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Shooting raises questions over self-defense (NM)
kob.com ^ | 5 July, 2009 | Jeff Maher

Posted on 07/06/2009 4:14:51 AM PDT by marktwain

A bizarre shooting in Belen leaves a former corrections officer dead, and a former Marine in jail charged with his murder. The shooting is once again raising debate over what's considered self defense.

The brother of the person who was shot and the suspect's friend each have very different opinions about what happened.

The incident happened around 10:15 Saturday night at Enchantment Propane. Evidence of a break-in was still visible on Sunday. The murder that happened in the midst of the burglary is likely going to extend a long-standing debate for years to come.

Louie Gabaldon still has a lot of unanswered questions about the death of his little brother, 29-year-old Gary Gabaldon, killed on the night of July 4.

"Gary would never steal from anybody. He's not a thief, and nobody deserves to kill anybody or shoot anybody and try to justify self-defense. You don't kill anybody, you just don't," Louie Gabaldon said Sunday.

Gabaldon says his brother was a former corrections officer.

Deputies say 38-year-old Luke Sanchez, a former Marine who served as a military policeman, was driving back to his farm in Belen when he spotted Gabaldon and another suspect stealing supplies from Enchantment Propane.

They say Sanchez called police, but also drove closer to the suspects to try to get their license plate number.

Deputies say he got too close-- Gabaldon spotted him, ran over to his car and broke the driver's side window.

David Dawson is close friends with Sanchez, and says he was just defending himself.

"They were bashing his windows in and he was screaming for them to leave him alone," Dawson said.

After a short fight, deputies say Sanchez pulled out his gun and shot Gabaldon in the head, killing him.

Sanchez remained on the scene until he was arrested.

The other suspect took off and is still on the loose. The suspect's vehicle was recovered, along with the stolen property.

Dawson told Eyewitness News 4 on Sunday, "So they've actually got him locked up right now for trying to defend himself from people bashing in his car to try and get at him."

Deputies say investigators had enough evidence to determine it was not self-defense, but murder.

Valencia County Sheriff's Deputy Chris Trujillo said, "We rely heavily upon our citizens, our residents of the county to report crimes to us. We never want them to approach these individuals, or get within close contact where something like this could occur."

Gabaldon says his brother and Sanchez, at one time, were family.

"Well I know that Luke Sanchez was the cousin of the father of my brother's ex-girlfriend, and there's more to it of this story than what's being said, and I'm going to get to the bottom of it," he said.

Friends of Sanchez say he is scheduled to be arraigned on Monday. They hope the judge will drop the murder charge. Gabaldon's family hopes that charge remains.


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: New Mexico
KEYWORDS: banglist; burglary; defense; nm
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There may be facts that are not apparent from the article, but if someone is bashing the windows on my car trying to get to me, I would ordinarily thing that justified deadly force.

I find the claim of a relationship by the burglar's brother "Well I know that Luke Sanchez was the cousin of the father of my brother's ex-girlfriend," to be rather weak.

In New Mexico, your car is considered an extension of your home, and you do not need a concealed carry license to carry a firearm in your car.

1 posted on 07/06/2009 4:14:53 AM PDT by marktwain
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To: marktwain
There may be facts that are not apparent from the article, but if someone is bashing the windows on my car trying to get to me, I would ordinarily thing that justified deadly force.

I totally agree about the facts not apparent . . .

but if someone is bashing the wondows on my car trying to get at me, I would think that justified leaving.

I feel for the guy losing his little brother, but why is it that every person shot while committing a crime becomes an immediate saint who never does/did anything wrong? When is anyone going to be quoted saying, "Yeah, the guy's been a thug all his life and totally deserved that bullet in the head"?

2 posted on 07/06/2009 4:23:00 AM PDT by Quiller (When you're fighting to survive, there is no "try" -- there is only do, or do not.)
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To: marktwain

There is enough evidence to charge the former Marine with murder? That evidence is not shown in this article. It will be interesting to see what the foundation is for the charge. Otherwise, this guy should be patted on the back for good judgement (carrying a weapon for self defense, for being willing to get involved) and set free immediately.


3 posted on 07/06/2009 4:23:36 AM PDT by Bulldawg Fan (Victory is the last thing Murtha and his fellow Defeatists want.)
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To: marktwain


"My cousins fathers uncles girlfriends third cousin twice removed's roommate!"

What does that make us??!!

Absolutely nothinh!
4 posted on 07/06/2009 4:23:42 AM PDT by ketelone
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To: marktwain
Your brother was stealing.

Then he was bashing in the car windows of " the cousin of the father of my brother's ex-girlfriend.

Your former brother, the former corrections officer was a thief and probably would have killed Sanchez had he had a chance.

5 posted on 07/06/2009 4:24:06 AM PDT by VicVega (Join Jihad, get captured by the US and resettled in the best places in the world. I love the USA)
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To: marktwain

“The incident happened around 10:15 Saturday night at Enchantment Propane.”

The first thought to come to mind?

Hank Hill!


6 posted on 07/06/2009 4:41:17 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: marktwain
Dawson told Eyewitness News 4 on Sunday, "So they've actually got him locked up right now for trying to defend himself from people bashing in his car to try and get at him."

Protective custody?

just a thought

7 posted on 07/06/2009 4:43:23 AM PDT by Roccus (The Capitol, the White House, the Court House...........America's Axis of Evil)
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To: Quiller

agree! If you punched out the window of the President’s limo, and where then shot by the Secret Service, would THEY be charged with murder? Or is there a double standard here? What’s the difference???


8 posted on 07/06/2009 4:53:42 AM PDT by 2harddrive (then)
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To: Dr. Bogus Pachysandra

That would be Strickland Propane in Arlen, Texas.

As Hank Hill would say (about the thief).....
“the boy ain’t right.”


9 posted on 07/06/2009 4:54:05 AM PDT by july4thfreedomfoundation (If Randy Cunningham is in prison for corruption, then why isn't Diane Feinstein locked up as well?)
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To: Roccus
Valencia County Sheriff's Security Bureaucrat Deputy Chris Trujillo said, "We rely heavily upon our citizens, our residents of the county to report crimes to us.(The people know where the crime is and are there first. We're out writing tickets for revenue ) We never want them to approach these individuals, or get within close contact ( We want you to be passive tax extracted sheeple )where something like this could occur.( You are taking away our reason for existence. If people man up and start guarding their property, crime would drop and there would be no need for my friends and fellow union members and we would have to work in the dreaded private sector( DPS ) where we no longer have the skills of industry, attention to detail..."
10 posted on 07/06/2009 4:54:16 AM PDT by Leisler ("It is terrible to contemplate how few politicians are hanged."~G.K. Chesterton)
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To: Bulldawg Fan

Makes no sense. He did call the police first. When he went to get closer to get the plate, they went after him, instead of running. Then Sanchez waited for the police to arrive. Yeah, that sounds like a murderer to me. Hellooo??????


11 posted on 07/06/2009 4:57:24 AM PDT by panthermom
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To: marktwain

The shooting is once again raising debate over what’s considered self defense

I stopped reading here as the details of the case ARE NOT relevant to the definition of self defense.
The right to self defense exists under our laws.It is clearly defined and spelled out in those laws.
The details only become relevant if the local DA has reason to question those details and then it could become a debate for a jury.
All that said I have an instictive right to self defense that only I can decide what it is or is not.
What does the bumper sticker say? Rather tried by 12 then carried by 6?
No police officer,no judge ,no jury is going to be standing next to you when the time comes for you to decide if you live or die or if some other person lives or dies. If your wife or kids live or die or the neighbors kids lives or dies.
You have a split second to make that decision on your own.


12 posted on 07/06/2009 5:05:34 AM PDT by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
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To: marktwain

Valencia County Sheriff’s Deputy Chris Trujillo said, “We rely heavily upon our citizens, our residents of the county to report crimes to us. We never want them to approach these individuals, or get within close contact where something like this could occur.”

Standard Government Bullshit statement.


13 posted on 07/06/2009 5:07:03 AM PDT by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
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To: 2harddrive

If you punched out the window of the President’s limo, and where then shot by the Secret Service, would THEY be charged with murder? Or is there a double standard here? What’s the difference???

If you have to ask you would never accept the answer. There is a whole huge list of people that are treated differntly in our society regardless of what the law states.


14 posted on 07/06/2009 5:09:41 AM PDT by SECURE AMERICA (Coming to You From the Front Lines of Occupied America)
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To: marktwain
He's not a thief, and nobody deserves to kill anybody or shoot anybody and try to justify self-defense. You don't kill anybody, you just don't," Louie Gabaldon said Sunday.

Glittering jewel of colossal ignorance! Self-defense is the ONLY (legitimate) reason to kill someone.

15 posted on 07/06/2009 5:10:52 AM PDT by Niteranger68 (Have you punished an 0bama supporter today?)
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To: Quiller; marktwain
nobody deserves to kill anybody or shoot anybody and try to justify self-defense. You don't kill anybody, you just don't," Louie Gabaldon said Sunday.

Remember your own quote after I've smashed your children's heads with a tire iron and am tearing off your wife's clothing to rape her, Mr. Gabaldon. You sound like someone from the Brady Center, standing in a corner shrieking like a little girl with your pinkies in the air, reciting gun laws to me.

Note to all: My comments above about violent acts are meant for rhetorical purposes, and not intended to convey any violent intent toward any person, living or dead. Unless they attack MY family.

16 posted on 07/06/2009 5:13:05 AM PDT by Hardastarboard (I long for the days when advertisers didn't constantly ask about the health of my genital organs.)
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To: CedarDave; LegendHasIt; Rogle; leapfrog0202; Santa Fe_Conservative; DesertDreamer; ...

NM PING

This bears watching. What was the name of the NM Marine who was convicted for shooting a burglar in ABQ a couple of years ago?


17 posted on 07/06/2009 5:14:14 AM PDT by DesertDreamer ("I don't believe in a government that protects us from ourselves." - Ronald Reagan)
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To: Niteranger68
“He's not a thief”

Well, I suppose that he was just “borrowing” the stolen items that the police found in the vehicle, that he was really the one that called the police in on the situation because he “knew” from his relationship with the shooter, that the shooter was out to get him..../S

It would take a lot of evidence to convince me of that defense if I were on the jury.

18 posted on 07/06/2009 5:18:42 AM PDT by marktwain
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To: marktwain
The way the article reads makes me wonder why it raises questions over self-defense as the title implies. Someone witness a crime, calls it in, tries to get a license plate number, then ends up shooting one of the perps while defending himself? The only question should be which medal he should receive. Sounds like the town has bigger problems and Sanchez did the town a favor.
19 posted on 07/06/2009 5:22:36 AM PDT by GBA
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To: marktwain
Same in Nevada. So a guy sees some people “stealing” and he stops they attack him and break his car window. He defends himself and is arrested? Please, no jury around here would convict him.
20 posted on 07/06/2009 5:26:26 AM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: marktwain

Oh and poorly written article.


21 posted on 07/06/2009 5:27:26 AM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: marktwain
"Well I know that Luke Sanchez was the cousin of the father of my brother's ex-girlfriend, and there's more to it of this story than what's being said, and I'm going to get to the bottom of it," he said.
Whoa! I think I just had a Flashback!
"Bueller?.. Bueller? ...Bueller?"

"Um, he's sick."
"My best friend's sister's boyfriend's brother's girlfriend heard from this guy who knows this kid who's going with the girl who saw Ferris pass out at 31 Flavors last night. I guess it's pretty serious."

"Thank you Simone."

"No problem whatsoever."


22 posted on 07/06/2009 5:36:12 AM PDT by Condor51 (The difference between stupidity and genius is that genius has its limits)
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Comment #23 Removed by Moderator

To: Condor51
thank you... that was all i could think of when i read that.
24 posted on 07/06/2009 5:51:06 AM PDT by Chode (American Hedonist - Obama is basically Jim Jones with a teleprompter)
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To: Chode
*** thank you... that was all i could think of when i read that. ***

"No problem whatsoever."

;-)

25 posted on 07/06/2009 6:00:49 AM PDT by Condor51 (The difference between stupidity and genius is that genius has its limits)
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To: marktwain
Gabaldon spotted him, ran over to his car and broke the driver's side window.

Signed his own death warrant right there...

26 posted on 07/06/2009 6:03:20 AM PDT by Dead Corpse (III)
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To: marktwain

Cops! They don’t want people solving the crime problem without them. We can’t have that.


27 posted on 07/06/2009 6:08:34 AM PDT by pallis
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To: DesertDreamer

Elton Richard.


28 posted on 07/06/2009 6:09:52 AM PDT by Tijeras_Slim
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To: VicVega
Then he was bashing in the car windows of " the cousin of the father of my brother's ex-girlfriend.

Knowing that Belen is not a large city, I want to know how many of the Valencia county's sheriff deputies are "cousins" of the Gabaldons?

Lots of inter-relatedness goin' on around heah.

29 posted on 07/06/2009 6:12:06 AM PDT by greyfoxx39 (If Tehran offered an unclenched fist, Obama would be shaking a bloody hand and calling it good.)
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To: SECURE AMERICA
Be careful of appealing to "law". In MN, there is a duty to retreat that makes no sense whatsoever.

"Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will, and always so when it violates the right of an individual." --Thomas Jefferson to Isaac H. Tiffany, 1819.

30 posted on 07/06/2009 6:14:11 AM PDT by Dead Corpse (III)
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To: Leisler; SECURE AMERICA
Why not wait untill all the evidence is presented before you start bashing the cops?

We do not know the evidence involved. THAT will determine what happened and how, and who warrants arrest.

Most departments don't want civilians to get too involved in property crimes for a few reasons.

An officer arrving onto the scene has no idea who is fish or fowl, and the wrong one could get shot.

An officer arriving onto the scene could be in danger of being shot.

Now, if the evidence shows the assault on the Marine justified the shooting, it will come out that way. If there was evidence shows something else, then the Marine is in deep doo-doo, regardless of his service. And his friends statements about bashing in windows and only defending himself means absolutely zilch if he wasn't in the vehicle at the time.

Valencia County is not the largest in the state, but it has a lot of rural areas to patrol. That plus a holiday weekend limits deputy coverage.

31 posted on 07/06/2009 6:16:54 AM PDT by Pistolshot (The Soap-box, The Ballot-box, The Jury-box, And The Cartridge-Box ...we are past 2 of them.)
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To: ketelone
"My cousins fathers uncles girlfriends third cousin twice removed's roommate!"

What does that make us??!!

Absolutely nothinh!


32 posted on 07/06/2009 6:17:57 AM PDT by Andonius_99 (There are two sides to every issue. One is right, the other is wrong; but the middle is always evil.)
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To: greyfoxx39

Now that would suck if it turns out the dead perp/victim is related to the guys who did the investigation.


33 posted on 07/06/2009 6:21:26 AM PDT by VicVega (Join Jihad, get captured by the US and resettled in the best places in the world. I love the USA)
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To: Tijeras_Slim

Thanks.


34 posted on 07/06/2009 6:32:16 AM PDT by DesertDreamer ("I don't believe in a government that protects us from ourselves." - Ronald Reagan)
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To: Pistolshot

Looks like this is going to be the topic at 9:00 on KOB with Pat Frisch stirring the pot.


35 posted on 07/06/2009 6:35:16 AM PDT by Tijeras_Slim
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To: Tijeras_Slim

Bah....I am behind a strict firewall.


36 posted on 07/06/2009 6:37:23 AM PDT by Pistolshot (The Soap-box, The Ballot-box, The Jury-box, And The Cartridge-Box ...we are past 2 of them.)
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To: marktwain
There may be facts that are not apparent from the article, but if someone is bashing the windows on my car trying to get to me, I would ordinarily thing that justified deadly force.

I think this is the crucial fact from the article: "Gabaldon says his brother was a former corrections officer".

If Gabaldon was some random drifter, I think it would have been far less likely that Sanchez would have had any trouble. Police forces get very irate when a LEO, even former LEO, gets shot. I would look to see if Gabaldon had any connections to any member of local law enforcement.

37 posted on 07/06/2009 6:38:27 AM PDT by PapaBear3625 (The problem with socialism is that you eventually run out of other people's money -- Thatcher)
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To: Pistolshot

If anything noteworthy is said I’ll post it to you.


38 posted on 07/06/2009 6:38:40 AM PDT by Tijeras_Slim
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To: marktwain
"You don't kill anybody, you just don't," Louie Gabaldon said Sunday.

Oh yes you do.

Valencia County Sheriff's Deputy Chris Trujillo said, "We rely heavily upon our citizens, our residents of the county to report crimes to us. We never want them to approach these individuals, or get within close contact where something like this could occur."

Moron. Citizens live in contact with the scum all the time.

39 posted on 07/06/2009 6:40:52 AM PDT by TigersEye (0bama: "I can see Mecca from the WH portico." --- Google - Cloward-Piven Strategy)
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To: SECURE AMERICA

“Detached reflection cannot be demanded in the presence of an upraised knife.”
- Justice Oliver Wendell Holmes


40 posted on 07/06/2009 6:43:50 AM PDT by ctdonath2 (John Galt was exiled.)
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To: Pistolshot

One of the first things taught in a serious self-defense class is that when the police show up you WILL be arrested. The cops don’t know what happened other than there’s a body on the ground; everyone remotely suspected will be stuffed into a cage until the whole thing can get sorted out.


41 posted on 07/06/2009 6:47:17 AM PDT by ctdonath2 (John Galt was exiled.)
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To: Pistolshot
New Mexico statute 30-2-7 "Justifiable Homicide" explicitly allows deadly force "when necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed in his presence"
42 posted on 07/06/2009 6:47:39 AM PDT by PapaBear3625 (The problem with socialism is that you eventually run out of other people's money -- Thatcher)
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To: Pistolshot

Try to expand the mental envelope.

I did not so much bash cops...but the VERY IDEA OF POLICE.

I do not like, support, or believe in the IDEA of Police.

People are the law. What people wish is the law. A few, small number of people, with clothing and cars provided by the people at large are not in sole possession of the law.

Since time immemorial the protection of ones person and property is the duty of the individual. All else is way, way more distant and but ornamentation often supposed to be the thing itself, which it isn’t.


43 posted on 07/06/2009 6:53:01 AM PDT by Leisler ("It is terrible to contemplate how few politicians are hanged."~G.K. Chesterton)
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To: mad_as_he$$

In, NJ, the shooter would be immediately arrested, and charged with murder. Self defense or not. NJ legal system has made it clear they do not want citizens defending themselves because guns are inherently evil. If the shooter were white, they’d probably tack on a couple o’ hate crimes charges, along with violating the perps civil rights. Oh, and if he were one of the LUCKY ones that did have a NJ CCW permit, that’d probably get revoked as well. Even if he beat the charges, they’d find a way to never give the CCW back to him. Because GUNS ARE EVIL!!!!!/s.


44 posted on 07/06/2009 7:51:44 AM PDT by Seamus Mc Gillicuddy (Say Nope To The Hope Dope in '12!!!!!)
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To: Dead Corpse
"Gary would never steal from anybody. He's not a thief, and nobody deserves to kill anybody or shoot anybody and try to justify self-defense. You don't kill anybody, you just don't," Louie Gabaldon said Sunday.

Someone please call the WAAAAAAAAAAAAAHMBULANCE for Gary. Something tells me if he had a gun in his house, and I were the one breaking windows in his house or vehicle; I'd be pushing daisies right about now. This guy is a S.F.B., and the only reason he's spewing such pablum, is because "IT'S NOT FAIR..." that his brother was shot, and not the good samaritan. I pray the charges are dropped, and the victim sues this turd's family for the damages to the car.

45 posted on 07/06/2009 8:00:32 AM PDT by Seamus Mc Gillicuddy (Say Nope To The Hope Dope in '12!!!!!)
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To: Seamus Mc Gillicuddy

Sad. Glad I live West of the Rockies.


46 posted on 07/06/2009 8:45:57 AM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: marktwain
I am well-trained and LTC, but, if anyone is trying to break in through my vehicle's side windows, I probably will not reach for my firearm. The obvious, and best, weapon in that scenario is the vehicle itself: turn the front wheels away from the perp, drop into lowest gear -- and floor the accelerator. That leaves the perp on the outside of a "donut spin" -- and, probably, beneath the vehicle.

If ADW is called for in self defense, the vehicle is legally just as much a "deadly weapon" as is the firearm. However, the vehicle has the built-in defense of, "I was just attempting to depart from the scene where I was under attack and in fear for my life"...

47 posted on 07/06/2009 8:55:21 AM PDT by TXnMA ("Allah": Satan's current alias...!!)
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To: Pistolshot
"An officer arriving onto the scene has no idea who is fish or fowl, and the wrong one could get shot."

Property owners and assaulted persons have that information, and should not have to wait around to educated, inform, explain to another.

"An officer arriving onto the scene could be in danger of being shot.

Shooting of thieves will reduce theft, resulting in LEO being called massively less to theft, rapes, assaults, murders.

I don't know of anybody, who needs what ever it is police do. We take care of ourselves and our persons. Police show up afterwards.

48 posted on 07/06/2009 9:37:04 AM PDT by Leisler ("It is terrible to contemplate how few politicians are hanged."~G.K. Chesterton)
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To: Pistolshot

Nothing of substance on the show. Plenty of the standard, family trumps law, not terribly high regard for the local sheriffs office, politics, etc...


49 posted on 07/06/2009 9:38:58 AM PDT by Tijeras_Slim
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To: TXnMA

Too ornate.

Steal=shot.

KISS.

Criminals are dumb. They understand, somehow, not to rob biker bars, cop bars.

One minute they are bad ass, night stalking master of crime, the next they are crying they are a victim of gun toting, racist, money grubbing that put property ahead of life ..bla, bla, bla.

In a proper world, x number of break ins would be divided into the police budget, with a result that if you prevented a break in the town would give you a reward of half the estimated police cost.

Incentivize and reward the citizen.

After a while the dolts would hear that so and so town pays for each scalp.

You wouldn’t have many crimes, and at way lower costs.


50 posted on 07/06/2009 9:42:49 AM PDT by Leisler ("It is terrible to contemplate how few politicians are hanged."~G.K. Chesterton)
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