A 35-year-old Hispanic male was shot by an elderly hick after the 35-year-old attempted to take what apparently appeared, to him, to be an abandoned John Deere Tractor during the late morning hours on 3100 Cedar Hill Lane.
The redneck in question didn’t bother to stop and look things from the other man’s perspective, to ask himself how it was that this man perceived the tractor to be available for the taking.
Now, as good progressives, we can all admit that we’ve made the occasional mistake in judgement, and this incident should have been no different. A man shouldn’t be shot because of a simple factual error.
How was the victim to know that the tractor wasn’t abandoned? Was there a sign on the fence surrounding it? No.
There was nothing to say that the tractor, parked on a trailer on private property was in any way unavailable and this lack of signage was even further compounded by the fact that the 35-year-old saw no signs prohibiting the use of bolt cutters to open the electrically-actuated gate behind which the tractor was parked.
I think that we can all agree that this idiot gun-owner was just looking for a chance to “shewt himself some brown guys”, especially when the innocent man started to run away after his failure at what the gun-humping criminal will certainly describe as an “attempted burglary”.
When you’re a working criminal, you want to get in, get what you’re after, and get out with a minimum of fuss. That’s why the smart criminals have turned to daytime hours; either campaigning for Hillary or committing their crimes during daylight hours (e.g.: campaigning for Hillary).
All semi-jokes aside, most of the “smarter” burglars have indeed moved their operations to daylight hours, where they are less likely to encounter a homeowner with a gun and an extreme aversion to the informal, involuntary, redistribution of his/her wealth. Of course, in today’s economy and with our increasing retiree population, daylight has become less of a guarantee of safety.
Today’s low-information voter ran afoul of an armed homeowner and Texas Penal Codes 9.41 and 9.42 (Use of Force/Deadly Force to Protect Property). The 35-year-old decided to appropriate to himself an abandoned John Deere tractor. We say abandoned because how else could he justify cutting through a fence to get at a trailered tractor parked on private property?
The homeowner saw someone attempting to deprive him of his lawful property, possibly his livelihood (the story isn’t clear if the tractor was for business or personal use), and moved to confront the assailant.
As the assailant attempted to flee the scene of the burglary, the homeowner opened fire, shooting the suspect twice.
While we are not lawyers, we believe Texas Penal Code is clear on this point. Force is authorized to protect property under PC 9.41(a) and Deadly Force is authorized to prevent the commission of burglary under PC 9.42(2)(A) or to prevent the flight of someone who has just committed one under PC 9.42(2)(B). It is especially clear in this case, as there was apparently a great age disparity between the 35-year-old burglar and the seemingly older (age not listed) homeowner. Any use of force by the homeowner less than his gun would have exposed the homeowner himself to a substantial risk of death or serious bodily harm under PC 9.42(3)(B).
Again, we’re not lawyers, but the fact that this is being handed off to a Grand Jury for the crime of protecting yourself, your property, and preventing the flight of someone who had just committed a felony smacks of unwarranted PC from a mile off as well as a District Attorney who’s too afraid of her electorate to do her job.
The DA should be high-fiving this guy and sponsoring his range membership, not wasting Grand Jury time on such simple matters in an effort to avoid alienating Democratic voters.
Any thinking Democrat should be able to look past the feels and the big, scary, gun and see the underlying justice of the situation: man attempts major felony, man is caught by elderly property owner and attempts to flee, fleeing felon is shot and captured, no-longer-fleeing felon is now behind bars for both current and previous felonies.
Justice is served, property is saved, and nobody got hurt who didn’t have it coming.