[Shotimes] Caught a Thief in Action

DAVID PILLSBURY cobraii976@sbcglobal.net
Mon, 1 Mar 2004 18:22:07 -0800 (PST)


Had something similar happen to me last year. I woke up to find some asshole trying to steal the Mustang. Wife got up with me called the police I walked outside with the 12gauge pump in hand and had the barrel at his temple while I waited for the police to arrive. I was arrested and they took my shotgun away. Then I had some luck on my side when they arrested him seems he had over a dozen warrents for car theft. The Judge tossed my case when he found out the shotgun was more of a show piece then a weapon. nicely restored never fired never loaded and I did not have a single round for it. But I have found that a good pump action shotgun will pretty much strike the fear of god into any car thief. I also found out a few months later that the gun would not fire at all. If this guy was trying to steal your SHO it was not the first time he stole a car and was probably not the first time he got caught. I'd fight it to the end hire a good lawyer and it will get tossed when you walk in. Take
 the court appointed lawyer and you might as well plead guilty and take whatever they give you.
Dave. Not a lawyer but I play one online. 

Noah South III <RaggTopp@comcast.net> wrote:
Too many factors to know what's going to happen to either party for sure, it
really comes down to the thief's prior record. If the thief is a first time
offender, he'll just get probation and maybe a little jail, no prison for
sure. In this case the vehicle owner may have the excessive force charge
stick, but with a reduced sentence (fine, community service, no probation or
jail). If the guy IS a repeat offender, the judge will tell him he asked
for it, throw the book at him, and dismiss the excessive force charges
against the owner. Working with several of the local club's bouncers the
only time I've seen an excessive force charge even stick is if the person
who got beat wasn't really asking for it (too drunk to even fight), and in
that case it was the minimum sentence, just a fine. This is all taking into
consideration the thief doesn't have Johnny Cochran for a lawyer. 

BTW, the excessive force charge is DEFINITLY from clocking the guy in the
face with the stick, nothing else, not the "laying the beats on him" or
anything like that. It's JUST hitting him in the face with the lacross
stick. Equal force is using the same weapon as the other guy, in this case,
bare hands. He used a "weapon" so it's now excessive force. I'm sure the
guys face got REAL messed up when he got hit, so it looked pretty bad to the
cops.

Remember, if you're ever in this type of situation, unless the guy you're
trying to take down is twice your size, just use your fists and feet (and it
helps not to have any type of formal martial arts training, then your body
becomes a weapon of excessive force).

-Noah South III


----- Original Message ----- 
From: "Rick Glass" 
To: "Al Fitz" ; "_SHOtimes" 
Sent: Monday, March 01, 2004 3:52 PM
Subject: Re: [Shotimes] Caught a Thief in Action


> Most definitely fight the charge......
>
> he swung first, then he got you in the stomach, it was self defense on
> private property.....
>
> he had it comin'
>
>
> Rick Glass
> Nashville, TN
> SESHOC
> ' 96 BS 172k FOR SALE
> Kirk'd Feb. 3
> '99 Silver 42k TOO MUCH FUN TO LEAVE PARKED
> Flowmaster Original 40's
> 3rd cat/resonator removed
> Intake slighly modified (but not Porterized)
> will be Kirk'd at the next Southeast CamFest (August)
>
> ----- Original Message ----- 
> From: "Al Fitz" 
> To: "_SHOtimes" 
> Sent: Monday, March 01, 2004 2:05 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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