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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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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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To: STONEWALLS

Maybe not.

Both the defense and prosecution sides choose the jury, and it would be difficult to find many hispanics who want to go anywhere near a courthouse unless they are legal U.S. citizens. A lot of the legal ones I’ve talked to are against the illegals because they worked hard to be where they are, where the illegals get an easy pass.


51 posted on 07/11/2010 9:22:23 AM PDT by Frenchtown Dan
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To: Mr Rogers
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.

The original story had the old man tell the cops that he shot because the illegal aliens tried to run him over. Obviously the prosecutor is ignoring that in bringing charges against him.

52 posted on 07/11/2010 9:29:16 AM PDT by VeniVidiVici (I Don't Want Hussein to Kick Ass. I WANT HIM TO GET OFF HIS ASS!!!!)
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To: VeniVidiVici

“The original story had the old man tell the cops that he shot because the illegal aliens tried to run him over.”

A different account I read a couple of days ago said the bullets went thru the rear of the pickup cab. Also, the old man’s story changed with time - at one point, he said he shot as they were getting away. He also told others he shot at the robbers as they fled.

Given the difficulty of shooting a person in a moving car with a handgun at night, there is no way I believe he was shooting with intent to kill. Frustration? Sure. Anger? Sure. Premeditated intention to kill either or both robbers? No way.

If the DA sticks to first degree murder, he’ll lose. I suspect the real intent is to bleed the old man dry by lawyer fees as a lesson to everyone else. And for that, I would go door-to-door at election time to turn this bum of a DA out of office. I’d also like to see a change to the law so that prosecutors faced some damage in some way if they bring a frivolous case, which this is as a murder case.


53 posted on 07/11/2010 10:32:51 AM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: Frenchtown Dan

USC TITLE 18, PART I, CHAPTER 13, § 241. —— Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.


54 posted on 07/11/2010 10:59:44 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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It appears that the prosecutor and the local police are in the pay of a gang run theft ring. There is no other logical explanation for their decision to let the criminals walk while prosecuting their victim. The DA and police chief need to be thoroughly investigated for hidden bank accounts, jewelry, real estate registered in the names of spouses and other traditional corrupt dodges. Whether there is enough evidence to prosecute him or not, the DA should be hounded from public life. Decent people everywhere should shun and boycott him.
I seriously doubt any jury would convict crime victim Wallace. But the case could bankrupt him. And, for a man his age, the stress of a trial and possible incarceration could trigger a heart attack or stroke . Quite literally, this corrupt DA is trying to kill Mr. Wallace.
This case shows the enormous importance of talk radio. The two criminals would still be swaggering freely in the community, waiting for the next opportunity to steal again, were in not for a heroic talk show host who embarrassed the local authorities into finally charging them.


55 posted on 07/11/2010 11:41:15 AM PDT by Godwin1
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To: Enterprise

Jury nullification required here for State and Federal trials.


Precisely

Fully Informed Jury Association



56 posted on 07/11/2010 12:17:08 PM PDT by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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To: Michael van der Galien

That was pretty good shooting for an old man aiming downward at a moving, obscured target.

The people in his area need to march on that effing prosecutor’s office and the police department. They need to raise hell and let the head DA, the sheriff and the police chief - whatever elected and appointed figureheads are responsible for this travesty of justice - that they will be luck to merely be ousted rather than run out of town on a rail if the charges aren’t dropped immediately and the right people arrested. Then they need to form a statewide group to actively demand castle doctrine laws be enacted in CO. There are still a lot of strong conservatives in CO - it can be done.


57 posted on 07/11/2010 12:20:10 PM PDT by chilltherats (First, kill all the lawyers (now that they ARE the tyrants).......)
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To: bitterohiogunclinger

The prosecutor is a gun-grabber, no doubt. Whoever runs against him in the next election should hammer that fact into the ground.

If and when we ever reach a domestic uprising and do battle with the bureaucratic elite, these cops and prosecutors will be the Left’s first line of defense. They will have order to shoot anyone with a weapon on sight. Yeah, that’s right. Your local police will be the first ones to try to put you down like a mad dog if they so much as see a glimmer of blue or stainless steel anywhere near you.


58 posted on 07/11/2010 1:03:15 PM PDT by chilltherats (First, kill all the lawyers (now that they ARE the tyrants).......)
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