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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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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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