Self-Defense vs. Vigilantism

[Cosmoline]

and the owner, absolutely furious, grabs his gun, races out the door chasing the BG down the street while firing at his back

If you have to actually run after the criminal to get your shots off, then it's pretty likely you're over the line.

The money, property or whatever is really a non-issue. The only important thing is your life.

 

[JustinJ]

I don't know where the show was filmed but in TX one technically can use deadly force to stop a fleeing burglar from escaping if the property can not be protected by other means and the use of force other than deadly would expose the actor to substantial risk of death or injury. That is not to say shooting a fleeing burglar is necessarily the best decision or without risk.

Regardless of theft prevention, in the situation described i believe the actor had a valid claim of self defense. As others have said the possibility of the theif deciding to attack even after compliance is always present.

While the arriving LE may have no deciding powers in wether to prosecute in this type of shooting i think the opinions they form can certainly sway those who do.

 

[dirtykid]

Next to Detroit I think Memphis is the murder-capital of the US,, seems like they average 1-murder a day,, But yea reality-TV is meant to stir emotion, and get people excited over a bunch of drama,, personally IF i decide to watch such shows i watch the old-school "COPS"

 

[rscalzo]

Furthermore, even if she believed it was, she was not at liberty to say so prior to investigation.

That's why any agency that gets involved with a reality TV program is crazy. The problems down the line during the court processes create more problems than it is worth.

This is a hard one. I don't want to promote people taking the law into their own hands although this appears to be self-defense."

That is the responsibility of the Prosecutor's Office and not the agency.

 

[Cop Bob]

9mmempathy pretty well laid it out...

She was covering all the bases, really shouldn;t have but probably under instructions from her department to work with the film crew without going too far...

As far as it being the DA's decision to prosecute.. this is absolutely correct... but the investigating officer is holding all the cards.. it is ALL in the way it is presented to the DA... Heck you can charge a ham sandwich with a crime if you spell it out right, and still be truthful.... It is all in the way it is explained...

There is the law, and there is justice... looks like she was leaning towards the latter...

Seems to me, the shooters biggest mistake in this was not putting the hole in the front... " Ah excuse me sir, you forgot your change..."

Would I have leaned towards charging him... I really kind of doubt it... I would have to keep my mouth shut and opintions to myself until all the evidence was in and witnesses interviewed... If it came down to just the two of them, no witnesses, both stories jive, and turdley has confess to the robbery... I would charge the greater crime, the robbery... and if I have charged the robbery victim with assault... what happens to my robbery? We get back to, is it the law, or is it justice... Who wins... I say lets get the REAL bad guy off the street..

 

[Kleanbore]

We have a report from someone who watched a reality television program on which a few isolated statements taken out of context were related about an incident on which we can find nothing. We have seen more than one interpretation of what was meant by those statements.

If anyone can find something that verifies that the incident occurred and provides a basis for discussion that does not involve pure speculation, we can start this up again.