[Shotimes] Caught a Thief in Action

[Jason Hartberger]

I'm not exactly sure how civilian law states it, but in the military (which
usually has stricter versions of civilian laws, as shylo can attest), the
UCMJ states that as long as you are only trying to remove the threat (bodily
or otherwise), you're good. You are allowed to use force only to neutralize
the target or keep it from hurting you more. You're not allowed to go past
the level of force he offered, tho. So if he's punching you, you're not
allowed to unload a 12Ga on him. I would say, based on my experience with
this law (which I've had too much of), that you're within your rights. Of
course, once again, this is for military law, and your laws may vary a bit.

jason

----- Original Message -----
From: "Al Fitz" <alfitz@alfitz.com>
To: "_SHOtimes" <Shotimes@autox.team.net>
Sent: Monday, March 01, 2004 3:05 PM
Subject: [Shotimes] Caught a Thief in Action


> I read this on the SHO forum today....
>
>
> I was spending the night at my cousins place on Saturday night after
> celebrating his birthday. He put me in a room that was directly in front
of
> the driveway where my SHO was parked. The window in the room faced the
front
> of the SHO.
>
> I was awoken around 4 am by a noise outside. I looked out the window and I
> noticed a figure by the drivers side door on my SHO.
>
> I grabbed a lacrosse stick and snuck out the back door of the house and
crept
> up right behind the figure.
>
> He was definatly trying to steal the car, so I tapped him on the shoulder
and
> told him to stop what hes doing. He spun around and swung at me, totally
> missing.
>
> I whacked him on the knee and then cross checked him in the face area with
the
> stick. He fell down like a tonne of bricks. I then pinned this theif on
the
> ground while my cousin ran outside. I told him to call the cops.
>
> During this time I was talking to my cousin, the thief punched me in the
> stomach so I got off of him and I started to lay the beats on him. The
next
> door neighbor came outside and asked whats going on, and I told him about
this
> guy trying to steal my car. The neighbor (around 30 years old) wanted in
on
> beating the theif up, but I wouldnt let him.
>
> The cops showed up and took him away, and another set of cops arrived and
told
> me that im getting charged for excessive force. (as long as my SHO was
stolen,
> Im all good tho).
>
> Should I fight this charge tho? What do you guys think?
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