Oh oh; "questionable" shooting in Pasadena, TX....

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Wes Janson
Just because an action is legal does not make it moral.
Are you saying the law protecting the shooter is immoral? How would you change it?
And your statement applies against ANY action – including the act of sending this man to a trial.

Warren
50 cents in shotgun shells turns into 1000s of $ in legal bills over a few 100? $ in loot?
Does not add up. A negative expectation play.
This is one of those "be a good witness" situations.
No offense to anyone here but nothing that you own is worth me killing someone over and exposing myself to ruin and prison.
To save YOU yes, to save your gramma's wedding band, or Uncle Bob's medals? Not a frigging chance.
I’ll call you short-sighted on that one. Under current conditions, that may seem to make sense – but those conditions will never change if everyone agrees with you.
You face ruin & prison only if the law is set up that way (which it is, currently, in most jurisdictions.) If people are not willing to challenge such laws, even in the safety of an Internet board, then those who threaten you with ruin & prison have won. Are you advocating giving up that easily?

I’m not 70 yet, but if I get there with a fighting chance to turn 50¢ in shells and a few grand in legal fees into two dead thugs, a lot of frightened thugs, hero status for me, maybe the ability to encourage others to be heroes, and even a national boost to common sense legal clear-headedness, I won’t call it a negative play.
Nobody lives forever; what are people going to remember this guy for?
 
Are you saying the law protecting the shooter is immoral? How would you change it?
It has yet to be shown that what he did was, indeed, within the confines the law. Informed opinion on here from those with much greater understanding than I seems to suggest that his actions were not protected by Texas law.

I’m not 70 yet, but if I get there with a fighting chance to turn 50¢ in shells and a few grand in legal fees into two dead thugs, a lot of frightened thugs, hero status for me, maybe the ability to encourage others to be heroes, and even a national boost to common sense legal clear-headedness, I won’t call it a negative play.
Nobody lives forever; what are people going to remember this guy for?

The real question to ask is, what price do you put on the lives of those two men? If, say, they were stealing the guy's mailbox, is that worthy of death? His TV? His car? At what price point do you suddenly decide that an inanimate object that belongs to someone else you don't even know has more value to you than two men you've never met?

Again, I say, there are those out there who deserve to die. But I for one would not be so quick to decide just who fits the list, let alone enforce that decision. It's not a question of courage or balls but the awareness that the issue isn't one to be dealt with casually.

This whole business about "hero status" really bothers me. Desire to win acclaim from society is never a valid enough reason to end another's life, not even the lowest scum of society. Do it because you have to, not because you want to, or else your bias will always taint your judgement. You're right, no one lives forever..but two men lost whatever time left they had. Maybe they were misguided saints who screwed up just once, and paid for it with their lives. Or maybe they were hardened career criminals-illegal aliens preying off of the lives of hardworking innocent people. Most likely, the truth lies somewhere inbetween. But we'll never know now.

When you decide to kill for the wrong reasons, even if you kill the right people, you're not helping the cause but rather betraying it from inside.
 
Here is the thing...

Its not the man defending his property who puts a price on the lives of the scumbag theifs. If he shot them over $20 or he shot them over $200,000 the thief (by stealing that which was not his) basicly stated "my life could well be forfit for the value of my crimes"
 
The real question to ask is, what price do you put on the lives of those two men?

Those men put priced themselves, friend.

Exactly when did our country become so confused about personal responsibility?
 
Wes J
At what price point do you suddenly decide that an inanimate object that belongs to someone else you don't even know has more value to you than two men you've never met?
When they show a willingness to place me in danger by trying to go through me, despite the fact that I’m armed.

But I for one would not be so quick to decide just who fits the list, let alone enforce that decision. It's not a question of courage or balls but the awareness that the issue isn't one to be dealt with casually.
I would say, THEY get to decide, by their actions against me, whether they are on the list. If they think it’s worth risking their lives (and mine) I’ll take THEIR decision very seriously.

Desire to win acclaim from society is never a valid enough reason to end another's life, not even the lowest scum of society.
Didn’t say it was; the valid reason is the criminal acts in question. Any acclaim is a bonus.

Do it because you have to, not because you want to,
You never HAVE to do anything, except die when your time comes; everything else is what you WANT to do. Unless you’re a robot, any decision you make will be motivated by SOME desire.

… or else your bias will always taint your judgement.
That applies to ANY bias, including yours; while you are waiting to be convinced that you HAVE to shoot, YOUR judgment is just as likely to be tainted in the other direction from mine.

Nothing in life is perfect.
 
A good read on the subject of morality with regard to taking life in the defense of property can be found in Bastiat's "The law"

http://bastiat.org/en/the_law.html

Each of us has a natural right — from God — to defend his person, his liberty, and his property. These are the three basic requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other two. For what are our faculties but the extension of our individuality? And what is property but an extension of our faculties? If every person has the right to defend even by force — his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right — its reason for existing, its lawfulness — is based on individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute. Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force — for the same reason — cannot lawfully be used to destroy the person, liberty, or property of individuals or groups.

Such a perversion of force would be, in both cases, contrary to our premise. Force has been given to us to defend our own individual rights. Who will dare to say that force has been given to us to destroy the equal rights of our brothers? Since no individual acting separately can lawfully use force to destroy the rights of others, does it not logically follow that the same principle also applies to the common force that is nothing more than the organized combination of the individual forces?

If this is true, then nothing can be more evident than this: The law is the organization of the natural right of lawful defense. It is the substitution of a common force for individual forces. And this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties; to maintain the right of each, and to cause justice to reign over us all.

If he was my neighbor I'd buy him a box of shells, take him out to a nice dinner and let him know that I'll be out of town for thanksgiving visiting the folks.

Hopefully there are others who think as I do on the Jury of his peers.
 
glummer said;

I’m not 70 yet, but if I get there with a fighting chance to turn 50¢ in shells and a few grand in legal fees into two dead thugs, a lot of frightened thugs, hero status for me, maybe the ability to encourage others to be heroes, and even a national boost to common sense legal clear-headedness, I won’t call it a negative play.
Nobody lives forever; what are people going to remember this guy for?

50 cents in shells and a few grand in legal fees? Do you have any idea what it will actually cost if he's indicted? Of course maybe to you $60-120K is just a few grand, I don't have any idea of your personal finances.

A lot of frightened thugs? Come on, get real. If you think that burglary statistics dropped suddenly because this guy killed two burglars, then you must have no experience with people who live a criminal lifestyle. No one is going to be scared straight because someone else was shot. They don't think like that. We had two people shot while stealing anhydrous ammonia here a few years back. It was not a legal shooting at all under Illinois law. The business owner shot them in the back as they were running away after he caught them in his storage area. No one was killed, which probably goes a long way to explaining why the business owner wasn't prosecuted. Another reason he wasn't prosecuted was to send a message that it might be dangerous to steal anhydrous. No one heeded that message. Thefts of anhydrous ammonia didn't drop at all.

Hero status? You'd take a life so you could be a hero? How is posting that on a public forum promoting the responsible use of firearms? Tell you what, you sell your guns before you further damage us in our fight to keep our second amendment rights and I'll send you one of my medals or one of my letters of commendation. That way you can satisfy that urge by having the trappings that people who don't know any better associate with being a hero. Real heroism is most often totally unrecognized, medals and letters of commendation and public acclaim are usually handed out for just doing your job.........I wanna be a hero.....:banghead:

A national boost to common sense legal-clear headedness? Are you kidding?

What are people going to remember this guy for? Quite frankly they aren't going to remember him. Once his case is adjudicated he will drop out of the public domain and no one except his family and the families of the men he killed will remember. No schools will speak of him in reverent tone every year on the anniversary of his execution of the criminals. The six o'clock news won't do any of those "5 years ago today" updates on the story. Heck I'd have to go back and re-read the thread to tell you his name.

Jeff
 
well

well jeff: "Come on, get real. If you think that burglary statistics dropped suddenly because this guy killed two burglars, then you must have no experience with people who live a criminal lifestyle."

we know it dropped by what ever these two criminals would have contributed to said "statistics". :neener:
 
If you think that burglary statistics dropped suddenly because this guy killed two burglars, then you must have no experience with people who live a criminal lifestyle.

Interesting thought, but the premise seems to fly in the face of Dr. Lott's work. He evidently believes that potential criminals do take into consideration the risks involved.

This is all over the media here (in a mostly positive light).

There are definitely cultural influences at work here. I hear water cooler conversation from blue haired Texas secretaries lauding this guy, while fellas on the gun board paint him as a racist, hate filled vigilante with a hero complex (All from quotes here).

Serious question for consideration, Jeff: Is it possible your views on this case are colored by your political concerns about how this will play in Illinois?
 
Jeff White
Do you have any idea what it will actually cost if he's indicted?
And what if he’s not indicted?
It’s a gamble. And it might be a gamble worth taking, in the judgment of the person involved.

We had two people shot while stealing anhydrous ammonia here a few years back. It was not a legal shooting at all under Illinois law. The business owner shot them in the back as they were running away after he caught them in his storage area. No one was killed, which probably goes a long way to explaining why the business owner wasn't prosecuted. Another reason he wasn't prosecuted was to send a message that it might be dangerous to steal anhydrous. No one heeded that message. Thefts of anhydrous ammonia didn't drop at all.
Why should they?
The message I’m hearing is that shooting thieves is legally dangerous in your state, and the shooter would be in prison if he’d been unlucky enough to kill them.
If I’m a thief, I don’t find that message very scary at all.
(I imagine the shooter has gotten the message, though.)

You'd take a life so you could be a hero?
I assume you’re addressing someone else, since I never said that.

How is posting that on a public forum promoting the responsible use of firearms?
I suggested that I wouldn’t mind being remembered in the same way heroic cops and soldiers are often remembered, and that’s being irresponsible?
Ah.
Are cops and soldiers then, not responsible firearms users?
Or are civilians categorically denied heroic status by some law?

A national boost to common sense legal-clear headedness? Are you kidding?
Not in the least. I think this case will usefully contrast TX law with, for instance, that of your home state (as cited above.) And I think the number of citizens who will find TX law appealing is rather large.

What are people going to remember this guy for?
Certainly for more than they will remember my postings, so no need to worry on the latter account.

Quite frankly they aren't going to remember him.
A number of posters in this thread are apparently going to remember him. And judging from the national news coverage, a lot of other people will, too. Probably more than will remember you or me.
 
we know it dropped by what ever these two criminals would have contributed to said "statistics". :neener:

That may be true, but Glummer said:
a lot of frightened thugs

These two are dead. They can't be frightened any longer. It's hard to be frightened when you are dead. I can only assume that he was referring to other people who were contemplating burglary.

Thumper said;
Interesting thought, but the premise seems to fly in the face of Dr. Lott's work. He evidently believes that potential criminals do take into consideration the risks involved.

According to the FBI uniform crime report: In 2006, there were an estimated 2,183,746 burglary offenses—an increase of 1.3 percent when compared with 2005 data.

Also according to the FBI: Law enforcement reported 617 justifiable homicides in 2006. Of those, law enforcement officers justifiably killed 376 individuals, and private citizens justifiably killed 241 individuals.

There were somewhere around 2,183,746 burglaries last year, even if we were to lie and say that everyone of the 241 people justifiably killed by private citizens was killed in a burglary attempt (and we know that that isn't true, that many of those justifiable homicides were people defending themselves against armed robbery and other personal attacks), the chances of a burglar being killed by his victim are pretty darned low. the most dangerous part of a burglars job is probably driving to and from work.

Lott was trying to prove a theory and interviewed criminals in a prison setting. Criminals are different when they are incarcerated then they are when they are out on the street. Most burglaries aren't planned out, it's usually a crime of opportunity and most burglars are quite certain they will get away with their crime when they do it. They aren't always smart about it, last winter I tracked one in the snow from the house he burglarized to his back door.

I would say if they think about getting shot, they think about it in the same way you or I think about having a traffic accident when we get behind the wheel. We know it's a possibility, but we don't usually cancel our trip because we deem it too dangerous. I'm sure that many of the criminals who told Lott that they worried about running into an armed citizen didn't want a confrontation with any citizen, even an unarmed one. Which is why most burglaries occur in unoccupied structures.

Serious question for consideration, Jeff: Is it possible your views on this case are colored by your political concerns about how this will play in Illinois?

Nope, because in the part of Illinois I live in, they have never played political correctness games with self defense issues. The current states attorney where I live is a Blagojevich Democrat and toes the party line when it comes to supporting gun control, but he's declined to prosecute a couple self defense cases that I'm sure he could have gotten convictions on under Illinois law. The previous states attorney was also a Democrat, but was pro-gun and he didn't even refer the shooting of the two dirtbags stealing anhydrous to a grand jury. I'm not sure he'd have gotten by with that if one or both had died.

My views on the case are based on Bartholomew Roberts and Click,Click, doh's read because they are probably more familiar with Texas laws (Bart being a law student, and CCD being a peace officer) and how it's applied then any of the laymen who are posting in the thread. In a perfect world the law would be clearly written and it would mean what it says. Unfortunately, we don't live in a perfect world and the actual meaning of a law depends on a couple things:

1. Community standards. There are communities where possession and use of various recreational drugs is pretty much ignored. The laws are on the books, but you'd be hard pressed to find a police officer who would arrest someone for breaking them or a prosecutor who would prosecute if they did make arrests. The last time I was in Key West people openly smoked marijuana in the outdoor cafes and beer gardens. I have a friend who is a Florida officer who told me I'd observe that when I was down there.

There are also community standards in how self defense laws are enforced. I can point out several cases over the years where elderly people in Chicago have used handguns they couldn't legally possess to defend themselves with and no one was prosecuted. Like I said earlier, where I live they look at a persons home as being pretty inviolate. Illinois law doesn't require one to retreat before they use deadly force, not in the home or on the street, but it does require you to be able to articulate you were in fear of imminent danger of death or great bodily harm to yourself or another before you use deadly force. I hardly think fleeing from a burglary puts one in imminent danger of death or great bodily harm, yet I can point again to the anhydrous theft, the business owner, and no he wasn't elderly, shot those two in the back. Yet no charges were filed, the case wasn't even taken to the grand jury to give the prosecutor some cover.

2. Interpretation form the courts. There are rulings made every day that may change the way a law is actually applied. If ClickClick, Doh says that he's seen people prosecuted and convicted regardless of how you or anyone else reads the statute, that's a clue to me, that the court doesn't read it the same way.

Jeff
 
Appeals to Authority aside, I think if you pressed Bart, he'd say this guy ends up walking.

I'm trying hard to find precedent here and I'm having a hard time, even though some folks that should know are assuring me that it's there. Findlaw is letting me down.

It doesn't matter either way.

I'm simply arguing about the letter of the law. 9.42 and 9.43 strike me as remakably plain spoken for statutes. Interpretation is one thing, but there's nothing wrong with my reading comprehension. I believe the penal codes mean exactly what they say.

Edited to add: So as not to paint myself as a naif, I realize that often penal codes are corrupted and twisted. In this case, however, the only standard we have to shoot for is "reasonable doubt." I'd say he has that covered in spades.
 
Risk avoidance

the chances of a burglar being killed by his victim are pretty darned low.
Largely because they avoid occupied premises – but why do they do that if they are not considering risk? Would not purely random impulse lead to many more occupied premises crimes than we actually see?

Most burglaries aren't planned out, it's usually a crime of opportunity and most burglars are quite certain they will get away with their crime when they do it.
But doesn’t “opportunity” = low-risk-of-bad-outcome?

I'm sure that many of the criminals who told Lott that they worried about running into an armed citizen didn't want a confrontation with any citizen, even an unarmed one. Which is why most burglaries occur in unoccupied structures.
In the U.S.A.
Burglars in England, on the other hand, are much less concerned with confrontation, for some reason.
 
I did not read all the posts, but i did read the article. Based on that here is my opinion, right or wrong.

The neighbor left the safety of his home to pursue the 2 thugs. The shooters life was not in danger until he possibly put himself in danger.

I believe the shooter made a very bad decision, murdered 2 thugs and gave the anti's more ammo for their campaign to disarm the rest of us.

Protection of property while you think your life could be in danger is one thing.
Dropping the phone during a 911 call to pursue and shoot to death 2 human beings, scum bag #$%$^$% or not, is wrong. Whatever property they were running away with was not worth taking their lives over.
 
Largely because they avoid occupied premises – but why do they do that if they are not considering risk? Would not purely random impulse lead to many more occupied premises crimes than we actually see?

yup, and for some strange reason, its illegal for me to use traps and snares to prevent burglaries... funny, another law that tells me what i can and cant do to protect my own property
 
In the U.S.A.
Burglars in England, on the other hand, are much less concerned with confrontation, for some reason.

Lets see some numbers. Total number of burglaries v. total numbers of burglaries in occupied dwellings. I keep hearing that burglaries to occupied dwellings is up in the UK but I haven't seen any figures. I'm not sure that any real data exists. The FBI doesn't differentiate between occupied and unoccupied residences in their data, a burglary is a burglary.

Quite frankly, there are as many people on the pro-RKBA side who are not above manipulating data or reporting anecdotal data to advance our cause as there are on the anti-side. Just because the NRA (I'm a life member BTW) says that burglaries of occupied dwellings is trending up in the UK, doesn't mean that it's so. Here's what the NRA isn't telling you. There were storage laws in place in the UK before the handgun ban. The odds of a burglar walking in on an armed citizen before the ban were probably not much greater then they are now, because the armed citizen's guns were most likely to be in the safe.

Firearms came out of most British homes in the 1920s when they began passing the first of their firearms laws. By 1940 Americans were donating firearms to be sent to the UK so the population could be armed to fight a possible German invasion.

If there is a provable upward trend in burglaries of occupied dwellings in the UK, I would be willing to bet money that it's more attributable to a cultural change in their society making crimes like that more acceptable to the criminal element, then to a sudden realization on the part of criminals that their job just got safer because handguns were banned.

Guns and the ownership of them are immaterial to the crime rate. Both our side and the antis are lying through their teeth when they say the availability of guns has any effect on the crime rate.

Jeff
 
OldTXCop: If they have insurance, it was recoverable by other means....That's what we were taught.
Sounds good in theory but it depends upon what is stolen. You want my computer? Fine by me. Want my TV? Knock yourself out. My insurance will buy replacements that are better than what I now have. Not all things can be replaced with money. Family heirlooms are very special to me.

Would I shoot someone over a computer or a DVD player? No. Would I shoot someone over my Masonic ring? In a heartbeat. My Grandfather presented it to my Father when he was raised and my Father presented it to me. Money can’t buy it and money can’t replace it. There are certain things in this world for which I will fight. It all depends upon the situation.
 
Jeff
Quite frankly, there are as many people on the pro-RKBA side who are not above manipulating data or reporting anecdotal data to advance our cause as there are on the anti-side.
Unfortunately true. :(
Just because the NRA (I'm a life member BTW) says that burglaries of occupied dwellings is trending up in the UK, doesn't mean that it's so.
It DOES make the opposite less likely. If I claim for years that A is true, and no one makes a counterclaim, an impartial observer will suspect I may be right.
Here's what the NRA isn't telling you. There were storage laws in place in the UK before the handgun ban. The odds of a burglar walking in on an armed citizen before the ban were probably not much greater then they are now, because the armed citizen's guns were most likely to be in the safe.
I don’t see what you’re getting at – you just said that U.K. burglars have long had virtually nothing to fear from legally armed citizens. That tends to SUPPORT the NRA view, not refute it. :confused:

If there is a provable upward trend in burglaries of occupied dwellings in the UK,
Why does it have to be an upward trend? Just a larger percentage than here would support the deterrence thesis.
…I would be willing to bet money that it's more attributable to a cultural change in their society making crimes like that more acceptable to the criminal element, then to a sudden realization on the part of criminals that their job just got safer because handguns were banned.
The bet would be pointless, since there is no known way to prove such things one way or the other.
And why do you link it to handguns? I’ve heard there has been a rise in FIREARMS crime since the ban, but I thought the burglary rate predated that.

Guns and the ownership of them are largely immaterial to the crime rate. Both our side and the antis are lying through their teeth when they say the availability of guns has any strong provable effect on the crime rate.
Fixed it for you – ya gotta be careful of those absolute statements. They sound intemperate, and injudicious – not desirable traits in a role model for responsible firearms ownership. :D
 
The alternative was letting two thieves, most likely illegal aliens, get away. Free to keep robbing and possibly hurting or killing others.
Now, maybe the guy with the gun should have attempted to stop them and wait for police. They would have stood trial ( tax money..) went to jail ( tone of tax money ) became citezens ( more money ) got out of jail in a number of years and then helped with welfare, job placement, training ( more tax money ).
I'd rather not see people stealing in the first place, but this crude justice only has a positive effect all around. Prisons are over filled, billions go into the prison system and trials for useless no good criminals. There's plenty of good people who need help, money, shelter and care.
I like some of the comical, but logical ideas comedian George Carlin has. Go back to public hangings. The impact of more severe punishments and consequences would reduce crime.
Our system treats prisoners too well. I'm not talking about misdemeanors, but rapists, terrorists, murderers.... They get cable, games, library, classes, weight rooms, good food, pay, shelter. A rapist has a better life in prison than a struggling disabled person.
Eventually I think we'll have to change the system since it can't sustain like this forever.
Anyway, the two shot in Texas put there lives on the line to be criminals, they only got what was they ultimately deserved. I think the man shooting should have handled it slightly less aggressively, but he didn't pursue the whole situation.
 
I will say this, if armed homeowners and castle doctrine and the like is supposed to be deterring crime, either home invasions in the Dallas area would be hugely high, or the recent number of homeowners shooting home invaders/property invaders isn't staving off invaders from attempting their crimes.

I am more inclined to believe that the supposed perceived increased risk of being shot isn't having any sort of significant impact on lowering crime given the number of recent shootings and recent shootings resulting in deaths.

Heck in west Dallas, the junkyard owner (and resident) killed one guy who invaded and a week later killed another doing the same thing. Apparently, killing somebody on property and getting a bunch of news coverage wasn't enough to preclude another invader from trying the same thing.

Basically, crooks know there are risks. They think they can beat the odds and more often than not, they do.
 
Spaketh Jeff White:
A lot of frightened thugs? Come on, get real. If you think that burglary statistics dropped suddenly because this guy killed two burglars, then you must have no experience with people who live a criminal lifestyle. No one is going to be scared straight because someone else was shot. They don't think like that.

Robberies in NYC subways dropped by 43% in the weeks after Bernard Goetz shot 5 robbers. Months later, robberies were still down by double-digit percentages in spite of the fact that they were on the rise before the shooting, and other subway crimes continued to rise after it. These facts are documented in one of Gary Kleck's books along with several other similar events in other cities. It's always risky to draw general conclusions from our own experience.
 
The alternative was letting two thieves, most likely illegal aliens, get away. Free to keep robbing and possibly hurting or killing others.
...
I like some of the comical, but logical ideas comedian George Carlin has. Go back to public hangings. The impact of more severe punishments and consequences would reduce crime.
Our system treats prisoners too well. I'm not talking about misdemeanors, but rapists, terrorists, murderers.... They get cable, games, library, classes, weight rooms, good food, pay, shelter. A rapist has a better life in prison than a struggling disabled person.
Eventually I think we'll have to change the system since it can't sustain like this forever.

No offense, but...no. To quote Mencken: "There is always an easy solution to every human problem--neat, plausible, and wrong."

If you want harsh punishment, go look in the gulags of Soviet Russia. Or the prisons of China. Our prisons are not the pleasant luxury hotels that some people would like others to believe, but thankfully they aren't (quite) concentration camps either.
I suggested that I wouldn’t mind being remembered in the same way heroic cops and soldiers are often remembered, and that’s being irresponsible?
Ah.
Are cops and soldiers then, not responsible firearms users?
Or are civilians categorically denied heroic status by some law?

I'm not a LEO, but I'm going to go out on a small limb here and say that were a cop to state to dispatch that he was going to go out and kill two burglars, and then proceeded to jump straight past every option on the force continuum right to lethal force...he wouldn't be a cop anymore (at least, in a reasonably non-corrupt area).

When they show a willingness to place me in danger by trying to go through me, despite the fact that I’m armed.

I'd like to point out that, based on the audio clip, I don't think there's any evidence that the dead men showed a "willingness to place [him] in danger". He stated that he was going to kill them, racked the shotgun, walked outside, and shouted "Move you're dead!" then started shooting. Where's the evidence that they tried to go through him? One was found dead across the street and the other two doors down.
 
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