Repo Company Takes the Wrong Vehicle

[justbroke]

one instance i remember a homeless man walked into a business unarmed and asked if owner could spare some change...he was shot by owner because he felt threatened...and was not charged

Please provide a direct cite on a case or new article containing the facts. I can tell you right now, that in Florida, a man was convicted after he shot his neighbor after the neighbor entered his property and hit him with a garden hose. It's not so simple as shoot whoever you want when you feel threatened. You must be able to articulate the threat.

There's also a tow truck driver in Florida still on trial after he shot a driver who tried to run him over. Clearly a threat that you can articulate. Even the tow truck driver, still fighting to be free stated to the police and in every interview "I was scared to death". So, just being "scared to death" is not enough to articulate a particular threat.

Another case in Florida that was just decided after a trial, was the Podany case. In that case, the defendant claimed self defense after shooting a much younger man in the head during a fight. He was able to "articulate" a threat and fear of grave bodily harm.

It's not that simple to shoot someone just because you can say that you were in fear of death or grave bodily harm. You must be able to articulate the circumstances, and they better be good.

Note, that in both cases I listed in Florida, the people were both charged with felony murder. One acquitted, the other still fighting for freedom.

[BigJohn]

The problem with gun laws is they are not the same for each State. Heaven forbid if you use a handgun in New Jersey for self defense, but in Arizona, it generally is not a problem.

When a person uses a gun, there is always the possibility there might be legal ramifications afterwards. After the so-called gunfight at the OK Corral, Wyatt Earp and Doc Holliday got arrested and actually spent time in jail for their role in the gunfight.

Even the type of gun and the calibre of the gun can get you in trouble in various parts of the country.

[Bell30656]

You have to convince 12 men and women that weren't smart enough to get out of jury duty that you were truly in fear for your life and HAD to use deadly force. Keep in mind that if you use a large enough caliber weapon the victim won't be testifying against you. When scared you should always empty the magazine.

[BigJohn]

I got to agree.

An old saying is "It is better to be tried by 12 then to be carried by 6."

[Flamingo]

the difference bigboy....is i dont post mindless dribble...and ramble on like you do....now you want to drag me into another irrelevant discussion....i merely posted that what you said was a riduculous statement as usual....discussing what is or is not a criminal act....is what YOU seem to be the authority on....although once AGAIN....you are wrong

First, Junker...BigBoy posted some very excellent information in this thread to the OP (go read his posting about possible damage to the "mistakenly" taken vehicle and damage it may have incurred by the repossession guys). Also, not everyone in this forum gets along...if a poster irritates you, the ignore feature is there for a reason...also, put yourself in the OP's place - what the heck happened to the original subject?

And as to BigBoy, you are just as guilty as you attempted to call out a few posters in postings in this thread also which could be taken as irritating and trying to start a fight.

If this thread does not get back on topic, it will be closed.

[All Cash]

I don'[t know how you jump to actual burglars (burglary of a residence), to killing trespassers. Perhaps you should retain a lawyer just in case you decide to exercise what you believe is your right. There are many people in jail now who believed that the force that they used was justified.

If you live in Texas, perhaps that defense may work. I would just strongly caution anyone even talking about shooting whoever enters their property... seek legal counsel now.

Whether you have an affirmative defense or not will depend on the facts as they are laid out. While States like Texas and Florida have very liberal "castle doctrine" and "stand your ground" laws... the authorities will still look at your particular circumstances and your State's laws will prevail.

Re-read my post and the article and try to comprehend it.

[justbroke]

Re-read my post and the article and try to comprehend it.

Trust me, I do comprehend what you wrote. I study these types of cases in my State. So please re-read what I wrote. It was a statement about "this may not work in your locality". Nothing more. You posted an article about a person in Texas. It is pretty well established that in Texas, this is okay. (As I wrote earlier, if you live in Texas... happy hunting.)

As for the original poster and their issue with a Repo Man coming on to their property, the question still remains, for me, whether in his particular case, in his particular State, whether he had any recourse to use any force should he had encountered the Repo Man on his property.

I think they owe him for loss of use, any actual damages, and perhaps even some extra for the hassle.

My posting was only that one should use all due caution when dealing with the Repo Man. FWIW, I live in a weapon friendly State, have the requisite license to carry said weapons, and do so daily.

[junker]

Justbroke....the case i was referring to happened about 4 years ago in Jacksonville...which is heavily redneck conservative....i imagine the DA was also...a little more to what happened..the homeless man was black..store owner white... the store owners daughter and wife were in another room and the homeless man...which was shot...but survived....apparantly argued with store owner and wouldnt take no for answer about giving him change...BUT DID NOT get physical with him....the store owners defense was he feared for his family....the DA did NOT prosecute...i imagine other areas of Florida especially southern florida are a little more liberal...and would question this more...but Jacksonville?? they are about 90% conservative confederate flag waving bible thumping republicans....much more often than not...shootings are justified there....

[justbroke]

Justbroke....the case i was referring to happened about 4 years ago in Jacksonville...

I remember this one. As a juror, I could have reached the conclusion that the homeless man was threatening and the owner didn't know what the man would do, and may have, in fact, been in fear of his life!

You're right, it doesn't take much in Florida to stand your ground, but in a store... a shopkeeper has absolutely no duty to retreat and can defend his "castle". This would be much more different if this occurred out on the street.

Thanks for refreshing my memory!

[BigJohn]

For store owners, robbery is a real issue. A store near me that opened after I opened my store has been robbed three times. I spoke to the owner after the last robbery. The employee had just started there, I believe that week. When the store got robbed, she was the clerk that had to contend with the man with the gun. Consequently, she quit on the spot.

The owner said, she was only 16 years old. What a way to start in the working field.

[BigJohn]

As for my store, we do have a written policy on how to handle robberies and another policy on how to minimize our losts if we do get robbed.

From whay I have been able to see, most stores do not have either type of policies.