Forum Settings
       
Reply To Thread

You kids stay off my lawn!Follow

#52 Mar 22 2006 at 12:42 PM Rating: Decent
Jophiel wrote:

  • This is a pretty sh[Aqua][/Aqua]itty lawn to shoot someone over.


  • Kinda hard to keep your lawn looking nice when punk kids are all over it!
    #53 Mar 22 2006 at 12:53 PM Rating: Excellent
    Will swallow your soul
    ******
    29,360 posts
    Seriously. Maybe the kid was standing there throwing out handfuls of crabgrass seed. Or peeing.
    ____________________________
    In a time of universal deceit, telling the truth is a revolutionary act.

    #54 Mar 22 2006 at 1:06 PM Rating: Default
    Taken From This Link

    Quote:
    Deadly Force to Protect Property

    "A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."

    "A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"



    AND.......

    Quote:
    Reasonable Belief

    "It is not necessary that there should be actual danger, as a person has the right to defend his life and person from apparent danger as fully and to the same extent as he would have were the danger real, as it reasonably appeared to him from his standpoint at the time."

    "In fact, Sec 9.31(a) [of the Penal Code] expressly provides that a person is justified in using deadly force against another when and to the degree he reasonably believes the force is immediately necessary."




    In short, dont fu[Antiquewhite][/Antiquewhite]ck with a Texan!

    Edited, Wed Mar 22 13:07:40 2006 by Katie
    #55 Mar 22 2006 at 1:10 PM Rating: Decent
    Tracer Bullet
    *****
    12,636 posts
    gbaji wrote:
    Don't know the particulars (no more then's been posted here), but a couple things stick out.

    First off. The kid was 15. While that's still a minor, I think the term "child" is a bit inaccurate since it brings up images of someone much younger and less responsible for his actions.

    I hope you're referring to Flea's post two above yours, because that was the only time in the entire thread that the word "child" appears. It's certainly not in the article.


    #56 Mar 22 2006 at 1:10 PM Rating: Excellent
    Will swallow your soul
    ******
    29,360 posts
    Okay, so according to that if the kid were running across the lawn with a lit torch, the nutjob might have been justified.

    Well, you know, I think we already agreed with that. A person wielding fire is a credible threat.
    ____________________________
    In a time of universal deceit, telling the truth is a revolutionary act.

    #57 Mar 22 2006 at 4:33 PM Rating: Decent
    **
    609 posts
    I doubt this was in any way pre-meditated in the sense that he set out to do it on a specific date etc. However, a crime like this, something that just results from a spur of the moment action, was obviously fantasized about. He probably thought of killing the boy and/or his parents in the past.

    What really strikes me about this crime is, that from what I have heard, he shot the boy twice. He eventually did realize what he had done, but to shoot twice would suggest that he had a seething and perhaps even insane hatred for this boy. It's one thing to think about it, another to act on it, but yet another to act on it twice.

    I don't think this man qualifies as truly insane, but he definately has some serious anger issues. It's doubtful that he'll get off on an insanity plea if he was to use it.

    Something that is somewhat of a shock to me is the lack of sympathy for the boy. Heck, even I don't sympathize with him honestly. I think most people that listen to this story would probably know what kind of kid that was. Still, from the phone call he said that the boy was lying out in the yard dead. It's really a grim image to picture, let alone see. I would hate to have been a witness or police/paramedic responding to the call.
    #58 Mar 22 2006 at 4:34 PM Rating: Good
    *****
    18,463 posts
    gbaji wrote:
    Don't know the particulars (no more then's been posted here), but a couple things stick out.

    First off. The kid was 15. While that's still a minor, I think the term "child" is a bit inaccurate since it brings up images of someone much younger and less responsible for his actions.

    Child is accurate, under the law if not biologically. He was a minor, below the age of 18. Biologically speaking, he was neither physically or emotionally mature.


    Edited, Wed Mar 22 16:35:33 2006 by Atomicflea
    #59 Mar 22 2006 at 7:48 PM Rating: Good
    Encyclopedia
    ******
    35,568 posts
    The Glorious Atomicflea wrote:
    gbaji wrote:
    Don't know the particulars (no more then's been posted here), but a couple things stick out.

    First off. The kid was 15. While that's still a minor, I think the term "child" is a bit inaccurate since it brings up images of someone much younger and less responsible for his actions.

    Child is accurate, under the law if not biologically. He was a minor, below the age of 18. Biologically speaking, he was neither physically or emotionally mature.


    I was just pointing out the tendency for people, when given a choice of words to describe something, will often use the *least* correct one that can still "technically" be correct in cases where it most presents a viewpoint that they want presented.


    Common definitions of "child" are someone between birth and puberty. In fact, if you look up the definition of the word, that is by far the most common general usage (except when used specifically to denote lineage).

    The "most correct" legal term for a 15 year old in this case is "minor", followed by "teen". My observation though is that people will use the word "child" when they want their audience to see the person in question as an innocent and harmless victim. If the same 15 year old had been the perpetrator of the crime, you'd likely have used the word "teen", or "juvenile" instead...


    Didn't mean to make any point with that other then how people choose to use words in situations like this.
    ____________________________
    King Nobby wrote:
    More words please
    #60 Mar 22 2006 at 8:06 PM Rating: Excellent
    Will swallow your soul
    ******
    29,360 posts
    You mean, like using words to state that property owners have a right to commit murder in order to prevent or punish a trespasser, who is committing a misdemeanor crime or (in some jurisdictions) a civil tort?

    Yes, I see where that sort of inaccuracy might be vexing.
    ____________________________
    In a time of universal deceit, telling the truth is a revolutionary act.

    #61 Mar 22 2006 at 8:20 PM Rating: Excellent
    Liberal Conspiracy
    *******
    TILT
    gbaji wrote:
    My observation though is that people will use the word "child" when they want their audience to see the person in question as an innocent and harmless victim.
    As opposed to a vicious and predatory lawn walker like this son of a ***** was before the old guy plugged 'im.
    ____________________________
    Belkira wrote:
    Wow. Regular ol' Joph fan club in here.
    #62 Mar 22 2006 at 8:44 PM Rating: Good
    Encyclopedia
    ******
    35,568 posts
    Jophiel wrote:
    gbaji wrote:
    My observation though is that people will use the word "child" when they want their audience to see the person in question as an innocent and harmless victim.
    As opposed to a vicious and predatory lawn walker like this son of a ***** was before the old guy plugged 'im.


    Well... The guy did say he'd been "harassed for 5 years" by this kid and his family. You and I don't know exactly what that entailed. For all you know, this kid was regularly running around this guy's yard and tearing it apart for fun and taunting him about it. Or the guy could have been a bit mental and the voices in his head made him think that some kid just walking along was somehow harassing him. We wont know that until there are more details of the case available.
    ____________________________
    King Nobby wrote:
    More words please
    #63 Mar 22 2006 at 8:49 PM Rating: Excellent
    Liberal Conspiracy
    *******
    TILT
    Having seen the lawn in question, the kid would have to do a whole lot of "tearing it apart" before anyone would notice Smiley: laugh

    There really isn't any quantity of turf damage someone could do to make me justify capital punishment for it.
    ____________________________
    Belkira wrote:
    Wow. Regular ol' Joph fan club in here.
    #64 Mar 22 2006 at 9:05 PM Rating: Good
    What the old man said before shooting the kid wrote:
    The path of the righteous man is not across my lawn and is beset on all sides by the iniquities of the selfish and the tyranny of evil men. Blessed is he, who in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost grass blades. And I will strike down upon thee with great vengeance and furious anger those who would attempt to poison and destroy my lawn. And you will know my name is the Lord when I lay my vengeance upon thee.
    #65 Mar 22 2006 at 9:52 PM Rating: Good
    Encyclopedia
    ******
    35,568 posts
    Jophiel wrote:
    Having seen the lawn in question, the kid would have to do a whole lot of "tearing it apart" before anyone would notice

    There really isn't any quantity of turf damage someone could do to make me justify capital punishment for it.


    I'm thinking your lawn might look that crappy too if some kid tore it up every day for 5 years...


    Besides. Are you now trying to suggest that the quality of someone's property changes their rights? So if I steal a *crappy* car, it's not as big of a crime as stealing a really nice one? Ultimately, property rights don't care much about the state of the property. If it's "mine", I have rights to protect it. My yard is just as much legally mine whether it's immaculately manicured, or wildly overgrown. Doesn't change a thing legally.
    ____________________________
    King Nobby wrote:
    More words please
    #66 Mar 22 2006 at 10:07 PM Rating: Good
    *****
    14,454 posts
    you still havent answered my question on how much you thought the comparison of the prices of a shotgun shell to that of defense lawyers and a great possibility of losing ones freedom is
    #67 Mar 22 2006 at 10:12 PM Rating: Excellent
    Liberal Conspiracy
    *******
    TILT
    gbaji wrote:
    I'm thinking your lawn might look that crappy too if some kid tore it up every day for 5 years...
    I think you're making up things about this kid and the lawn.
    Quote:
    Besides. Are you now trying to suggest that the quality of someone's property changes their rights? So if I steal a *crappy* car, it's not as big of a crime as stealing a really nice one? Ultimately, property rights don't care much about the state of the property. If it's "mine", I have rights to protect it. My yard is just as much legally mine whether it's immaculately manicured, or wildly overgrown. Doesn't change a thing legally.
    Nope, sure doesn't. When I start justifying murder in defense of a snappy car though, you get right on calling me out for it! Smiley: rolleyes
    ____________________________
    Belkira wrote:
    Wow. Regular ol' Joph fan club in here.
    #68 Mar 22 2006 at 10:25 PM Rating: Good
    Encyclopedia
    ******
    35,568 posts
    Lady DSD wrote:
    you still havent answered my question on how much you thought the comparison of the prices of a shotgun shell to that of defense lawyers and a great possibility of losing ones freedom is


    Lol. That was a joke... mostly.

    Besides. I was comparing the price of shotgun shells to the cost of building a fence. Different issue...


    The point is still valid IMO. You're trying to argue that the owner of some property is somehow required to spend significant amounts of money to protect it, not because that's the most cost effective way, but because that's a way that doesn't get someone else potentially hurt or killed. So, it's more important to protect someone who's violating my property rights, then my rights as a property owner. After all the *only* reason for someone to argue that he should have built a fence is if you assume that it's the property owners responsiblity to pay money to prevent someone else from violating his property. My counter was that shotgun shells did the job just as well and cost a heck of a lot less.

    In the absense of laws to the contrary, is it not true that me shooting anyone who walked onto my property uninvited would be a far cheaper way of keeping them off that property then me building a fence? It's only because of layers of law attempting to protect those violating other's rights that we're even having this conversation.

    I'm not saying those laws are wrong. I *am* saying that those laws do put an undue burden on the property owner in cases like this. It's entirely possible that this guy "snapped" specifically because the law protected the tresspasser more then the property owner. It is clear from his original 911 call that he felt he'd been harassed for 5 years by the teen in question. While it could certainly be that this guy just went nuts one day, I suspect if he felt there was an easier way to keep this kid off his lawn, that didn't require him to spend thousands of dollars, he probably would have taken it instead.


    Again. I'm just looking at what we know, and the huge amounts we *don't* know, and playing a bit of devils advocate. We can't jump to conclusions here.
    ____________________________
    King Nobby wrote:
    More words please
    #69 Mar 22 2006 at 10:30 PM Rating: Good
    *****
    14,454 posts
    Quote:
    Lol. That was a joke... mostly.

    Besides. I was comparing the price of shotgun shells to the cost of building a fence. Different issue...


    no, actually, its not.

    A fence may cost more than a shotgun shell itself, but when used on a human, the cost of that one tiny, or two in this case, shotgun shells dramatically cost more than the fence would have. Add in the potential to be thrown in jail, and I think we can safely say the guy had other more viable options to "save his lawn" if he really wanted to by putting up the fence if it bothered him *that* much
    #70 Mar 23 2006 at 8:35 AM Rating: Good
    ****
    4,596 posts
    Quote:
    You're trying to argue that the owner of some property is somehow required to spend significant amounts of money to protect it, not because that's the most cost effective way, but because that's a way that doesn't get someone else potentially hurt or killed. So, it's more important to protect someone who's violating my property rights, then my rights as a property owner.


    Yes, that is exactly right. That's the same reason we are required to carry insurance, or drive on the right side of the road, or all of the things we are required to do that are not the most beneficial or convenient for ourselves or our property, but yet allow us to function as a society. In a society we make sacrifices for the greater good, in return we recieve the benefits of living in a society.

    I need to accept that sometimes people might cut across my lawn, in return I don't have to worry about scraping my kid's guts off of the sidewalk if he veers off course on his bigwheel.

    I need to obey traffic laws, in return I don't have to worry about someone going 150 MPH down the wrong side of the expressway plowing into me because he feels that his car runs better in that lane and it's his car so it's his right to drive whereever he wants.

    I need to follow zoning ordinances, I can't build a 1000 foot tall tower of spikes in my front yard, in return I don't have to worry about being impaled walking down to the park, by someone who felt it was his right to build whatever he wanted, however he wanted on his property.

    I can't run a jet engine all night long in my garage, in return I know that I can count on getting a good nights sleep before work every day.

    This man had plenty of ways to go about solving his problem. Did he sit down and discuss his concerns with the family in a polite and constructive manner? Did he actually go out and talk to the kid while he was cutting across his lawn? If that didn't work he could have taken pictures with a $3 disposable camera, or videotaped the kid cutting across the lawn and called the police every time it happened, or taken the kid's parents to court, or just lived with the kid cutting across the lawn, or even just moved away.

    Taking the kids life was irrational, I hope they put him away for the rest of his life, obviously he is unable to function as a member of society.
    ____________________________
    Nicroll 65 Assassin
    Teltorid 52 Druid
    Aude Sapere

    Oh hell camp me all you want f**kers. I own this site and thus I own you. - Allakhazam
    #71 Mar 23 2006 at 8:42 AM Rating: Good
    *****
    18,463 posts
    gbaji wrote:
    I was just pointing out the tendency for people, when given a choice of words to describe something, will often use the *least* correct one that can still "technically" be correct in cases where it most presents a viewpoint that they want presented.


    Common definitions of "child" are someone between birth and puberty. In fact, if you look up the definition of the word, that is by far the most common general usage (except when used specifically to denote lineage).

    The "most correct" legal term for a 15 year old in this case is "minor", followed by "teen". My observation though is that people will use the word "child" when they want their audience to see the person in question as an innocent and harmless victim. If the same 15 year old had been the perpetrator of the crime, you'd likely have used the word "teen", or "juvenile" instead...


    Didn't mean to make any point with that other then how people choose to use words in situations like this.

    Then you have a letter to write to the authors of the original piece, who used the term "boy". I'm sure you'll come up with reasons why that also doesn't apply, and why it's a liberal whitewashing of someone who was obviously more evil and mean-spirited than suggested. Got it.
    #72 Mar 23 2006 at 10:10 AM Rating: Excellent
    Liberal Conspiracy
    *******
    TILT
    In any event, the police weren't convinced that his property rights extended to firing multiples rounds into passing teenagers to protect his lawn seeing as how they charged him with murder. There will, of course, be a court trial but if Mr. Martin was fully and clearly in his rights, you'd expect him to be released from custody after the initial questioning.
    ____________________________
    Belkira wrote:
    Wow. Regular ol' Joph fan club in here.
    #73 Mar 23 2006 at 12:29 PM Rating: Good
    **
    811 posts
    Reminds me of this one kid who had this "go-kart" thing he'd drive around on just any random persons' lawn doing "donuts". Luckily he got killed in a car wreck so lawns can live without fear from him now.

    Edited, Thu Mar 23 12:30:50 2006 by Vensuvio
    #74 Mar 26 2006 at 7:41 PM Rating: Default
    **
    557 posts
    "bodhis...etc" wrote:
    Not saying the kid had to be wielding an axe and chopping down the guys door.


    I know what happened. There the man was, minding is own business on his front lawn.. all of sudden he hears the kid shouting "lerroooyyyyyy jenkinsssssssssss"!
    #75 Mar 26 2006 at 9:46 PM Rating: Decent
    TWA wrote:
    Some innane fuc[red][/red]ktardery



    Your posting name is missing a "T". Please fix.
    #76 Mar 27 2006 at 12:48 AM Rating: Default
    **
    557 posts
    "baron von ball<3r" wrote:

    Your posting name is missing a "T". Please fix.



    Wow did you just see that? I think you e-peen just grew a litttttle bit bigger!


    Edited, Mon Mar 27 00:55:23 2006 by TWA
    Reply To Thread

    Colors Smileys Quote OriginalQuote Checked Help

     

    Recent Visitors: 398 All times are in CST
    Anonymous Guests (398)