Drew down on a Stranger in My Back Yard

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Deathrider1579
Generally I welcome new members. In your case, I'll pass. You actually used the word "justice" in describing a situation in which a home owner guns down a pool boy. Re-read your post. It is sickening.
 
Biker said:
You should research the law a bit Deathrider. Does Captain Mike live in Texas and does the Texas law you're referring to apply during daylight hours?
I'm not really sure that the story about the farmer greasing his son really advances your argument, but to each his own.
Biker
I was using it to point out that shooting even an innocent person on your property is legal if you had justifiable reason to think they were up to no good. IE the farmer didn't know his son was going to be there. Mike didn't know the pool guy was going to be there.

The guy who dropped the 4 thugs around his SUV did that at about 3 in the afternoon IIRC.

Thats OK shermacman, I was expecting to get flamed for what I said anyhow.
The term justice refers to a person protecting his property from a perceved threat, also Mike did not shoot the pool boy he detained him.



-DR
 
FWIW, Remember, just because a guy goes into your backyard and fiddles with the pool does not garantee 100% that he is actually the new pool guy.

Yes, but this actually was the new pool guy, held prone with a loaded .45 pointed at him, before 911 or the pool company were called or consulted.

Legal?
Sure.

Necessary?
?...

The only option to successfully resolve the situation?
No.

Celebrate this incident if you wish to, but keep in mind that just because you can legally charge forth and pull your piece doesn't mean it's the best default option to the discovery an unknown person on your property.

.
 
Deathrider1579 said:
The guy who dropped the 4 thugs around his SUV did that at about 3 in the afternoon IIRC.
-DR


Souce this please, I'd like to see the details and be sure it's not an urban legend of some sort. I find it difficult to believe the story you have relayed here contains all of the details. Thanks much, I'd appreciate it.
 
NineseveN said:
Souce this please, I'd like to see the details and be sure it's not an urban legend of some sort. I find it difficult to believe the story you have relayed here contains all of the details. Thanks much, I'd appreciate it.

I knew yall were going to ask for a source LOL being responsible readers and thinkers and all. That said I do not have a source for that or the other story they are hearsay from my CHL instructor. I will call him later tonight and see if he can point me to some written source.

-DR
 
The other story is a sad one, a farmer / rancher was sleeping and heard his tractor start up he thought some one was trying to steal it so he grabbed his hunting rifle opened the window and picked the thief off of his tractor seat the guy was DOA but the problem was it was his son who came in to get on the plowing early. No charges, no problems except of course for the emotional and family problems that stem from something like this.

And this tale is supposed to get me inspired to point guns at "unknowns" on my property how exactly?

:confused:
 
No offense intended, but I'm beginning to wonder about some of the wisdom that some CHL instructors are dispensing and demonstrating.
This stuff could get people dead for no good reason and get others some Big Ben.
:rolleyes:
Biker
 
I am not advocating blowing away everyone that comes into your property w/o your permission! I am just saying that if you perceive a threat to you or your property you can react with lethal force! I would be bloody sure if I was to shoot anyone! And if some one was in my backyard that I didn't know I would probably act much like Mike did only with my 12 ga. instead of my 1911 as its in the safe.
I would switch pool companies as these guys are evidently morons and need a serous knock in the head.

I agree with you biker I have talked to some CHL instructors who said having a CHL was simply a defense against prosecution not a permit to carry! Some CHL instructors need to read the law. Mine is bang on from what I have studied.

-DR
 
Y'know, an awful lot of this really, really depends on the perceptions of the man behind the gun, things which cannot be covered by nice, safe generalities:
  • What is the general nature of the neighborhood? Is it safe and quiet, or not?
  • What is the recent history of break-ins in the neighborhood?
  • What are the homeowner's experiences with crime?
  • In the short time available to judge, was the behavior of the trespasser suspicious? Was it threatening?
Those are things we cannot know outside of having been there. Under very similar circumstances, the same response can be exactly right or plain stupid.

Don't present your weapon unless you percieve a threat; but don't substitute anyone else's perceptions for your own.

I have no idea if it was a good idea to have drawn a gun on the new pool guy. I wasn't there. At the end of the day, everyone involved went home alive: no harm, no foul.

--Herself
 
Herself said:
Y'know, an awful lot of this really, really depends on the perceptions of the man behind the gun, things which cannot be covered by nice, safe generalities:
  • What is the general nature of the neighborhood? Is is safe and quiet, or not?
  • What is the recent history of break-ins in the neighborhood?
  • What are the homeowner's experiences with crime?
  • In the short time available to judge, was the behavior of the trespasser suspicious? Was it threatening?
Those are things we cannot know outside of having been there. Under very similar circumstances, the same response can be exactly right or plain stupid.

Don't present your weapon unless you percieve a threat; but don't substitute anyone else's perceptions for your own.

I have no idea if it was a good idea to have drawn a gun on the new pool guy. I wasn't there. At the end of the day, everyone involved went home alive: no harm, no foul.

--Herself

+500,000! Well said!

I think given my perceptions of 1. My neighborhood and 2. Informations given in story he did OK!
 
Okay Herself, first off, what is your favorite color? Plaid?
Really, the first post by Capt Mike presents the info available for the de-briefing.
My initial impressions were:
a) He has a pool. You don't see a lot of pools in the ghetto (That'd make a killer rap tune, eh?).
b) A nice, tall fence and a regular pool guy which further reinforces 'a'.
c) The potentially faux pool guy was not trying out the windows/doors on the house and no predatory behavior was ascribed to said pool guy from Capt. Mike.

Based on the available evidence, tactically and logically, there was no valid reason to go 'Katrina' on pool dude.

Harm done? Well, Pool Guy likely has soiled undies and possibly a low opinion of gunowners, the responding LEOs likely pegged Mike for a ..different kind of guy and might be slow to show up next time (chicken-little syndrome), and some bad advice, IMO, was dispensed as a consequence of this thread.:)
Biker
 
Drew down on a Strange

Given the scenario, I have to believe Capt. Mike is posting this to see our reactions. I choose to believe that rather than to believe he is a fool.

If the pool guy was innocently there to clean the pool, the Capt's response was such that it could only cause
embarassment or escalation or lawsuits.

If, on the other hand, the 'pool guy' was up to no good, then the Capt was really foolish to go out there where the pool guy's partner (out of sight around the corner) could blow him away - probably before he and the dog even cleared the doorframe.

Very poor strategy, I'd say.
 
irx said:
Given the scenario, I have to believe Capt. Mike is posting this to see our reactions. I choose to believe that rather than to believe he is a fool.

If the pool guy was innocently there to clean the pool, the Capt's response was such that it could only cause
embarassment or escalation or lawsuits.

If, on the other hand, the 'pool guy' was up to no good, then the Capt was really foolish to go out there where the pool guy's partner (out of sight around the corner) could blow him away - probably before he and the dog even cleared the doorframe.

Very poor strategy, I'd say.

That's my thinking too. The whole thing just really stretches my ability to believe it really happened to the breaking point. And then to have folks say yup, you done good there Captain Mike and then have one of those who thinks it was a good thing cite instances of guys gettin dead over a car and a father living with the fact that he killed his own son is just too freakin weird. This is the last time I post on or read this thread. It's depressing and scary.
 
I'm sure that everyone who thinks it was ok to prone out the pool guy at gunpoint will write letters to the editor in support of a new policy their local police department might adopt, that of proning out everyone they have contact with at gunpoint until they are positively ID'd as not a threat. :rolleyes:

I wasn't there, so I am basing this soley on CPT MIKE's description of the events: If CPT MIKE had called the police and remained inside the house, and I responded to the report of the trespasser, I most likely would have stood at the gate or door and asked the pool guy what he was doing there. I wouldn't have drawn my weapon. Would have been in a good position and would have been prepared to, but there would have been no reason to prone the guy out at gunpoint. There could be a number of conditions that may have changed that, that CPT MIKE didn't tell us about.

Editorial Comment:
I have noticed a trend here at THR. I don't like the trend, and I'm not so sure that it's good for RKBA and the fight for concealed carry in the few remaining states without it.

That trend is that there are a lot of members who seem to be looking for a reason to use their weapon. I don't know how much of it is posturing, macho chest beating, or just general venting of the type that might go on at the gunshop on a cold, rainy Saturday morning.

But I'm not sure that it's a good for us to continue to make these macho posts. I think we just reinforce the stereotype that The Brady Center and Violence Policy Center and their allies in the media like to use to portray us to the people who aren't in the gun culture.

In the past couple months, I have read some posts that make me hope that the member who made them really doesn't own a firearm and carry it. This concerns me, because I believe that there should be no restrictions on what you can own or carry.

There have been some posts in this thread and other threads that would make a rational person wonder if maybe restrictions on firearms aren't the way to go.

I'd like to remind everyone, that we're not in the privacy of our homes here. We're on the internet, on a forum that anyone who surfs in can read. You don't have to be a member to read the posts here. Lurkers are welcome. I think that everyone should remember that. We also need to remember that part of our mission is to promote the safe and responsible use of firearms.

The opinions expressed above are my own and don't necessarily reflect the opinion of the staff and management here at THR.

Jeff
 
Hi All-

My fear is that legislative gun-grabbers like Kennedy, Rodham-Clinton, Schumer, Boxer, and Pelosi, will get hold of this thread and say:
"...Here's what the so-called 'RKBA' people are saying! Enact new laws now. It's for the children!..."
The simple fact-of-the-matter is that Captain Mike was not directly threatened in the scenario he described. If every single house in his neighborhood had suffered a robbery in the previous week, he still was not being directly threatened. This nonsense of comparing the sanctity and security of a backyard to a bedroom is patently absurd. Please stop now before the Sarah Brady crowd is able to assemble any additional quotes to use against us.

~ Blue Jays ~
 
Speaking only to Texas law, and not what people have done and gotten away with:

If you see a trespasser on your property, you can order them to leave. If they make any motion toward leaving, all you then can do is observe to see that they exit your property. As long as they are leaving, you cannot file any charges against them.

(The legislature changed the law to this structure at the time they enacted the "purple paint" law. A rancher can spray fenceposts, trees and rocks with purple paint in lieu of putting up "Posted" or "No Trespassing" signs.)

It doesn't matter what they say about yo momma, yo poppa or your Good Dog Trey. All you can do, legally, is observe.

In Texas, Capt. Mike is subject to be filed on for whatever is the current terminology for Assault With A Deadly Weapon. And a civil suit for pain and anguish...

Now: That said, if a trespasser refuses to leave, or makes a motion toward you, the situation changes. But that's another set of circumstances.

Art
 
I'm sorry, I spent a number of my formative years in places where having a reputation of not taking any bull and maybe being a bit of a loose cannon did in fact help keep MOST of the would be criminals at bay. Even the bigger nastier ones. I actually DID move away from all that years ago but I guess that thinking lingers with me and I see it as a positive trait when it is appropriate to the situation. I got the sense that Mike and Mike's neighborhood are on edge because of the break-ins and that this led to his reaction. Right or wrong I can understand how he was feeling, at least a little. I became incensed at the beating that was being unleashed upon him by members of this board, some with very little time here. That was my motivation for joining into this ruckus. If he screwed up, he screwed up. Maybe he'll think differently should something similar happen in the future. It's not the place of members of this board to berate another member because they don't agree with his actions. Calmly explaining your reasoning to him is one thing but I believe I saw a bit of a lynch mob attitude in this thread myself. And I've seen that attitude here before...

I'll be shutting up now.
 
What truly distresses me is the fact that he instructs others. If he imparts advice based upon his actions, he is doing a major disservice to his students and gunowners in general. People could end up dead or in jail if his classes mirror his true-to-life tactics and that is a problem that needs addressing.
No offense meant and no apologies offered.
Biker
 
+1 to everything jeff said.


i had been reading oleg's thread about no-knocks when mike first started this thread, and the very first thing i thought was "how is proning out a guy any better than no-knocking".

i can't say i reserve the right to point a gun before i've identified a threat, if i expect police to not draw down on my family on the off chance my wife might be a threat.

and believe me, i DO expect police not to point guns at me
 
280PLUS said:
I'm sorry, I spent a number of my formative years in places where having a reputation of not taking any bull and maybe being a bit of a loose cannon did in fact help keep MOST of the would be criminals at bay. Even the bigger nastier ones. I actually DID move away from all that years ago but I guess that thinking lingers with me and I see it as a positive trait when it is appropriate to the situation. I got the sense that Mike and Mike's neighborhood are on edge because of the break-ins and that this led to his reaction. Right or wrong I can understand how he was feeling, at least a little. I became incensed at the beating that was being unleashed upon him by members of this board, some with very little time here. That was my motivation for joining into this ruckus. If he screwed up, he screwed up. Maybe he'll think differently should something similar happen in the future. It's not the place of members of this board to berate another member because they don't agree with his actions. Calmly explaining your reasoning to him is one thing but I believe I saw a bit of a lynch mob attitude in this thread myself. And I've seen that attitude here before...

I'll be shutting up now.

A few things:

First, he brought it up for discussion, not the other way around. He may have expected us to wave our THR pom-poms in the air for him, but sadly that did not pan out that way. I know the feeling, I expected the same thing from my response in the "canned hunt" thread and got nowhere fast...so I can sympathize with him.

However; have you ever heard the phrase, "an armed society is a polite society"? It works both ways you know. As a responsible firearms owner with a LTCF (CCW, CCL, CHL, CWP etc...) I know that if I were in a position of employment that required me to go into different neighborhoods alone, I would carry my .45 with me on the job. It's just part of my mindset to do so.

Just for the sake of an argument, imagine for a moment that I or someone such as myself was the pool guy in this case. Now, since he does not post on THR I cannot presume to know what his mindset was, but I can think of a variety of reasons why he might have felt it was okay for him to gain entry into the yard without confirmation from the home owner.

a. perhaps I did knock but received no answer (perhaps I am a light knocker) and I called my boss and asked him what to do. Suppose the boss says, "Jerry, the guy that used to have your route would climb over the fence to get in when they were not at home, so just go ahead and do that, we're allowed". So maybe I do it because I'm young, dumb and don't know any better, or perhaps the way I was raised gives me the notion that since I am not there to do any harm, I am there in a professional capacity and thus even though under normal circumstances it would be wrong and illegal, my boss says it's okay and I know I'm not there to hurt anything, so I go ahead and do it.

b. Suppose I was trained by my employer to do things that way, perhaps I was told, "just hop and go and be on your way, don't bother knocking because they should know why you're there, they hired us to clean their pool, they'll see you cleaning the pool and won't mind, just don't go snooping around or peaking in windows".

c. perhaps I had a particularly troubling episode with my spouse and wasn't thinking right. Maybe I just did it because I did not want to deal with people that day.

Now, none of these things makes it okay to do what I did, but at that moment, in my mind I was justified and honestly had no ill intentions.

Imagine now that we're at the confrontation scene, perhaps I'm not completely with it (doing a boring job all day does not promote mental agility), all I see is a dog coming after me, I don't even notice the guy at the first moment, my instincts kick in:

I shoot the dog (and if I ever saw a large dog coming at me, I would do just that in all honesty). Now we have a dead dog, a PO'd homeowner and pet owner with a gun drawn yelling at me, while I have my gun in hand. That makes for a situation where too much needless tension and chance of disaster have been introduced for no real credible reason, or at least one not credible enough to justify a dead pet and an armed showdown.

Perhaps instead I don't see the dog, my peripheral vision sets in and all I see is a man with a gun. In my mind, I am not doing anything wrong, I certainly don't have time at that moment to entertain the effects my actions might have had when jumping the fence, all I see is a man with a gun. If that were me, there would have been gunfire. Now we have one or two decent folks caught in a bad situation that could be both wounded or killed.

The point is, there is a better way to handle this without giving up the ultimate advantage. No one is suggesting cowering in the home scared and wetting your pants, but that the best solution probably doesn't lie there, nor does it lie in making a rush on an unidentified person without much credible observance of threat or intent, it is likely somewhere in between.

If the pool guy had a CCW, this could have been fatal. Ask yourself, is having your fence jumped by the pool guy who only wants to clean your pool a good reason to kill him, even if you only knew after the fact? Is it good enough reason to die? You're not bullet proof, and there is always someone better than you out there, maybe today is not your day.

You had distance, cover/concealment, the element of surprise and no indication that the subject was armed or a threat. Was there really a need for this?

Quick story of something that happened in Pittsburgh this past spring.

A friend of mine is visiting his dad on a Sunday. It's early in the afternoon. My friend parks his Cadillac Escalade in the driveway in front of the house. He goes down into the basement with his mom to help her move some furniture up to the second floor. His dad is hanging out in the living room and as he passes by the front bay window, he notices someone in his driveway. There have a been a few car thefts in the area over the last few months, so he gets all riled up and decides he and his 870 should go out and let this goof know that he does not want him on his property. As he comes out of the door, he racks the shotgun. The guy in the driveway hears this, ducks and covers behind the rear of the truck and draws his Sig P220.

The homeowner says something to the effect of "get on the ground!"

The guy behind the SUV yells back, "hey Burt, it's me, chuck, your neighbor!" Chuck also happens to be an ex-Marine, a State Trooper and one hell of a shot.

"Well what in the hell are you doing?" Burt asked, pretty irritated at this point.

"Uh, looking at the SUV with the for sale sign in your driveway, at 1'o clock in the afternoon."

The son had put a for sale sign on the SUV as he wanted to sell it. This could have very easily gone to gunshots, and two lives could have been forever altered for the worse over a hasty over reaction in broad daylight and a misunderstanding. My friend had a talk with his dad, as did Chuck.


People do odd things when they are cornered or feel that way, things they might not otherwise do. I would say 70% of successful confrontation resolution is giving the other person a way out and leaving them with options that are mostly beneficial for you yet are also feasible for them. When you rush someone with a gun, you leave them little to no option and more importantly, no time to think things through, which is a recipe for disaster.


Ad as a side note, spare me the bad neighborhood spiel. You don't see this type of behavior in the real bad areas, because folks are more likely to be armed and have a serious intent to do you harm if you provoke them. You might think it would be the opposite with more guns, but in the urban areas that I grew up in (and I'm not that old, nor am I far removed from the ghetto), you never pulled your gun to intimidate or scare, because nobody in the hood is afraid of guns. We grew up with them, we grew up with people being shot in our playgrounds while we hung on the monkey bars, people dying on our front porch steps, we know the deal, and we're all armed for that very reason. You never pulled your piece unless you intended to kill whatever was in front of you, guns are not a deterrent in the ghetto.

No, you see the type of behavior described in this thread more from middle-class yuppie would-be's who wouldn’t know a ghetto or a truly “bad area” if they didn’t see one in the movies…in neighborhoods where people might be armed, but "might" is a far cry from "most assuredly". My experience in the more rural areas would be the same as in this thread, only I don't think I've ever known anyone to order someone prone. Most country folks I know would most likely have the gun in hand, but not pointing it at anyone and ask the subject what they were doing.
 
Hi NineseveN-

That was a truly excellent overview and list of practical suggestions. Great job.

~ Blue Jays ~
 
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