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Subject: 24-year-old burglar beaten by 'victim' - elderly retired boxer rss

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He should have picked on someone his own age.


http://www.nydailynews.com/news/us_world/2009/06/30/2009-06-...

The cops must have been laughing their ass off when they picked this guy up.
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Christychan
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Sadly, in the U.S. the burglar would have sued to homeowner and probably won a cushy settlement to spend when he got out of prison for robbery!
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Prismcat wrote:
Sadly, in the U.S. the burglar would have sued to homeowner and probably won a cushy settlement to spend when he got out of prison for robbery!


Move to Texas. It all depends which way the body falls. If they fall in such a way that they are entering your house, you are golden. If they fall away -- well shooting them int he back is dishonest. ninjadevil
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Amy Wiles
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Prismcat wrote:
Sadly, in the U.S. the burglar would have sued to homeowner and probably won a cushy settlement to spend when he got out of prison for robbery!

Not in Texas. You can kill someone if you think they're breaking into your home.

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Welcome to Texas.

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Josh Jennings
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IANAL, however I think that there's very little chance that he would win a suit in the US either. In most states (lol Texas*) in order for the burglar to win a civil suit in this case he would have to prove beyond reasonable doubt that the the homeowner used unreasonable force against the burglar.

From the article:

Quote:
A mug shot released by the Thames Valley Police reveals the results after Corti disarmed his [knife wielding] attacker, let loose with two punches to the face and restrained McCalium until the police arrived on the scene.


It is an easy argument to say that Corti thought that his life, as well as the life of his wife, were in danger and used reasonable force to disarm and restrain the burglar.

*In Texas, shooting a burglar is considered reasonable force.
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Reading chit chat when tired is interesting... Lots of fascinating stories like one about a 24-year-old burger being eaten by a victim.
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Christychan
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thermogimp wrote:
IANAL, however I think that there's very little chance that he would win a suit in the US either. In most states (lol Texas*) in order for the burglar to win a civil suit in this case he would have to prove beyond reasonable doubt that the the homeowner used unreasonable force against the burglar.

From the article:

Quote:
A mug shot released by the Thames Valley Police reveals the results after Corti disarmed his [knife wielding] attacker, let loose with two punches to the face and restrained McCalium until the police arrived on the scene.


It is an easy argument to say that Corti thought that his life, as well as the life of his wife, were in danger and used reasonable force to disarm and restrain the burglar.

*In Texas, shooting a burglar is considered reasonable force.



are extension cords unreasonable force? There was a story a while back - maybe 6-7 years ago, in the U.S. a burglar breaks in to a house late at night while the homeowners were sleeping. He trips over some extension cords spread across the floor to the entertainment center in the dark and injures himself. The homeowners wake up and call the police. He is arrested for breaking and entering. He successfully sued the homeowners for his injuries and won a settlement while in jail for having tripped over extension cords that were not properly taped down or covered in the dark while robbing a house.
shake seriously
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Josh Jennings
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Prismcat wrote:

are extension cords unreasonable force? There was a story a while back - maybe 6-7 years ago, in the U.S. a burglar breaks in to a house late at night while the homeowners were sleeping. He trips over some extension cords spread across the floor to the entertainment center in the dark and injures himself. The homeowners wake up and call the police. He is arrested for breaking and entering. He successfully sued the homeowners for his injuries and won a settlement while in jail for having tripped over extension cords that were not properly taped down or covered in the dark while robbing a house.
:shake: seriously


Although I agree that that's ridiculous, it's a different type of case altogether. One involves direct physical force against another person and the other involves negligence on the part of the homeowner. Unfortunately, from my understanding, the law is not concerned with what the burglar was doing in the house in the first place. I'm guessing that the burglar only had to prove that he sustained injuries and that those injuries were caused by the negligence of the homeowner. Also, he probably had a very good lawyer. ;)
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Jorge Montero
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Missouri enacted a 'Texas Law' too: If a burglar comes into your home, you can shoot him without fear of prosecution, even if you end up killing ar crippling him.
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Richard S
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thermogimp wrote:
Prismcat wrote:

are extension cords unreasonable force? There was a story a while back - maybe 6-7 years ago, in the U.S. a burglar breaks in to a house late at night while the homeowners were sleeping. He trips over some extension cords spread across the floor to the entertainment center in the dark and injures himself. The homeowners wake up and call the police. He is arrested for breaking and entering. He successfully sued the homeowners for his injuries and won a settlement while in jail for having tripped over extension cords that were not properly taped down or covered in the dark while robbing a house.
shake seriously


Although I agree that that's ridiculous, it's a different type of case altogether. One involves direct physical force against another person and the other involves negligence on the part of the homeowner. Unfortunately, from my understanding, the law is not concerned with what the burglar was doing in the house in the first place. I'm guessing that the burglar only had to prove that he sustained injuries and that those injuries were caused by the negligence of the homeowner. Also, he probably had a very good lawyer.


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Ken
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Prismcat wrote:
thermogimp wrote:
IANAL, however I think that there's very little chance that he would win a suit in the US either. In most states (lol Texas*) in order for the burglar to win a civil suit in this case he would have to prove beyond reasonable doubt that the the homeowner used unreasonable force against the burglar.

From the article:

Quote:
A mug shot released by the Thames Valley Police reveals the results after Corti disarmed his [knife wielding] attacker, let loose with two punches to the face and restrained McCalium until the police arrived on the scene.


It is an easy argument to say that Corti thought that his life, as well as the life of his wife, were in danger and used reasonable force to disarm and restrain the burglar.

*In Texas, shooting a burglar is considered reasonable force.



are extension cords unreasonable force? There was a story a while back - maybe 6-7 years ago, in the U.S. a burglar breaks in to a house late at night while the homeowners were sleeping. He trips over some extension cords spread across the floor to the entertainment center in the dark and injures himself. The homeowners wake up and call the police. He is arrested for breaking and entering. He successfully sued the homeowners for his injuries and won a settlement while in jail for having tripped over extension cords that were not properly taped down or covered in the dark while robbing a house.
shake seriously


Sounds like web-myth to me.
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chiddler wrote:
Agreed - if anyone can present real evidence that this ever happened I'll eat my socks

Sht. I was one post away from closing this thread and forget the whole thing. You made me google internet for another 5 minutes!
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Tomasz Miller
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In Poland we have very similar problem, but we don't need to be sued by agressor... prosecutor and/with police will make it themselves.

100% true stories:

1. Burglar whas shoot in back when he was running from mans property (he wasn't danger for man in this very moment) - that's why owner of the property is in jail till now.

2. Some well trained old man beat 2 guys (agressors) to protect as i remember woman on the street.
Of course he also spend some time in jail..... normal.

BEST PART - we have such a stories every month.
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Tommy_M wrote:
In Poland we have very similar problem, but we don't need to be sued by agressor... prosecutor and/with police will make it themselves.

100% true stories:

1. Burglar whas shoot in back when he was running from mans property (he wasn't danger for man in this very moment) - that's why owner of the property is in jail till now.

2. Some well trained old man beat 2 guys (agressors) to protect as i remember woman on the street.
Of course he also spend some time in jail..... normal.

BEST PART - we have such a stories every month.



That's messed up... Why would anyone let someone attack another person when they know that they can do something about it? Oh yes, for fear of prosecution.

Oh, hello terrible man that I don't know who is wielding a weapon in an attempt to rob me or do umpteen other terrible things to me or my family. Why go on ahead and take whatever you want! While your at it, rape my wife! Don't worry we won't defend ourselves for fear of being prosecuted!

Ridiculous! I AM going to shoot the person who breaks into my home. And yes, hopefully I will maim or kill them! That is the intent!

There, got that off my chest.
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