‘We Have the Right to Defend Ourselves’: Community Rallies Around Utah Man Arrested for Shooting at Burglar

This undated photo provided by the Davis County Jail, shows Clare Niederhauser, 64, a Layton, Utah homeowner charged with two counts of reckless endangerment. Residents in a Layton are coming to the defense of Niederhauser, who was arrested and charged last week for shooting at burglars as they fled from his home. Layton Police say the shots were illegal because his life wasn’t threatened and because he wasn’t protecting his home. Credit: AP
SALT LAKE CITY (TheBlaze/AP) – Residents in a northern Utah city are coming to the defense of a man who was arrested and faces charges for shooting at burglars as they drove away from his property.
Layton police arrested Clare Niederhauser, 64, last week after he fired one shot at a car and another at a fleeing burglar, said Layton Police Lt. Shawn Horton. He was arrested on suspicion of two counts of reckless endangerment.
The shots were unlawful because the burglar had dropped a crowbar and was fleeing the property, according to Horton, who added that the shots could have endangered somebody’s life.
“There is a responsibility of owning a gun: you need to know when you can lawfully use your weapon,” Horton said. “You’re not authorized to shoot a firearm at a car just because you don’t want it to get away, or to scare them, or disable a tire.”
Layton police said they also have arrested the man suspected of burglarizing the house, Robert Santos Cruz, 47. Investigators are searching for a woman who drove the car that was leaving the driveway when Niederhauser shot at it.

This undated photo provided by the Davis County Jail, shows, Robert Santos Cruz, 47, the burglar who is charged with residential burglary on the home of Clare Niederhauser. Credit: AP
Niederhauser, a concealed weapons permit holder who used a .357 caliber handgun, didn’t immediately return phone messages from The Associated Press. He told detectives that he aimed to shoot the tire of a car leaving the driveway and later to scare Santos Cruz as he ran away. Niederhauser came home to find a car in his driveway and Santos Cruz leaving his house holding a crowbar, Horton said.
Niederhauser’s supporters said he is being unfairly punished for protecting his home. They said the arrest sets a precedence that homeowners can’t protect themselves and have launched a blog urging people to call police to complain and contribute to a legal aid fund.
The blog supporting Niederhauser says at the top, “Support Clare Niederhauser. A good man did the right thing.”
“He tried to act in a way that is responsible and compassionate and keep his head about him,” said Loran Hubbard, 53, of Layton. “We have the right to defend ourselves when we are confronted with a lethal weapon. If a big crowbar isn’t a lethal weapon, I haven’t seen one.”
There had been two other burglaries in the neighborhood in the past three months that had Niederhauser on high alert, said neighbor Teuvo Jones. The shot he fired at Santos Cruz was a warning shot near a hollow, Jones said.
“You would have to have all the laws of physics changed to make that a danger to anyone,” said Jones, basing his assessment on Niederhauser’s account. “It was far from reckless.”
The Layton City Attorney’s office is working with Niederhauser’s attorney to reach a plea deal, said assistant city attorney Steve Garside. The agreement will likely be made official on Tuesday when Niederhauser makes his first court appearance.
Niederhauser’s attorney, Mitch Vilos, confirmed that a plea agreement is in the works but declined to discuss specifics. He said he and Niederhauser will speak to the media after the Tuesday afternoon court appearance.
Layton is a city with about 68,500 people located about 20 miles north of Salt Lake City.
Clark Aposhian, a firearms instructor and chairman of the Utah Shooting Sports Council, has been following the case closely and believes the arrest was appropriate.
“I can understand the guy getting caught up in the moment, but he’s got some explaining to do,” said Aposhian. “It’s not that he was shooting at the person necessarily, but the reckless endangerment is because he fired his gun when the rounds could have gun anywhere.”
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Comments (402)
Smokey_Bojangles
Posted on February 8, 2013 at 10:24pmAs LAPD shoots up a truck with 2 innocent women in it…..
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Rowgue
Posted on February 9, 2013 at 12:01amExactly if his actions deserve arrest then every cop in the country should be arrested. Every single one of them is far more trigger happy and reckless.
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thegreatcarnac
Posted on February 9, 2013 at 12:48amGood point!
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Obama_In_PeePee_Is_Becks_Art
Posted on February 9, 2013 at 1:22am“There is a responsibility of owning a gun: you need to know when you can lawfully use your weapon,” Horton said. “You’re not authorized to shoot a firearm at a car just because you don’t want it to get away, or to scare them, or disable a tire.”
Authorized … ?
“LAPD Police-thugs Bravely Subdue Dangerous TV News Camera”
http://www.youtube.com/watch?v=OkvNrtk6GJ0
So-o-o-o, how’s that whole “Police (standing army) Department” thing working out for everyone? America’s Founders knew what they were talking about (they had it, too) when they warned us of it, eh?
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GuruMeditation
Posted on February 9, 2013 at 6:38amIf he hurt someone in a reckless way then he should be punished. If no one was hurt or no property was damaged, then leave the man alone. His day was bad enough. The same should apply to LEO’s.
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Jarhead 88
Posted on February 9, 2013 at 7:32amThe perp has his head cocked just like the perp Obama does, both are trash.
grimmster
Posted on February 9, 2013 at 9:13amLets not forget the nypd cops, 9 innocents wounded?…….
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Duddio
Posted on February 9, 2013 at 9:44amWhat about the NYPD shooting NINE people shooting it out with a gunman on a crowded street??
http://www.foxnews.com/us/2012/08/25/nypd-shooting-bystander-victims-hit-by-police-gunfire/
Will THEY be arrested?
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turkey13
Posted on February 9, 2013 at 10:31amThat is why he has home owners insurence! The burgelar needs to make a living just like any one else and the guy dropped the crowbar so he as unarmed. In the old days if you shot an unarmed man you would hang. Also, you are supposed to say halt 3 times before firing just like the police have to do.
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RANGER1965
Posted on February 9, 2013 at 10:48amThe guy got pissed, and a little too excited. His desire to stop the bad guys overcame his common sense.
I still hope the guy gets off. Let’s not forget that the instigators of this little episode were criminals trying to take his stuff. So in my hbook the criminals are guilty of committing a crime, he’s guilty of a technicality in the law. He’s not the one robbing, raping, or murdering people.
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old white guy
Posted on February 9, 2013 at 11:01amstarting to sound like canada. the police charge someone for protecting themselves with a gun and a jury kicks the charges in the can. yet the idot police and crown continue to harass people who defend themselves.
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Gonzo
Posted on February 9, 2013 at 11:05am“the shots could have endangered somebody’s life.” Uh yea, that’s the whole point.
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jeffile
Posted on February 9, 2013 at 11:13amTurkey13 – You must be very young as in the old days of mine this person would be congratulated for protecting his property. And in the old days the cops would yell at the perpetrator to stop or he would shoot; and you can bet your ass that he would shoot. Having home owners insurance is not to enable a dirt ball to come and take another’s protection. Besides, as soon as the individual files a claim, less his deduction which BTW comes out of the homeowners pocket, his insurance rates will go up and he may loose his insurance. Both individuals were trespassers and all trespassers will be shot.
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whampton49
Posted on February 9, 2013 at 11:36amVery good point!
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Secret Squirrel
Posted on February 9, 2013 at 11:44amIn today’s screwed up society, the homeowner will get 10 yrs, and the burglar will get probation.
What if the homeowner had no weapon, what was the burglar planning on doing with the crowbar?
Should he have shot at a fleeing suspect? No, but if I were on the jury, he’d walk.
Enough is enough.
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Libertarian
Posted on February 9, 2013 at 12:12pm@smokey,
You are absolutely right. The police shot 30 rounds into a truck without properly identifying the individual(s). This guy properly identifies the individuals, takes action and is thrown in jail.
Our society is backwards.
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Bangstick
Posted on February 9, 2013 at 12:16pmYes, he should be cleared by jury nullification. Then fire the prosecutor for bringing the case.
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Beepster
Posted on February 9, 2013 at 12:36pmYou can also add the Times Square episode. Personally, I believe the police are more wild shooters than the civilian population. AND, these are supposed to be TRAINED shooters???? Need to hit the range more often.
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cj06
Posted on February 9, 2013 at 12:40pmThe crowbar was used to break open the front door !
When he dropped the crowbar wasn’t he going for his gun in the car ?
People in general need to practice practice and practice at bullet control ( shoot until the bad guy is no longer a threat , as in dead )
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Soulfire1975
Posted on February 9, 2013 at 12:57pmI would ask to be judged by my piers. A jury wouldn’t convict him.
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CathyvanDyke
Posted on February 9, 2013 at 1:28pmHave I got this right? Armed Intruders can enter my home … pack up my posessions … drop their weapon upon leaving and … I cannot stop them.
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turkey13
Posted on February 9, 2013 at 1:38pm@Jeffile Didn’t you folks get the word from the president.It’a as Obama told Jo The Plumber- “We need to spread the wealth.”"
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CathyvanDyke
Posted on February 9, 2013 at 1:56pmSmokey_Bojangles
Published: Feb. 7, 2013 Updated: 4:50 p.m.
People get shot at by cops looking for Dorner
TORRANCE – Officers from two different departments fired shots at vehicles similar to one driven by murder suspect Christopher Jordan Dorner early Thursday morning. Both were called cases of mistaken identity, Los Angeles Police Chief Charlie Beck said.
In the first shooting, Los Angeles officers from the department’s Hollywood division fired on a blue pickup truck driving with its lights off in the 19500 block of Redbeam Avenue in Torrance. The occupants, two women delivering newspapers, were shot around 5:15 a.m. and taken to an area hospital. One woman suffered a single gunshot wound and was released early Thursday afternoon. The second woman was shot twice and in stable condition, Beck said. “Tragically, we believe this was a case of mistaken identity by the officers,” Beck said. ….
The second shooting occurred minutes after the first incident, when Torrance officers responding to the shooting on Redbeam came across a black Honda pickup on Flagler Lane. A collision occurred between the police and the Honda. Officers fired at the truck but the male driver was uninjured, said Sgt. Chris Roosen of the Torrance Police Department. “The officers believed that the person involved was Chris Dorner,” Roosen said.
http://www.ocregister.com/news/police-495059-officers-fired.html
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shorelineliz
Posted on February 9, 2013 at 2:14pmyup. this arrest is crap. plug the thieves. they were in his house.
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freedom4ever
Posted on February 9, 2013 at 2:47pmtry cleveland 62 cops cars chase a car because they thought they drove by and shot at some cop. 137 bullets later they were dead after a 30 min. chase. the cops were lucky they didn’t kill eachother! oh they never found the gun and there was so much gun powder in the car they couldn’t figure out where it all came from! at least this guy didn’t kill anyone!
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AZRACISTBIGOT
Posted on February 9, 2013 at 4:17pmBangstick What the judges and prosocuters call “Jury Nullification” these days is exactly what the framers of the constitution had in mind when they set up the system. It was meant to stop the unfair and unjust prosecution of an individual by overly zealous judges and prosecutors.
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daniel3839
Posted on February 9, 2013 at 4:25pmLook at that Mexican PUNK thinking he is bad as* in that picture. What a punk, real asset to society! YEAH HE SHOULD OF SHOT AT THEM! Trash like that wants to rob houses then EXPECT TO GET SHOT AT WHEN YOU DO! My AR-15 would of made cottage cheese out of the drivers side of that care had he done it to me.
It goes with the JOB!
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Jarhead 88
Posted on February 9, 2013 at 4:35pmObama doesn’t follow laws, why should I? You steal from and I’m able to shoot, your arse gets dropped, even if you’re trying to flee.
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EX-Atheist
Posted on February 9, 2013 at 5:20pmI had a friend murdered in Ogden UT by a 16 year old with a box cutter that he cought breaking into his home, after a WSU hockey game on a friday night. Youcould kill someone with a crowbar, the man was smart to carry his weapon on his person.
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1947
Posted on February 9, 2013 at 5:32pmYour right they are trigger happy in New York. Didn’t they shot a man just standing around….. wild willy of the NYPD…….
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tater515
Posted on February 9, 2013 at 6:00pmWhether or not a police officer shot at a fleeing vehicle is irrelevant to the story here. No matter what you read about cops doing or not doing, what this guy did was illegal and ill-advised. His actions will only serve to make things more difficult for responsible gun owners.
As a gun owner and a concealed carry permit holder I know that it is irresponsible and illegal for me to shoot at a fleeing subject in a public place. Owning and carrying a gun is for self defense and shooting at a vehicle that is not trying to run you down crosses the line from defense to offense.
There is no joy in taking a life. Defending yourself or your family may require lethal force, but a fleeing subject, even a criminal one, does not require such force.
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000degrees
Posted on February 9, 2013 at 6:18pmI have no sympathy for the perp but I agree if they are leaving, don’t shoot…..
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Caniac Steve
Posted on February 9, 2013 at 7:06pma plea deal ?? wherre is a Johnny Cochran wanna be at ? if he pleads .to a lesser charge..he could lose his rights to own/poses guns legally..where is the aclu at ?
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ChiefGeorge
Posted on February 9, 2013 at 7:08pmI’d give him a pass! He did not empty his weapon at the suspect nor the car. A couple of warning shots to say don’t come back here ya’ll. If he is sentenced for breaking the law, then we’ll all need crow bars everywhere we go which are heavy and unwieldly so someone will start making long knives again…like swords….Ah thats right WE the People can’t have those anymore either..blade has to be less than 4inches in most places. Arrg! What to do?
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Iamdarkrider
Posted on February 9, 2013 at 8:02pmI would have pegged that Fker! Never made it out of my yard! If the gov’t doesn’t like it?!?! Tough ****! Our Gov’t is a joke…We need a replacement.
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gergneslo
Posted on February 9, 2013 at 8:30pmIf he is guilty, then everyone carrying a gun must attend police training to now when and where you can use a gun. Gun safety cources don’t normally do that. After those police shot up the truck with the woman in it, they apparently need better training. Also, that vehicle was driving down the street and police shot at it in great numbers. So appears it is okay for police to shoot at fleeing suspects even if they are not suspects and civilians can’t shoot at actual fleeing suspects. The police struck a number of houses and vehicles with their fire which was okay but civilian being charged didn’t hit anything and is a criminal. Something smells fishy, here.
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Magyar
Posted on February 9, 2013 at 9:19pmAnd let’s not forget the 11 civilians shot by New York’s finest!
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muffythetuffy
Posted on February 9, 2013 at 11:21pmWhite people can protect themselves but they will go to jail when criminal is a black.
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John.Galt
Posted on February 9, 2013 at 11:24pmWell, duh, cops endager people’s lives all the time! But they got a union to proetect them. Its us citizens that cant do that!
Oh, and what the guy did was dumb and illegal. He was no longer being threatened, so there was no reason to shoot. Then again, if he didn’t shoot, we would have never known about this story. Just showing a burglar a gun is nearly always enough to send them running and it happens a lot.
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snooop1e
Posted on February 10, 2013 at 2:37amThis is no different than the Politically Correct, Risk Averse, Zero Defects rules of engagement in Iraq and Afghanistan. If the enemy engaged us and we returned fire and the enemy realized that he could not win he would throw down his weapon and we were required to break contact and no longer engage the “unarmed enemy combatant” instead we had to pursue and attempt to “arrest and detain” the “suspect” so that he could go to trial where he would be provided legal representation at the tax payers expense and possibly be released due to lack of evidence only to later kill American soldiers on the battle field. What do we expect in a culture /country where waterboarding is torture but Abortion is “health care” where waterboarding a known terrorist is inhumane and illegal but killing him and his entire family with a Drone strike is perfectly acceptable. We have turned reality inside out and become so tolerant of others that we have become intolerant of ourselves and no longer believe that we have a God given right to defend and protect ourselves. Soldiers in Iraq and Afghanistan were engaged in 2 battles. One outside the wire and one inside the wire. Today soldiers are just as susceptible to the threat inside the wire. Politcal correctness has infected every level of the military. Generals are no longer Military leaders looking out for the well being of the troops but political appointees who share the CINC’s ideology…….
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Quester55
Posted on February 10, 2013 at 5:11amTHE LAPD, Like their fellow B.I.B., are being given a much more lax in their Friendly Fire Death Totals, these days. And now that Obama is ready to remove our Guns or AMMO, Watch these cops start ” PLOWING The Fields” As it were, And lessoning the Populations a bit more!
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lgccac
Posted on February 10, 2013 at 7:43amDear Rowgue: You don’t have a clue as to what you’re talking about.
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redfish52
Posted on February 10, 2013 at 7:59amA police officer can walk in the wrong yard and kill the owners dog because he say’s he felt threatened without repercussion so what’s the big deal with this guy defending “his” property?
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EgbertThrockmorton
Posted on February 10, 2013 at 12:15pmWhat this article (intentionally?) omits, is that this homeowner intentionally fired at all three unarmed suspects WHILE officers were on-scene chasing the pictured thug Santos-Cruz.(www.standard.net) for all of the articles on Neiderhauser’s actions.
This was never a case about gun rights, it was about one man deciding to try and take justice in his own hands by shooting at unarmed fleeing suspects while uniformed officers were already at the scene and intensely involved. All three suspects have been caught, Santos-Cruz was immediately caught on scene after a short foot pursuit by uniformed officers, and he gave up his two worthless accomplices, nothing of value was taken, and no suspect was armed or even close to being armed when Neiderhauser chose to recklessly endanger officers lives. His two rounds have never been recovered, and he has since pled guilty to firing a firearm within the city limits, which is also a minor misdemeanor, as is reckless endangerment. This is in MY neighborhood, and Neiderhauser is well known for his temper.
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kg4boe
Posted on February 10, 2013 at 4:54pmTyranny is when it is legal for the government to do what sends a citizen to jail.
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gvr4996
Posted on February 10, 2013 at 11:50pmFiring two shoots does not sound like getting “caught up in the moment”. Sound like he was saying “If you come back the next one has your name on it”. I would be happy to be his neighbor.
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Hunter10
Posted on February 11, 2013 at 10:59pmTurkey13, are you just trying to jerk our chain, or are you really that big a turkey. If you break into my house with a crow bar you will not get a warning shot – you will get your head blown off.
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FloridaFarmGirl
Posted on February 8, 2013 at 10:20pmHas anyone thought about the FACT that none of this would be in question if these criminals hadn’t acted? This man was minding his own business in the privacy of his own home and criminal thugs made the decision to steal, invade, rape, etc. etc. etc. his home. Now how is the victim at fault here? Where I grew up, my local Police Chief always told me, “If you have to, drag him into your house after you killed him, that way we are all covered”. God Bless the USA , and especially the South!! To all criminal, liberal, taker minded people: don’t even think about trying to break into my house. I am locked and loaded and prepared to defend my family.
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Taquoshi
Posted on February 9, 2013 at 9:54amSomeone I knew once was home when a guy tried to break in through the sliding glass door. She was home alone with two young children, so she grabbed her husband’s shotgun and as she ran towards the slider, she tripped on the edge of the area rug and the gun went off, blowing out the glass door. The perp took to his heels. When the cops arrived, they told her the same thing your police chief told you.
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DenverKitty
Posted on February 9, 2013 at 12:33pmFFG: God loves Florida…and so do I !! A lot of us are locked and loaded. I’m former Law Enforcement and I agree with your peace keeper…don’t forget to tear the shirt you’re wearing to show “threat of personal danger”. LOL
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eagleye
Posted on February 9, 2013 at 12:36pmFloridaFarmgirl: I’m from Layton, Utah and I know that area quite well. I can tell you that given the proximity that these shots were being fired had no one at danger at no time. The Layton city cops and city prosecuter are a bunch of crooks. They harrass people for minor petty stuff all the time. They are about as abusive as you can get. This is nothing more than a prosecuter trying to get another notch in his belt to make himself look good. As for the Old gentleman who shot at these purps,so far the story and account of what really happened has changed over a dozen times now by the media.I for one hope the old guy gets off with just a slap on the wrist. Yeh, he may have screwed up a little but he truly had no idea as to what other kinds of weapons the burglar had on him besides the crow bar.
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auhunter
Posted on February 9, 2013 at 12:43pm“drag him in”, you were told that to. That’s what a deputy in Washington told me once, drag him in at least half way through the door, then we are both covered. No warning shots, because then I will have to arrest you for reckless discharge of gun. Unfortunately that is what this guy is going to be charged with, hope the judge is lenient. Either way if the charge sticks, his right of ownership just went down the tubes. Unfortunately for this guy the charge will probably stick. The threat on his life disappeared as soon as the man turned his back on him, whether he dropped the crowbar or not. He could be charged with anything from aggravated assault with a deadly weapon to attempted murder . TURKEY13, where did you come up with this halt 3 times idea. It is not required by anyone. If a cop hollers it, it is because the criminal is running away from him and legally he can’t shoot the man in the back unless he committed or attempted to commit murder and still has his weapon. For the guy who claims it is legal in his state to shoot a fleeing criminal in the back. I would check for that law very closely or talk to a DA. As an ex-LEO, I don’t know of any state that allows that, of course I don’t know the finer points of the law in every state, but if there is ever a chance that something like that should come up for you, you had better be on solid ground before you shoot.
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suzykistaken
Posted on February 9, 2013 at 1:15pmWhat a smart woman you are…I totally agree with your remarks…this world would be such a lovely and wonderful place to live with less liberals. They constantly stir things up. My husband has been teaching me all about self-defense and I hope if there ever is a time I need to use my weapon I will handle it the way you would. Good for you!!!!
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BetterNTexas
Posted on February 9, 2013 at 1:46pmSo here’s my personal thing: I have no problem shooting a burglar point blank who is coming through my door. I have no problem shooting someone if I believe I, or my loved ones, are in danger.
I believe I could stand before God and He would judge me to be in the right. To me, that’s what’s important, regardless of what the law says.
If the guy has fled my property, at that point I could no longer believe I was still in danger and I could not, in good conscience, shoot a person in the back as they fled the scene. I could not stand before God and say I believed I was in danger of losing my life.
So if I were this guy, I would not have taken that shot–even though here in Texas we just had a case where that happened–man caught a guy trying to break into his car, he shot and killed him and fired at the getaway car. The police declared it a “clean shoot.”
But if here’s the thing–if I’m a judge and a wounded criminal or the family of a dead burglar who was committing a crime comes before me suing the person who shot him, my response is, “You were injured while committing a crime. Getting shot was the consequence for your actions. Too bad for you,” and dismiss the case. So long as it could be proved the injury/death was related to the criminal’s actions, even if the perp was shot in the back while trying to get away, I’d dismiss the case. You get shot committing a crime? Too bad for you. Don’t commit a crime, problem solved.
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Chuck Stein
Posted on February 9, 2013 at 5:29pmCommon law fleeing felon rule: citizen can use deadly force to stop the escape of a felon. Maybe Utah has abrogated the common law rule by statute, but the common law rule DOES have a basis.
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Rob in Katy
Posted on February 9, 2013 at 7:58pmBETTERNTEXAS,
So you are comfortable allowing his next victim to be robbed, killed, raped because the perp decided to run? Texas as a clause in the CHL handbook, “wherever physical forced is justified, deadly force is justified…”, it should be expanded :)
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searching for the Truth
Posted on February 10, 2013 at 9:22amNot that it is a difference, but sometimes they come back even after having been disabled before.
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AlcoholicMB
Posted on February 8, 2013 at 10:20pmThe lesson here is: no warning shots. Dead bodies have little or no paperwork.
Just yell “he’s coming right for us!” and your **** is covered.
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encinom
Posted on February 8, 2013 at 10:46pmattempted murder is attempted murder, the gun nut coward tried to shoot someone in the back. I hope he enjoys Bubba’s company.
strawberry411a
Posted on February 8, 2013 at 10:55pmStill here ENCINO “mom”. There seems to be lot of this activity in your country too.
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RJJinGadsden
Posted on February 8, 2013 at 11:00pmENCINOM, Yeah, I wish they would make his cell mate Floyd Lee Corkins. But, they have all recently been shown to be left wing loons. Go figure.
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missdagnytaggart
Posted on February 8, 2013 at 11:05pmYou won’t be jealous if Bubba take a break from you, encinom?
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Ar-shooter
Posted on February 8, 2013 at 11:56pmWhere I come from its known as shoot, shovel,shut-up !
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OBAMA IS A FOUL EVIL TRAITOR
Posted on February 9, 2013 at 12:30am@Encinom
You are an Ignorant Non compos mentis Baboonus Rectumi. You are also two french fries short of a Happy Meal!
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Lord_Frostwind
Posted on February 9, 2013 at 2:58amI seriously doubt a jury of his peers will convict him. Utah is usually pretty good about these sort of things.
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carhouse
Posted on February 9, 2013 at 5:42amSo Encinomom…. what would you have done if you were in his shoes and did NOT have a gun, pleasde enlighten us.
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macpappy
Posted on February 9, 2013 at 10:35amEncio-Troll: The only way you can ever shoot a thief is in the back, you moron. They are always running away, it’s the nature if what they do. If they stood and fought they would be called “Armed Robbers”. Your liberal brain will not allow you to process data correctly, it is really not your fault, I am sure George Bush caused your lack of thought process. In Texas we shoot thieves all the time. It’s a state sport.
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Azzman
Posted on February 9, 2013 at 10:35amIt’s too bad criminals don’t know where Enconom lives, easy target.
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3monkeysmomma
Posted on February 9, 2013 at 11:00am“Non compos mentis Baboonus Rectumi”
Dang. I gotta write that one down!
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Taquoshi
Posted on February 9, 2013 at 11:45am“Non compos mentis Baboonus Rectumi”
FINALLY, those two semesters of Latin paid off! Way to go, Obama is A Foul…..!!!!!!
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selfd59
Posted on February 9, 2013 at 12:01pmECINOM, the “Gun NUT COWARD?”….defense of one’s person and property is COWARDICE? Delusional idiots like yourself that have no clue of life’s realities, let alone the rule of law and especially the Constitution, should not vote nor walk the streets. Go to a socialist paradise like the UK or Canada, if they’ll have you’ you’re nothing resembling an American. Go, please, we don’t want idiots and cowards like yourself.
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encinom
Posted on February 9, 2013 at 12:38pmIts not self defense if they are unarmed and running away from you. Its attempted murder, only cowards shoot another in the back.
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texastommy
Posted on February 9, 2013 at 1:02pmEncinom — What is your name and address? Only a coward would post that stupid crap of yours anonymously.
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moosebeeusa
Posted on February 9, 2013 at 4:41pmThe guy has a clean record and the right permit
warning shots heard around the world.
Sent the good man home.
encinom If the guy wanted to shoot him in the back he could have. dig deeper short pockets
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vendingdude
Posted on February 10, 2013 at 12:33amfor all we know he thought the car was going to turn around and come back at him with two other guys with full autos and do a drive by…..least that’d be my story
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LeadNotFollow
Posted on February 8, 2013 at 10:10pmIn America, only criminals have rights.
Honest hardworking citizens have no rights.
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macpappy
Posted on February 9, 2013 at 10:58amIt kinda started a long time ago when a Judge decided that had labor was cruel and unusual punishment. The convict’s lawyer won a large settlement. Since then, sueing over this kinda thing has become a hugh fart blossom…because the lawyers made money. Now, we are at what you just stated, with less right than the outlaw.
Hey, but don’t fear. Before Obama is done, you will be an Outlaw too. As a matter of fact, Calf. is getting ready to make outlaws of every 2nd Admendment minded citizen in it’s state. Thats how it starts.
When they took the Fourth Admendment I was silent because i didn’t deal druges.
When they took the Sixth Admendment I was silent becuase I was innocent.
When they took the Second Admemdment I was silent because I didn’t own a gun.
Now, they have taken the 1st Admemdment and all I can do is be silent.
That how it ends.
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LeadNotFollow
Posted on February 8, 2013 at 10:07pmJust the other day, a Black woman who was robbed on a bus, chased the purse snatcher and fired eleven shots at him, but she was not arrested.
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Rebalee
Posted on February 9, 2013 at 12:16pmI heard about that. She had her hand on the gun and it came out as the purse snatcher pulled the purse away. I want a purse like that.
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Sarah_Palin_Is_God
Posted on February 8, 2013 at 9:58pmGun nuts will never understand the public’s concern about a bunch of crazy, unhinged, morons opening fire on random people during “acts” of violence. Al they want to do is kill someone, period. The gun nuts are the crazies and should be locked up accordingly.
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Dkoonz
Posted on February 8, 2013 at 10:07pmDamn to bad he missed.
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rschaetzel
Posted on February 8, 2013 at 10:09pmI don’t like the way you put it, but you are correct. This man was reckless.
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Fearnone
Posted on February 8, 2013 at 10:24pmS_P_I_G: You remind me of that white stuff in chicken $hit, it is chicken $hit too.
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Smokey_Bojangles
Posted on February 8, 2013 at 10:29pmSeems that never happens when gun nuts defend themselves. Only happens when law enforcement tries to apprehend some one. 9 victims of NYPD.4 victims of LAPD. I think we should disarm the government instead.I did see a movie the other night you would like, It was about a democrat Utopia where only the police and the military had guns.You would have loved it! It was called “Schindler’s List.”
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Walkabout
Posted on February 8, 2013 at 10:31pmOh look trolls.
He shot at them because he is freaking scared. He is scarfed of the fact that he cannot ID them & they will be back. He is afraid they will come back, when he is not home& put him in jeopardy. He is afraid they might comeback when he is sleeping. He is afraid the police won’t come when he calls 911 because after all it is “just” a burglary & they don’t have the resources.
Burglars, who escape, have a chance of getting smarter & coming up with a better plan. Oh & they will be pissed off to boot.
Have you considered that burglars could come to your house, you see them you call 911 & your call is dropped or worse.
I ask you one simple thing. WTF are you going to do?
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valiant1776
Posted on February 8, 2013 at 11:15pmObviously you didn’t read the story about police officers in CA shooting at two innocent women in a blue truck. You idiot.
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OBAMA IS A FOUL EVIL TRAITOR
Posted on February 9, 2013 at 12:36am@S_P_I_G … Go —- yourself SODOMITE!
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Lord_Frostwind
Posted on February 9, 2013 at 3:03amYou know, crazy and unhinged are relative terms. Police officers in a fire fight will usually unload every cartridge they have at someone, it is not unusual for shootouts involving 100+ rounds of ammo. Military is even worse, they expend ammo by the ton (honestly, look up the ammo to casualty ratio) and they’re the ones that pride themselves on training.
You are far safer being in the crossfire with one of the so called “crazy gun nuts” than you are ending up in the crossfire of the military or police in this country.
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katzkiner
Posted on February 9, 2013 at 3:26amWhen Santos wraps his crowbar around your empty head for your phone, you will figure out the score. Santos has been stealing since he was 9 years old, he will kill you for pocket change, go smoke with his homies and laugh about how you begged for your life.
And if you are going to use a gun for self defense, practice at least an hour a week.
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GuruMeditation
Posted on February 9, 2013 at 6:45am@Sarah_Palin_Is_God: Advice to you. Most find it difficult to take blanket statements seriously. Those who rely on them usually discredit themselves.
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macpappy
Posted on February 9, 2013 at 10:29amThe only gun nuts I have seen in my 50 + years is the damn police forces in America. Screw you and them.
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Taquoshi
Posted on February 9, 2013 at 11:48amI hope I never have to kill someone, but when it is a choice between kill or be killed, BRASS!
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encinom
Posted on February 9, 2013 at 12:40pmOnly cowards and gun nuts call shooting an unarmed man in the back self defense, in reality its attempted murder.
AmericanStrega
Posted on February 9, 2013 at 6:01pmYou sound just like my dad. He’s a moron too.
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bbhouston
Posted on February 9, 2013 at 6:21pmEncinom……What a joke. The burglar turns his back quick enough and he’s supposed to be free and clear?
If he’s shot in the back he becomes the victim? Really?
The man doing the shooting to protect and keep his property is the coward? Really?
Liberal lunacy at it’s finest.
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Whatmeworry-never
Posted on February 8, 2013 at 9:55pmAs a CCW holder my state does not require classes but as I know and work with police offciers I pick their brains. We cannot shoot folks in the back, nor if the “threat” is eliminated such as dropping the weapon, surrendering or fleeing. you cannot shoot them if they are walking out of your house with your stuff if you are in the house. Basically we have to barricade and wait for them to step over the line. Basically kick in my door and I can cap yo arse.
Snowleopard {gallery of cat folks}
Posted on February 8, 2013 at 10:09pmFairly much the same here in AZ, the only time outside of the home you may use lethal force is when your life is directly threatened by another person capable of doing bodily harm to you while they are armed.
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RivahMitch
Posted on February 9, 2013 at 11:02amThat’s why the “castle doctrine” should be law in every state.
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macpappy
Posted on February 9, 2013 at 11:06amYou guys need to move. If I am standing in my yard and catch you runnning out of my house with my property, I pull a piece, order you to stop, if you don’t I can shoot you to protect my property. Now, I know at least one TX states attorney who disagrees. We proved him wrong in front of 12 honest men.
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encinom
Posted on February 9, 2013 at 2:32pmThose weren’t 12 honest men in Texas, but 12 cowardly racists that see nothing wrong with shooting people in the back.
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Whatmeworry-never
Posted on February 8, 2013 at 9:51pmThe DA wants a conviction so he can work up the food chain to judge. The legal system is not blind, it works on a quota system. If you think a pauper has the same chance in court as a rich man then you are a fool.
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lamarlamar
Posted on February 9, 2013 at 4:15pmWall street thieves get raises for selling bunk paper, get busted for selling pot, .. do time! I remember an old comment about judicial fairness, ….. “how come it always seems that the big fish get away!”
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Magyar
Posted on February 8, 2013 at 9:36pmWhile I completely understand Niederhausen’s response, it’s one of the most important things you learn when taking your CCP class— Once the perp is retreating— the law does not consider you in immanent danger– so YOU must stand down— IF NOT, you’re going to find yourself in the same situation– ARRESTED!
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DavidZion
Posted on February 8, 2013 at 9:47pmUmmm not in Texas you can hunt them down and shoot them. None of this nonsense of wuz he running away.
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Time2fixthismess
Posted on February 8, 2013 at 9:24pmApparently when a burglar has dropped one weapon we are supposed to assume that he is now unarmed and will never return? Please…..
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taxx
Posted on February 8, 2013 at 9:16pm“I was afraid the guy would break into another house that was occupied and hurt someone.” I think that comment would suffice to call the shooting justified.
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chips1
Posted on February 8, 2013 at 9:37pmThe DA is only interested in getting a conviction. He doesn’t care if it’s only for having spit on the sidewalk. It’s a conviction and goes on his resume as a win in court. That’s how the system works. Brains isn’t a qualification for the job. Only a percentage of convictions.
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rschaetzel
Posted on February 8, 2013 at 10:10pmThe State of Florida has over 1,000,000 concealed carry holders. Everyone goes through a class. One thing they tell you…you DO NOT shoot at anyone that is running away! If you kill them or wound them, the state’s Stand Your Ground law will not protect you! This man was wrong!
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beps
Posted on February 9, 2013 at 12:17pm@wienerschnitzel: See comment Spitfire1938 to @mindless: indroctrination of WE THE PEOPLE.
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Vilgax
Posted on February 8, 2013 at 9:10pmThe difference is the in the first picture we see a man who is possibly still alive to pose for the picture because he defended himself. In the second picture we see a man who will most likely get many more chances to get a better picture with the same background.
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Inform
Posted on February 8, 2013 at 9:06pmI’d say you should be able to chase them down if you can do it in a safe way that will not injury innocent people, but that is just me.
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SpankDaMonkey
Posted on February 8, 2013 at 9:06pm.
The only good Burglar is a Severly Wounded one……
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RJJinGadsden
Posted on February 8, 2013 at 9:29pmSPANKY, You got that right!
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BODYBAG
Posted on February 8, 2013 at 9:30pmTed said it best:
http://www.youtube.com/watch?v=LCHtw6WbbnM
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Jake Dog2
Posted on February 8, 2013 at 9:06pmIf he did not have the gun he would have had his had bashed in, his stuff stolen and the police would be investigating his murder.. With the homeboys laughing.
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Jake Dog2
Posted on February 8, 2013 at 10:43pmhead*
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woodyee
Posted on February 8, 2013 at 9:01pmTHIS is why we’re always getting the short end of the stick – because we’re ASKING for it. Time some of these “leaders” stop retreating and get aggressive. We’re learning the hard way that you won’t beat the Left by agreeing to false premises or letting them set the goal posts –
“I can understand the guy getting caught up in the moment, but he’s got some explaining to do,” said Aposhian. “It’s not that he was shooting at the person necessarily, but the reckless endangerment is because he fired his gun when the rounds could have gun anywhere.”
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chips1
Posted on February 8, 2013 at 9:58pmMr. Neiderhouser was driving a vehicle into his own driveway. Nothing being done by him was out of the ordinary for a law abiding citizen. Then we have two criminals drawing him into a situation, not of his choosing and the DA brings up the possibility of prosecuting someone for something totally perpetrated by someone else? Give me a break. If you find someone sleeping in a car and you push it down the hill, if the sleeping person wakes up, anything after that is now the fault of the sleeper? BS!!!!!!!!!!
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barber2
Posted on February 8, 2013 at 9:00pmHow about a law called ” reckless stupidity ” that says that if you are dumb and morally lacking enough to try to ” re-distribute ” ( sorry, Barack ) someone else’s goods , you have the right to be shot at and possibly killed ?
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Jake Dog2
Posted on February 8, 2013 at 8:59pmThe shots were unlawful because the burglar had dropped a crowbar and was fleeing the property, according to Horton, who added that the shots could have endangered somebody’s life
Damn right it was suppose to endanger somebody’s life the burglars. Like duh police.
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mindstruct
Posted on February 8, 2013 at 9:18pmIn Utah it is unlawful to use deadly force if your life is not threatened. The burglars were outside his house running away; if they would have been in his home he could have used deadly force without any consequences. It is also unlawful to fire warning shots in Utah. If he would have listened to whoever taught his concealed carry class they go over all this. This guy gives a bad name to good gun owners.
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Spitfire1938
Posted on February 9, 2013 at 2:10amSo… @MINDLESS, what you just repeated as “Gospel” is actually just more of the BS “brainwashing” mantra that flows freely, and without restraint, from the vacuous heads of progressive buffoons! Their aim is to weaken, mislead, pervert and ultimately destroy the 2nd amendments TRUTH and effectiveness (as well as anything else their opposed to)! You’ve been cleverly brainwashed by buffoons, without ever becoming consciously aware of it! So throw off those ridiculous looking shackles… theres hope for your salvation yet!
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beps
Posted on February 9, 2013 at 12:05pm@dumbstruck: He wanted to make certain the illegal-alien burglar/thugs who brought a crowbar to a gunfight wouldn’t COME BACK! This is how you defend your property & neighborhood!!
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13th Imam
Posted on February 8, 2013 at 8:57pmSituation
Burglars break into cops house. He confronts them. They flee. The cop watches them , waves adieu. Goes back to bed.
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jessieH
Posted on February 8, 2013 at 8:57pmToo bad he missed.
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oicu814me2
Posted on February 8, 2013 at 8:55pmnot in my state. Where i live you can shoot a unarmed burgular in the back while he is running away from you..
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Vilgax
Posted on February 8, 2013 at 9:07pmPlease name your state. I will look into property there. :)
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Smokey_Bojangles
Posted on February 8, 2013 at 10:32pmA Lot depends on the attitudes of the police or sheriff’s department.
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oicu814me2
Posted on February 9, 2013 at 10:21amVilgax.. I live in Mssissippi. Look up Mississipi castle law..
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A Hoosier Says
Posted on February 8, 2013 at 8:48pmYou have to abide by the gun laws in your state, plain and simple. If you don’t know the laws and you’re a gun owner, then look them up now!
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woodyee
Posted on February 8, 2013 at 8:56pm“The State says you can only own State approved firearms, and only in State armories.”
Go ahead and abide by that.
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woodyee
Posted on February 8, 2013 at 9:02pmFurthermore, if you HAVE to abide by the laws of your state, you have no Rights.
Words mean things.
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God_Country
Posted on February 8, 2013 at 9:02pmRight just like LAPD are shooting citizens while looking for the cop killer BUT THAT’S OK BE COPS CAN DO ANYTHING THEY WANT AND GET AWAY WITH IT.
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mrunner
Posted on February 8, 2013 at 9:04pmAgreed. Have my ccw and carry regularly. It would never come out unless I was willing to use it and face the legal repurcussions. Castle doctrine state- if they are in my “castle” … one less perp.
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mindstruct
Posted on February 8, 2013 at 9:22pmVery true Hoosier.
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RJJinGadsden
Posted on February 8, 2013 at 9:32pmA HOOSIER SAYS, On top of your state’s unknown number of gun laws, you also have local ordinances as well as over 9,000 federal gun related laws. If you own a gun I do ask you to start quoting those to me off the top of your head.
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A Hoosier Says
Posted on February 8, 2013 at 11:16pmRJJinGadsden-
Seriously? We’re not talking about an umbrella of thousands of federal, state, and local laws. We’re talking specifically about self defense gun laws that involve personal property. That narrows it down to a few laws. For example, in my state, IC 35-41-3-2 and IC 35-41-3-3 comes to mind. These are laws that effect me when it comes to self defense. These are laws that have effected many across my state and in my city throughout the years. I’ve heard the stories, read the cases, and seen the results. Stop nit picking over a statement that was meant to help the readers on here. How about instead you enlighten us all with a better suggestion than I had?
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beps
Posted on February 9, 2013 at 11:53am“No authorization”; really?! The SECOND Amendment is all the authorization Americans need. All these ‘fine lines’ are UNCONSTITUTIONAL “infringement”.
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75cents
Posted on February 8, 2013 at 8:46pmInsane : 1 Shot 2 shots done!
Lay gun down ! Call police !
Then call Lawyer ! The world becomes a better place !
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AUsername
Posted on February 8, 2013 at 8:45pmJury Nullification all say Not Guilty! is an easy legal way to destroy tyranny.
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BBEV
Posted on February 8, 2013 at 8:57pmAmen
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Marine25
Posted on February 8, 2013 at 8:57pmBetter hope his neighbor woman, mother of three, isn’t on that jury.
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woodyee
Posted on February 8, 2013 at 8:58pmHe’s copping a plea, erah, agreeing that he’s guilty – of SOMEthing, so he won’t see a jury.
I wish the Blaze reporters had time for a little investigative journalism. I’d like to know at LEAST as much about the dirtbag as we know about Niederhauser.
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dosdelgados
Posted on February 9, 2013 at 11:32amBetter hope El Niño doesn’t get the opportunity to come back for more, like a mother of three.
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The-Monk
Posted on February 8, 2013 at 8:32pmFunny how without reading anything except the headline and just looking at the photos I immediately knew who was who.
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Jake Dog2
Posted on February 8, 2013 at 8:40pmMonk
You are right the one is a real homeboy. I need not say with one.
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Jake Dog2
Posted on February 8, 2013 at 8:45pmDamn paws *wich one
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BODYBAG
Posted on February 8, 2013 at 8:47pmRobert Santos Cruz —- the article doesnt state whether he is an ILLEGAL INVADER.
I would have aimed for the head shot. Nothing “reckless” about that.
Just a call in to have them come pick up the corpse.
Game over.
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Darmok and Jalad at Tanagra
Posted on February 8, 2013 at 9:26pmI would say they need to rally around the house owner, and get him shooting lessons. More practice, and he wouldn’t even be in this situation.
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RJJinGadsden
Posted on February 8, 2013 at 9:42pmHi MONK, LOL, I find myself agreeing with DARMOK on this.
These home owners are going to have to start using handguns like the SSK Industries Thompson Contender conversions. Back in the mid ’80s they were making these suckers in .30-06 and other nasty calibers. Little wonder how they came up with the name hand cannons. Of course, you cannot fear the recoil, and yeah, you need to practice reloading the break barrel single shot quickly. I have fired a standard TC Contender in .44 mag, and with practice one can reload rather rapidly. But, with a caliber like a .30-06 he probably will not need to reload.
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Darmok and Jalad at Tanagra
Posted on February 8, 2013 at 9:50pmBy the Way RJJ, go get soy, he is being a putz tonight.
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The-Monk
Posted on February 8, 2013 at 9:53pmHi RJJ and Darmok,
The problem is that if he’s found guilty or pleads guilty he wight not be able to own any guns to take some target practice….
My interpretation of this situation would have been…. “When he dropped the crowbar I feared it was so he could reach for a gun so I shot at him”.
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Darmok and Jalad at Tanagra
Posted on February 8, 2013 at 9:56pmLast year I bought my mom a Judge, she loves that thing. I had her load the first 2 with a 410 shell, and the next three with the .45 long. As I told her, you shoot at the bad guy with the first 2, if he is still coming at you, the next 3 will kill him.
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The-Monk
Posted on February 8, 2013 at 10:03pmShoot…. it’s 10pm already, gotta start getting ready for work.
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Darmok and Jalad at Tanagra
Posted on February 8, 2013 at 10:06pmRJJ and Monk:
My choice of home protection is my PS90. Very compact, one touch laser sight, and 50 rounds, plus great stopping power. And if I need to, my .45 auto, and 9mm for backup, and my wife backs me up with her .32 cal. and of course you always live by Zombieland Rule #2, Double Tap.
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Darmok and Jalad at Tanagra
Posted on February 8, 2013 at 10:18pmHey Monk:
Have a good night at work. Be safe.
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The-Monk
Posted on February 8, 2013 at 10:49pmHi Darmok,
I will…. or like my P-51D pilot Crazy-Horse likes to say when people tell him to have a good day….
“I will… and if I don’t, it will be my own damn fault”.
LOL
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RJJinGadsden
Posted on February 8, 2013 at 11:13pmDARMOK, I envy you that PS(). Excellent weapon. I attended a War Fighter Convention at Ft McClellan in the mid ’90s and was escorting a COL who was being promoted to General and was to assume a major position in the California National Guard. Part of the range exhibitions had reps from FN/USA there with the P90. That COL observed while he had me send probably over a thousand rounds down range at various targets. Absolutely a beaut of a weapon and so easy to become an instant marksman. LOL, part of the targets FN provided were French manufactured helmets painted blue. At the time I could definitely see it as a weapon for any vehicle crew, but it only went to Spec Ops.
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RJJinGadsden
Posted on February 8, 2013 at 11:25pmMONK, have a good night tonight, and for God’s sake watch out for that security guard!
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Marine25
Posted on February 9, 2013 at 1:32pm@bodybag
Nothing reckless about a headshot on a moving target? Go back to your video games son.
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