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Elderly Man May End Life in Prison for…Protecting His Property?
David Horowitz's NewsReal Blog ^ | Chris Rowan

Posted on 07/11/2010 6:21:23 AM PDT by Michael van der Galien

The story as reported by Fox31 KDVR.com is that an elderly Colorado man looked out his window this past February and saw two guys hooking his flatbed trailer up to their pickup. He yelled at them to stop, but they sped away, stealing his trailer. He told police he fired two shots at the pickup. Minutes after the incident, police say 32-year-old Damacio Torres dropped 28-year-old Alvaro Cardona off at a hospital emergency room with a gunshot wound to the face.

And here’s the kicker:

The Jefferson County DA’s office said that neither Torres nor Cardona have been charged with anything at this point, even though Torres confessed to the crime. However, the homeowner, Wallace is facing twelve felony counts, including four counts of attempted first degree murder. If convicted, he could spend the rest of his life behind bars.

And to make matters worse, the two thieves each have long criminal records and are apparently in the country illegally. What a travesty of justice.

But that is not the whole story. A news release by the Wheat Ridge Police Department reads (in part):

Today, July 9, 2010, Wheat Ridge police obtained probable cause arrest warrants for Damacio Torres-Ochoa (32), and Alvaro Cardona-DeLoera (28), both of Thornton, for class 3 Felony Theft and other charges in connection with a trailer theft in February 2010, that left Cardona-DeLoera with a gunshot wound to the face.

(Excerpt) Read more at newsrealblog.com ...


TOPICS:
KEYWORDS: aliens; banglist; corruption; crime; donutwatch; illegalimmigration; immigration; liberalfascism; rapeofliberty
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1 posted on 07/11/2010 6:21:25 AM PDT by Michael van der Galien
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To: Michael van der Galien
Torres nor Cardona

Hmmmm!

2 posted on 07/11/2010 6:22:38 AM PDT by Don Corleone ("Oil the gun..eat the cannolis. Take it to the Mattress.")
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To: Michael van der Galien

Liberals in action, folks.

Be afraid, be very afraid.

And keep your powder dry.


3 posted on 07/11/2010 6:26:54 AM PDT by Da Coyote
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To: Michael van der Galien

Colorado is a very unjust State.


4 posted on 07/11/2010 6:28:02 AM PDT by Brilliant
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To: Michael van der Galien

Jury nullification required here for State and Federal trials.


5 posted on 07/11/2010 6:29:51 AM PDT by Enterprise (As a disaster unfolds, a putz putts.)
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To: Michael van der Galien

I heard about this on the radio yesterday.
I can’t believe any jury will convict Wallace. Instead, he should be given an award, and the prosecutor should be behind bars along with the illegals.


6 posted on 07/11/2010 6:31:00 AM PDT by Frenchtown Dan
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To: Michael van der Galien

JUSTICE JUSTISN’T anymore.


7 posted on 07/11/2010 6:31:48 AM PDT by F.J. Mitchell (If Obama doesn't destroy America, she is indestructible.)
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To: Michael van der Galien

And the illegal alien thieves with long criminal records are charged with nothing, of course. It’s getting close to pitchforks and torches time, folks.


8 posted on 07/11/2010 6:32:08 AM PDT by Mr. Mojo
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To: Enterprise

Amen.


9 posted on 07/11/2010 6:36:15 AM PDT by BipolarBob (Even the earth is bipolar.)
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To: Michael van der Galien

I’ll be checking my mail for a jury summons.


10 posted on 07/11/2010 6:36:38 AM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: Mr. Mojo

“And the illegal alien thieves with long criminal records are charged with nothing, of course. It’s getting close to pitchforks and torches time, folks.”

The Feds didn’t want them arrested because of an ongoing investigation. Some people are also saying that if the police had arrested the perp that was shot they would be responsible for his medical care.


11 posted on 07/11/2010 6:38:05 AM PDT by dljordan ("His father's sword he hath girded on, And his wild harp slung behind him")
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To: Michael van der Galien

More of the Hope and Change coming to this country.

Shoot a felon go to jail.


12 posted on 07/11/2010 6:38:05 AM PDT by Venturer
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To: F.J. Mitchell
“Wallace is facing twelve felony counts, including four counts of attempted first degree murder.”
Exactly how did the asshat prosecutor manage to gin up 12 felony charges against the victim again? And first degree murder to boot. In most jurisdictions, first degree murder requires premeditation, at a minimum. I smell a personal vendetta at work here. The prosecutor should be locked up.
13 posted on 07/11/2010 6:41:11 AM PDT by bitterohiogunclinger (America held hostage - day 507)
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To: Frenchtown Dan

“I can’t believe any jury will convict Wallace. Instead, he should be given an award, and the prosecutor should be behind bars along with the illegals.”

EXACTLY!...however the DA may be up for re-election this Nov.so he’ll make sure Wallace goes before a jury packed with Hispanics to get a conviction.


14 posted on 07/11/2010 6:42:24 AM PDT by STONEWALLS
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To: Michael van der Galien

Gay State Conservative,Juror #7,says....”ummmmmm,not guilty”.


15 posted on 07/11/2010 6:42:54 AM PDT by Gay State Conservative (''I don't regret setting bombs,I feel we didn't do enough.'' ->Bill Ayers,Hussein's mentor,9/11/01)
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To: Don Corleone

In Sarasota County, Florida about 1990 an elderly man came home and saw a psychotic teen face pounding his elderly female neighbor on the ground. He ran over with a gun and ordered the kid to stop. The kid kept pounding, so the guy fired a round into the ground. He made the kid stop and held him until the deputies arrived. He was then arrested and charged with a variety of criminal offenses. He won every time in court, but this went on until the elderly guy had spent his life’s savings and sold his house. Then the prosecutor dropped the charges stating, “He’s learned his lesson now so there’s no further reason to continue prosecution.”

I think this is a regular tactic; using the prosecutory powers as a PC enforcement. It’s not necessary that they win. It’s only necessary that they take away your money and provide an abject lesson.


16 posted on 07/11/2010 6:45:17 AM PDT by Gen.Blather
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To: Michael van der Galien

Leftists are pure evil. If the charges are not made right or if the community doesn’t bail this man from prison then...


17 posted on 07/11/2010 6:48:07 AM PDT by Soothesayer (“None can love freedom heartily, but good men; the rest love not freedom, but license...")
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To: Michael van der Galien

 

The guy on the left looks bizarre. He has already soaked up thousands in free medical care for his gunshot wound

18 posted on 07/11/2010 6:48:14 AM PDT by dennisw (History does not long entrust the care of freedom to the weak or the timid - Gen Eisenhower)
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To: Gen.Blather
It’s only necessary that they take away your money and provide an abject lesson.

That would be a great tactic to use on criminals. I wonder why they've never thought of it?

19 posted on 07/11/2010 6:50:57 AM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Don Corleone

The good people of Colorado need to march on the steps of the courthouse and demand the resignation of the prosecutor.


20 posted on 07/11/2010 6:51:25 AM PDT by crghill (You can't put a condom on your soul. Viva Arizona!)
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Comment #21 Removed by Moderator

To: Michael van der Galien

Illegal aliens with LONG CRIMINAL RECORDS . . .

Gee, what about a law that when people get arrested their legal status is verified.

what a concept


22 posted on 07/11/2010 6:51:49 AM PDT by crescen7 (game on)
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To: Gen.Blather
“He’s learned his lesson now so there’s no further reason to continue prosecution.”

“He’s learned his lesson now so there’s no further reason to continue persecution

.

23 posted on 07/11/2010 6:53:54 AM PDT by Graybeard58 (We couldn't keep the commandments when there was only ONE!)
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To: Michael van der Galien

last i checked, the US Constitution allows an individual to protect their property. if he cannot defend it, why wouldn’t they just take it?

when your laws are only applied to politically convenient targets, you are no longer a nation of laws... just cute guidelines used to gain power for the corrupt few.

welcome to lawlessness


24 posted on 07/11/2010 6:55:13 AM PDT by sten
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To: bitterohiogunclinger
The prosecutor should be locked up.

Maybe he will be. Remember Mike Nifong.

25 posted on 07/11/2010 6:59:37 AM PDT by Fiji Hill
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To: Michael van der Galien
Among the laundry list of charges this insane PA leveled against the old guy, there were four counts of attempted first-degree murder.

How the F is it "attempted first-degree murder" and how does he get four and not two, when there were only two thieves?

Did the old guy hang a sign on his trailer saying, "Steal me," and then sat with his shotgun waiting for these two desperados to come and take it?

26 posted on 07/11/2010 7:00:18 AM PDT by Polarik
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To: Michael van der Galien

It’s time to bare the bones. The talk amongst our GOOD friends, the Mexican illegals and some legal( the only ones who will do the work) is that internal war is coming soon. Seems they have a plan brewing to take back their land. If it comes down to it....can you pull the trigger? Something to think about.


27 posted on 07/11/2010 7:01:07 AM PDT by jetson
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To: Michael van der Galien

We need to drive the liberals and illegal south.


28 posted on 07/11/2010 7:02:10 AM PDT by bmwcyle (Communism has arrived in Washington)
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To: Polarik
How the F is it "attempted first-degree murder" and how does he get four and not two, when there were only two thieves?

Multiply the two shots fired by the number of potential targets. The first shot could have hit either of the thieves, so that's two counts. The second shot similarly counts twice.

29 posted on 07/11/2010 7:09:11 AM PDT by PapaBear3625 (Public healthcare looks like it will work as well as public housing did.)
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To: Polarik

he shot twice, at two thieves. That is how he got to 4.


30 posted on 07/11/2010 7:09:28 AM PDT by donmeaker ("Get off my lawn." Clint Eastwood, Green Ford Torino)
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To: Michael van der Galien
And to make matters worse, the two thieves each have long criminal records and are apparently in the country illegally.

That's okay. They'll be given citizenship pretty soon.

31 posted on 07/11/2010 7:10:31 AM PDT by Mojave (Ignorant and stoned - Obama's natural constituency.)
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To: Michael van der Galien

Our politicians want it this way. They like it when the downtrodden “oppressed” class rises up and takes what is “rightfully” theirs from the “oppressor” class. That is why they prosecute the normal person and deliberately let the criminals go free.


32 posted on 07/11/2010 7:11:16 AM PDT by Leftism is Mentally Deranged (liberalism: severe deterioration of the thinking apparattus)
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To: Michael van der Galien
Two words: Jury nullification.
33 posted on 07/11/2010 7:15:00 AM PDT by Mikey_1962 (Obama: The Affirmative Action President)
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To: Soothesayer

amen. my nerves feel the mood in the air and if legal means don’t provide the ends, then a repeat of history will have to take place. Molon Labe !!!


34 posted on 07/11/2010 7:15:04 AM PDT by TheRevolution1776
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To: Michael van der Galien

As a contrary opinion: the old man was wrong to shoot at people fleeing with his property. Morally, I have no objection. However, there are very few states - if any - that expressly permit the use of deadly force to stop a thief running away.

A thief in your house? Many states allow you to shoot him since the assumption is that he is a threat to your life as well as your property. But two guys driving off with your flatbed trailer?

Just took a CCW course...and no, the law doesn’t allow you to shoot fleeing thieves. Between criminal and civil courts, you probably ought to assume each bullet fired righteously still debits your bank account by $10K minimum. Hmmm.....$500 deductible on your trailer, or $10K per bullet minimum. Easy choice if you are thinking clearly.

That said, I think the DA has set himself up for failure. No way he’ll get a conviction on murder. MAYBE manslaughter, but he’ll have a tough case even then.

Negligent discharge? Yeah. Firing a gun in the city? Yeah. Voluntary manslaughter, mitigated by provocation? Probably.

Murder? Not a chance.

Morally, I’d give the old man an award and free coffee for life.


35 posted on 07/11/2010 7:15:41 AM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: Gen.Blather

I think many DAs worry more about politics than about justice. In this case, I think the DA has seriously misread public opinion. By going for murder, he’s put himself in the “Illegals can steal and kill at will” camp, and he’ll find it is pretty darn lonely - even in liberal areas.


36 posted on 07/11/2010 7:21:48 AM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: Soothesayer; Gen.Blather

There comes a time when enough sh*t gets thrown at you and street justice takes over. Sounds like this DA needs some schooling in said topic.


37 posted on 07/11/2010 7:27:36 AM PDT by GOPsterinMA (Soetoro Snoozes, Oil Oozes)
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To: Michael van der Galien

Looks like he’s a good little Republican DA.


38 posted on 07/11/2010 7:32:14 AM PDT by PAR35
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To: Michael van der Galien
1) The prosecutor has handed his opponent in the next election a very useful, emotional campaign issue.

2) If these people had criminal records and are here illegally, why were they out running around? Are there other prosecutors who need looking at?

3) Mr. Wallace should demand an immediate jury trial somewhere outside of Jefferson County, El Paso County perhaps.

39 posted on 07/11/2010 7:33:32 AM PDT by La Lydia
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To: Brilliant

‘Colorado is a very unjust State.’

Boulder Dementia Syndrome (BDS) is spreading out from Boulder, across the state.

Boulder is the Ithica of the West.


40 posted on 07/11/2010 7:38:14 AM PDT by GladesGuru (In a society predicated upon freedom, it is essential to examine principles,)
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To: Michael van der Galien

If he shot one in the face, and maintains his claim that he fired as they tried to run him over, a jury may have sufficient “reasonable doubt” to find him not guilty.

Depends on what facts the DA is able to bring to the table.


41 posted on 07/11/2010 7:42:16 AM PDT by G Larry (Democrats: expediting the Destruction of America, before they lose power...)
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To: Michael van der Galien
The fact that the two trailer thieves were in the U.S. illegally is not completely irrelevant, but what is much more troubling is that they both had long criminal records. Their legal status is relevant only because anything even remotely connected with the topic of illegal immigration is newsworthy. Advocates of the Arizona anti-illegal immigration law (SB1070) should resist the temptation to add Wallace’s story to a growing pile of similar stories involving illegal alien criminals and the innocent people they victimize in order to justify SB1070. In this case, it would be wise to err on the side of caution and wait for more details to emerge before using Wallace’s predicament as a bludgeon with which to pummel open border advocates. For now, let’s treat it as what it is: a travesty of (criminal) justice.

Mr. Rowan, are you high?

42 posted on 07/11/2010 7:51:47 AM PDT by E. Pluribus Unum ("The only stable state is the one in which all men are equal before the law." -- Aristotle)
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To: bitterohiogunclinger

They charged first degree but it will end up 2nd degree or some crime of passion plea.


43 posted on 07/11/2010 8:28:44 AM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: dennisw

Is the guy on the left missing 1/4 of his head?

F-ing freak!


44 posted on 07/11/2010 8:30:15 AM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: Gen.Blather

The prosecutor’s lifeless body should be swinging from a rope.


45 posted on 07/11/2010 8:31:40 AM PDT by july4thfreedomfoundation (The rallying cry of American patriots.....REMEMBER IN NOVEMBER!)
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To: Polarik

I believe he also threw a chalkboard eraser at them, constituting an additional charge..../s


46 posted on 07/11/2010 8:31:46 AM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: donmeaker

That’s calculus....


47 posted on 07/11/2010 8:32:27 AM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: Mr Rogers

If you will pay for his coffee I will pick up the tab for his donuts....


48 posted on 07/11/2010 8:34:04 AM PDT by Vendome (Don't take life so seriously... You'll never live through it.)
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To: Mr. Mojo
The governmental officials, who did not move to deport these two, are culpable in the auto theft and the shooting. Just as the officials of LA and San Francisco are for not deporting, but releasing jail inmates to kill innocent citizens.

In a just world, these officials would be in jail. Instead, the mayor of SF is running for statewide office and the mayor of LA is travelling around the world trying to show how green he is. I guess if more people in their cities were killed by released inmates, they'd both be running for president.

49 posted on 07/11/2010 8:35:57 AM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: Mr Rogers
"No way he’ll get a conviction on murder. MAYBE manslaughter,..."

He'll get NO conviction on either, since NOBODY was killed.

50 posted on 07/11/2010 8:54:53 AM PDT by jackibutterfly (Palin is so under obama's skin, he hears 'Hail to the Chief' when he sees her.)
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