC neither of those statements is true. (Some of that will change 12/1/11)

For me personally the bottom line is this. Even though I may not agree with all of the self defense laws in NC, I've decided to follow them as much as I can. Where the law is grey I've already thought thru how far I'm willing to go outside of the law. I'm willing to go a lot further to defend my life than I am a used car, but that's a personal choice.

I would have wanted the assholes climbing over my fence dead too. That said I hope I would have been smarter about making that happen than these guys were.

 

[yak52driver]

Last Saturday night my son intervened in a robbery at a night deposit box at a bank in Madison. The bad guy got away, but the young lady the bottom feeder was robbing is safe. I've had two people tell me my son should not have done that because the robber could sue him. People want to lay down and not get involved because the criminals have more rights than the victims they hurt. That is what is wrong with this justice system. And for the record, I'm proud my son stepped in.

 

[MasterBates]

I'm starting to think you bring this on yourself. I mean, either you have the worst luck on earth, or you have a disease like that guy in Memento and you intentionally fuck up your life, forget about doing it, and spend the next few months unfucking it. Then repeat the cycle.

It was in a locked CONEX box on my family's farm when it was stolen and I was in Michigan 600 miles away at school.

They got caught with it a year later, and sued me when I had the DA press charges for B&E and GTA.

 

[brownshoe]

How'd this fall out in the end? Did you have any out of pocket costs (other than supreme irritation)?

No, the family of the thief didn’t get anything. My insurance company told them to go ahead and sue (they never did). Luckily I had the car insured for a ‘stated value’ so it was restored by Modifications Unlimited in, Kensington. It was never right though, sold it. You know I don’t even know what happened to the thieves.

Steve

 

[feddoc]

Last Saturday night my son intervened in a robbery at a night deposit box at a bank in Madison. The bad guy got away, but the young lady the bottom feeder was robbing is safe. I've had two people tell me my son should not have done that because the robber could sue him. People want to lay down and not get involved because the criminals have more rights than the victims they hurt. That is what is wrong with this justice system. And for the record, I'm proud my son stepped in.

Your kid done good.

 

[MPH]

It's my understanding of the law that in order for there to be a civil suit, the plaintiff needs to have received damages.

I'm unsure how shooting a meth-head who is so broke he's out stealing cars to support his habit constitutes damages to his daughter. If anything, they saved her a significant monetary disadvantage from daddy getting high, and likely gained her a home in which she'll actually be loved and cared for.

 

[yak52driver]

Your kid done good.

Thanks.

 

[phrogdriver]

It's my understanding of the law that in order for there to be a civil suit, the plaintiff needs to have received damages.

I'm unsure how shooting a meth-head who is so broke he's out stealing cars to support his habit constitutes damages to his daughter. If anything, they saved her a significant monetary disadvantage from daddy getting high, and likely gained her a home in which she'll actually be loved and cared for.

I'm not saying he's a nominee for parent of the year, but there's a big difference between being a messed-up individual and deserving to die for it. Maybe that kid needs to be in foster care until her father gets clean. On the other hand, I bet that little girl is as sad as your kid would be if you were killed.

 

[wplax26]

How do you suppose they came up with $300,000? How many dealerships they could have robbed over the next 20 years?

 

[PropStop]

How do you suppose they came up with $300,000? How many dealerships they could have robbed over the next 20 years?

300K is a pretty successful career of robbing used car lots - I'd say it's a bit high really, but not out of the earnings realm of possibility. Remember, this guy's family still has to buy booze and cigarettes (food is provided by food stamps) and he was the primary bread winner stealer and his contribution to the family will be sorely missed.