Reminder: Washington is not Texas

[Bean Counter]

Washington Cops Seek Charges for Teen Who Shot Fleeing Burglar: Investigators with the Yakima County Sheriff’s Office say they will seek assault charges against a man who shot a suspected car prowler in the leg in Terrace Heights on July 6. Investigators found information suggesting that the shooting was not justified, according to a news release issued late Wednesday by the sheriff’s office. While deputies can recommend charges, a decision on filing charges rests with the Yakima County Prosecuting Attorney’s Office. Authorities said the incident began when an 18-year-old man, who was house-sitting in the 300 block of Santa Roza Drive, discovered two males trying to break into his vehicle in the driveway. He retrieved a rifle from the home and confronted the two males, who were in his vehicle, deputies said. Deputies said both males tried to run away while carrying items stolen from the vehicle. The 18-year-old man fired at them, hitting one in the lower left leg. He then returned to the house, called 911, and waited with the wounded male for deputies and an ambulance to respond, deputies said...

http://www.yakimaherald.com/news/yhr/thursday/2343412-8/investigators-charge-man-who-shot-car-prowler

[pianoman9701]

He made a mistake in talking to the police. Why do people insist on incriminating themselves? You can't shoot someone who's running away, even in TX. Had he acquired an attorney, I'm sure that it would have turned out that he was shooting at one perp who was facing him off and missed, striking the second one. It's too bad that criminals have more rights than victims.

[rover758]

My son is a copy in Oklahoma.  He tells me he gets drilled all the time at stand-up that you can't shoot a fleeing perp.  So the guys fires one round at him and then starts to run; my son tackles him; cuffs him; stuffs him and is now facing a law suit for excessive use of force.  I agree with pianoman ... I missed the guy I was shoot at and hit the other one.

[h20hunter]

He made a few mistakes. Talking to the police instead of being represented by a lawyer is one. Another is shooting at someone running away. If he would have been a better shot he would be up for murder. Like the OP title says, this ain't Texas.

[Bean Counter]

Meanwhile, in Texas...
(Newser)  – A Texas grand jury’s decision to take no action against Joe Horn, who killed two burglars on his front lawn, has focused attention on the state’s “deadly force” laws, the Houston Chronicle reports. Horn’s life was not in danger until he confronted the thieves fleeing his neighbor’s house, but his actions were legally protected by a statute dating from the 1850s.

That statute justifies the use of deadly force if the shooter “reasonably believes” it’s necessary to stop the theft—a stance opponents see as a catch-all vigilante loophole. Horn also brought attention, by incorrectly citing it in his defense, to the newly enacted “castle doctrine,” which also would have cleared him of all culpability—if it had been his own house, not his neighbor’s


http://www.newser.com/story/31381/no-charges-for-texas-man-who-shot-neighbors-burglars.html

[Bean Counter]

[stromdiddily]

How about...quit stealing stuff and your butt won't get shot? Seems fair to me 

[snowpack]

He made a mistake in talking to the police. Why do people insist on incriminating themselves? You can't shoot someone who's running away, even in TX. Had he acquired an attorney, I'm sure that it would have turned out that he was shooting at one perp who was facing him off and missed, striking the second one. It's too bad that criminals have more rights than victims.

In Texas you can shoot them while they are running away depending on if they have any of your property and what kind.  My neighbor told me about a guy down there that came home from hunting and when he pulled into his driveway a group of illegals were running out of his house.  He shot them and the cops said it was okay because they had stolen his shoes, and Texas has a law that goes back to the 1850s regarding stealing another man's mode of transport.  The law was about stealing a horse and boots and leaving people in the desert to certain death back then.  But it has been upheld many times for repo men being chased down and killed while suspected of being vehicle thieves.

[CP]

Repeat after me:

"I feared that the thieves were armed and intended to commit great personal injury to myself and I was in imminent danger.”

[Bean Counter]

"My name is __________. Here is my concealed pistol license... I want to speak to an attorney." 

[pianoman9701]

Repeat after me:

"I feared that the thieves were armed and intended to commit great personal injury to myself and I was in imminent danger.”

As they were running away? No, "I wish to speak with an attorney before making any statement." It's the only thing you should say, ever.

[DIYARCHERYJUNKIE]

 

[bhawley76]

  freeze. now the tax paying good guy gets locked up. I just wish he would have hit him in the nuts instead of the leg. Now it's time to fill up the courts with taxpayer money because some dush got shot stealing. I guess he should have just gone out and asked the man to kindly to please stop taking his stuff.

[Badhabit]

I saw a segment of a show that had Alob (CA gun and self defense expert) on it and he went over what to say when you are involved in a shooting.
Something like lay your weapon down, raise your hands above your head say you were the victim of a crime and you will be happy to cooperate with the investigation after you have consulted an atty.

[washelkhunter]

Best to never ever voluntarily give answers to a beat cop in a criminal investigation. Shutup and lawyer up.