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Burglar's family awarded $300,000 in wrongful death suit (CO)
gazette.com ^ | 26 August, 2011 | LANCE BENZEL

Posted on 08/27/2011 5:55:22 AM PDT by marktwain

An El Paso County jury on Friday awarded nearly $300,000 to the daughter of a burglar who was fatally shot in 2009 while breaking into an auto lot.

Parents of the victim, Robert Johnson Fox, embraced their attorneys after a judge announced the jury’s verdict, capping a two-week-long civil trial in which business owner Jovan Milanovic and two relatives were painted as vigilantes who plotted a deadly ambush rather than let authorities deal with a string of recent burglaries.

Phillip and Sue Fox, who filed suit for wrongful death in 2010 on behalf of Fox’s 3-year-old daughter, called the jury’s award a victory in their fight to seek accountability for the death of their son, who they say never posed a threat to the heavily armed men.

“Rob was in the wrong place doing the wrong thing, but the punishment didn’t fit the crime,” Sue Fox said afterward. “I can’t excuse his actions, but he didn’t deserve to be executed.”

The exact amount of the award was $269,500, for factors such as loss of companionship and loss of future earnings. The family will also be awarded some of the costs associated with the more than yearlong legal battle.

The jury of three men and three women deliberated for 2½ days over closely contested testimony about the predawn shooting on April 19, 2009.

Fox, 20, was shot after he and a friend scaled a fence to get inside Southwest Auto Sales at 2444 Platte Place in the city’s Knob Hill neighborhood. According to the accomplice, Brian Corbin, they had smoked methamphetamine and were looking to steal anything to buy more drugs.

Corbin testified he saw two armed men charge out of a building and run in their direction, one of them shouting “we’re gonna get you” in an obscenity-laced threat. Corbin, who escaped by climbing over a car and jumping a fence, said he felt a bullet pass by him as someone fired four gunshots.

Fox was standing inside a small shed when a .45-caliber rifle bullet passed through the shed’s door and pierced his heart.

Police said in a 145-page investigative report that the intruder had knives in his pockets and one strapped to his ankle, but never posed a threat to Milanovic or the other men, his father Ljuban Milanovic and brother-in-law Srdjan Milanovic.

The men are refugees who came to the United States from the former Yugoslavia in 1998.

Jurors found that Fox’s death was the result of “willful and deliberate” conduct by Jovan Milanovic, who was accused of firing the rifle, and Novak, who supplied the semiautomatic Heckler & Koch that Milanovic used in the killing.

Only Ljuban Milanovic emerged without a judgment against him.

The jurors declined to comment after the trial.

"It's been a long two weeks," one said before getting on an elevator.

The three men were accused of keeping an armed vigil over the auto lot and firing on the first burglars they saw. The men were angry over a series of thefts that began when someone broke in a week earlier and stole keys to customers’ automobiles as well as keys to buildings on the property.

Car stereos were taken in the days that followed, according to testimony.

Under Colorado’s self-defense laws, the use of deadly force is justified only under the “reasonable belief” that it’s necessary to prevent serious bodily injury or death. The jury found that none of the men had a legitimate claim of self-defense.

Property rights are not a lawful defense for using deadly force in Colorado, and the state’s so-called Make My Day law, which sets lower standard for using force, applies to households, not businesses.

For the plaintiff's attorneys, Terry Rector and Jennifer Stock, Friday's verdict ended an emotionally draining fight for the girl, Sidney Richardson, who has been cared for by the elder Foxes for the past year.

Rector, of Colorado Springs, had represented Fox on traffic matters, and said his death came as a blow.

"I can see him sitting in my office today," an emotional Rector said as participants filed out of the courthouse.

"This is a victory for Sidney Richardson. It's the only measure of justice we have - we cannot bring her father back."

Said Stock: "This jury didn't let sympathy and bias influence them. That's why we got the correct verdict that follows the law."

Milanovic and his father told police a week before the shooting they would shoot any intruders who returned. Police say the men concealed the rifle in the trunk of a car so well that a police detective initially missed it during a search.

The 4th Judicial District Attorney's Office declined to file charges in the shooting, and instead sent the case to a grand jury, which decided against returning an indictment, effectively clearing the trio of criminal wrongdoing.

The civil award has no criminal implications for the Milanovics or Novak.

Defense attorneys John P. Craver and Chelsey Burns declined to comment.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Colorado
KEYWORDS: banglist; burglar; co; liability
A grand jury refused to indict the shooters. It appears that Colorado may need to modify their Castle doctrine law.
1 posted on 08/27/2011 5:55:28 AM PDT by marktwain
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To: marktwain

This has to stop. Thieves get everything they deserve.


2 posted on 08/27/2011 5:58:05 AM PDT by fwdude ("When in the Course of human events it becomes necessary for one people to dissolve ...")
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To: marktwain
we cannot bring her father back."

is that a bad thing?

3 posted on 08/27/2011 5:58:49 AM PDT by the invisib1e hand
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To: marktwain

This decision is so typical of american civil juries. I quit being amazed by them many years ago.


4 posted on 08/27/2011 6:00:05 AM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: marktwain

Waste of tax payer money.


5 posted on 08/27/2011 6:01:17 AM PDT by Dallas59 (President Robert Gibbs 2009-2011)
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To: the invisib1e hand

A father who used Meth and was a thief, who wants him back.

My only hope is that the members if this jury who gave this award are robbed once a week so they can see first hand how frustrating it is to work hard and have the benefits of that work stolen so some addict can shoot up.

Does the punishment fit the crime? Ask someone who is constantly being robbed,cannot sleep because someone may rob them any minute and has their property taken. This guy wasnt carryiong those knives to clean his fingernails. He would have stabbed or cut either of these men if he could have gotten close enough. Especially when he is high on Meth.


6 posted on 08/27/2011 6:06:19 AM PDT by Venturer
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To: marktwain
Property rights are the foundation of civilization. Without those rights no one can accumulate much of anything and we are stuck in a tribal culture. The theft of my property diminishes me as much as a beating and I should be able to act accordingly.
7 posted on 08/27/2011 6:07:06 AM PDT by Aevery_Freeman (Obama - the Half-Black Plague)
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To: marktwain

If you don’t have the right protect your property then you have no property rights.


8 posted on 08/27/2011 6:15:52 AM PDT by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: fwdude

Milanovic needs to sue the estate for the emotional anguish and fear caused by the criminal break-ins by a meth addicted armed burglar. He’s probably too fearful to go to his business now. Use the system against the burglar’s family.


9 posted on 08/27/2011 6:17:57 AM PDT by Outrance
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To: Venturer

There is a “feeling” among many,even police, that no property is worth a life because insurance will replace it.Which is bull because insurance costs the property owner more money and seldom fully covers the losses.

The English have carried this to the extreme where a resident serf must stand aside whilst the thief carries out his goods;too use force against the criminals is too horrid!

At least the district attorney and grand jury did not indict the victims.


10 posted on 08/27/2011 6:18:46 AM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a credit card?)
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To: Venturer

the legal system has posthumously rewarded a law breaker. This is institutional cognitive-dissonance, and you know what that means.


11 posted on 08/27/2011 6:21:22 AM PDT by the invisib1e hand
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To: marktwain
The exact amount of the award was $269,500, for factors such as loss of companionship and loss of future earnings.

Future earnings from what? More burglaries?

12 posted on 08/27/2011 6:28:17 AM PDT by lowbridge (Rep. Dingell: "Its taken a long time.....to control the people.")
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To: marktwain

Small potatoes. The City Council of Austin, TX, this week voted 5-2 to give a $750,000 reward to the parents who reared a local thug. He was killed when he threatened police and who at age 20, had nine arrests, one for robbing and beating a paraplegic in a wheelchair at an ATM.

The Liberal/Black coalition on the Council were afraid there would be riots in the Black community if they didn’t pay this protection money. They settled out of court because they knew that no jury would award money for the life of this criminal, who had already cost the city and state hundreds of thousands in judicial expenses in his worthless life. To their credit, the Mayor and the Hispanic member voted against this extortion.

Though Austin is the capital of Texas, it is also the sinkhole where most of the Liberals in the state are segregated, so it is unofficially known as the A** Hole of Texas.


13 posted on 08/27/2011 6:30:27 AM PDT by kittymyrib
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To: marktwain
Said Stock: "This jury didn't let sympathy and bias influence them. That's why we got the correct verdict that follows the law."

Stock is a selfish idiot who decides which victim his heart will go out to in a crime.

14 posted on 08/27/2011 6:39:56 AM PDT by bmwcyle (Obama is a Communist, a Muslim, and an illegal alien)
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To: kittymyrib

Been there, agree completely. That said ‘God Bless Texas!”


15 posted on 08/27/2011 6:41:06 AM PDT by NHResident
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To: marktwain

we cannot bring her father back.”...And if we did, the meth smoking thief would cost the taxpayer much more than $300,000 and probably endanger the little girl.


16 posted on 08/27/2011 6:41:34 AM PDT by Safetgiver (I'd rather die under a free American sky than live under a Socialist regime.)
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To: marktwain

Seriously, the guys probably did the daughter a huge favor when they offed her mother’s sperm donor. If this guy had had any involvement in her life whatsoever it is very unlikely that it would have been positive in any way. The jury should have awarded the shooters a cool half a mill from the deceased parents for parental malpractice for inflicting a thing like that on society.

I just hope the judge appoints a guardian ad litem to keep the grandparents or mother from pissing away this evil windfall.


17 posted on 08/27/2011 6:56:42 AM PDT by Lonesome in Massachussets (Somewhere in Kenya a village is missing its idiot)
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To: marktwain
business owner Jovan Milanovic and two relatives were painted as vigilantes who plotted a deadly ambush rather than let authorities deal with a string of recent burglaries

Yeah, they should have left it up to the 'authorities'. That's always effective.

18 posted on 08/27/2011 7:05:10 AM PDT by Right Brother
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To: bmwcyle

“Stock is a selfish idiot who decides which victim his heart will go out to in a crime.”

Her heart goes out to whomever gives her a 1/3 piece of the haul. In this case around $89,000 (plus court costs & fees of course).


19 posted on 08/27/2011 7:10:11 AM PDT by Stormdog (A rifle transforms one from subject to Citizen)
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To: marktwain; CodeToad

You have to be just a tad more subtle in your ambushes, it seems.


20 posted on 08/27/2011 7:19:06 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: fwdude
Under Colorado’s self-defense laws, the use of deadly force is justified only under the “reasonable belief” that it’s necessary to prevent serious bodily injury or death.

Florida's laws expressly forbid the criminal or the criminal's family from suing in the event they are shot by someone defending themselves or their property. In fact, the law goes so far as to remove the 'duty to retreat'. So long as you have a legal right to be there (meaning you're not trespassing) you can defend yourself.

21 posted on 08/27/2011 7:21:47 AM PDT by Gunslingr3
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To: marktwain
The jury trial system is just broken. We no longer have a populace fit to make a decision on a McDonald's menu.

There needs to be some minimum level of competence displayed by jurors to be chosen.

22 posted on 08/27/2011 7:22:10 AM PDT by hopespringseternal
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To: Travis McGee

Do just like the cops...keep and use the “throwdown”.....ALWAYS!


23 posted on 08/27/2011 7:26:27 AM PDT by Gaffer
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To: marktwain
$300,000 is pretty cheap considering in most areas of the country those men would have been brought up with charges of 1st degree murder.

On the other hand, horse thieves were routinely hanged in the old West. [shrug]

24 posted on 08/27/2011 7:26:33 AM PDT by John123 (US$ - I owe you nothing. Euro - Who owes you nothing.)
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To: Jack Hydrazine
If you don’t have the right protect your property then you have no property rights.

Best post so far. Excellent.

25 posted on 08/27/2011 7:39:07 AM PDT by fwdude ("When in the Course of human events it becomes necessary for one people to dissolve ...")
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To: kittymyrib
Though Austin is the capital of Texas, it is also the sinkhole where most of the Liberals in the state are segregated, so it is unofficially known as the A** Hole of Texas.

I know what you mean. An absolute cesspool of fruits and nuts. It's the only county that voted against Prop 2, the constitutional amendment to protect marriage in Texas.

26 posted on 08/27/2011 7:41:59 AM PDT by fwdude ("When in the Course of human events it becomes necessary for one people to dissolve ...")
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To: marktwain
Police said in a 145-page investigative report that the intruder had knives in his pockets and one strapped to his ankle, but never posed a threat to Milanovic or the other men, his father Ljuban Milanovic and brother-in-law Srdjan Milanovic.

Then why do cops shoot you down if you are holding a knife against them?

27 posted on 08/27/2011 7:43:37 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: TigersEye; All
Police said in a 145-page investigative report that the intruder had knives in his pockets and one strapped to his ankle, but never posed a threat to Milanovic or the other men, his father Ljuban Milanovic and brother-in-law Srdjan Milanovic.

Then why do cops shoot you down if you are holding a knife against them?

Several reasons. 1. Holding a knife is different from having one in your pocket or strapped to your leg.

2. Being behind a door, standing still, after running away, is quite different from moving toward someone after being ordered to stop or to drop the knife.

3. Distance is very important. A person with a contact weapon who decides to attack a person from 21 feet away only gives the person being attacked about 1.5 seconds to draw and fire. This is taught to a lot of police as the Tueller Drill. I have taught it to all my concealed carry students.

28 posted on 08/27/2011 7:57:48 AM PDT by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: marktwain
Police said in a 145-page investigative report that the intruder had knives in his pockets and one strapped to his ankle, but never posed a threat to Milanovic or the other men

Great police work there. Two armed men, with concealed weapons, on drugs and seeking to perform criminal acts, after having illegally entered your property ... "never posed a threat".

Does anyone know if there are government installations anywhere in this country with "shoot on sight" ROE, not including prisons?

29 posted on 08/27/2011 7:58:11 AM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: Travis McGee
Most states would have put the shooters in jail, it is really hard to claim fear of your life when you are setting in a shooting blind. Years ago, a friend of mind had the same problem with people stealing fuel out of his construction equipment. Two of his men caught the clowns and the old man used a black snake whip on them. The stealing stopped.
30 posted on 08/27/2011 7:58:48 AM PDT by org.whodat (What does the Republican party stand for////??? absolutely nothing.)
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To: coloradan
Great police work there. Two armed men, with concealed weapons, on drugs and seeking to perform criminal acts, after having illegally entered your property ... "never posed a threat".

Does anyone know if there are government installations anywhere in this country with "shoot on sight" ROE, not including prisons?

The grand jury refused to indict, so the shooters were not charged with any crime.

This was a civil trial for damages in a wrongful death case. The police would not be involved.

I do not know of any government installation that has a "shoot on sight" ROE.

They may exist, but I do not know of any.

My experience has been exactly the opposite. I have personal knowledge of at least two examples where the guards at military Ammunition Supply Points (ASP) were not allowed to have loaded firearms, but had to keep their cartridges in their pockets, Barney Fife style.

31 posted on 08/27/2011 8:06:22 AM PDT by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: Travis McGee; coloradan

I do not know of any government installation that has a “shoot on sight” ROE.

My experience has been exactly the opposite.

I have personal knowledge of at least two examples where the guards at military Ammunition Supply Points (ASP) were not allowed to have loaded firearms, but had to keep their cartridges in their pockets, Barney Fife style.

Travis, have you had any experience that can help inform us on the ROE at U.S. government installations?


32 posted on 08/27/2011 8:12:11 AM PDT by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: marktwain
Exactly! My point is made.

May every one of those jurors face a knife wielding burglar.

33 posted on 08/27/2011 8:38:29 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: All

This is a valuable lesson to Concealed carry holders to make certain you know the law and the circumstances when you may use deadly force. If you are not being threatened in a manner that is governed by the laws related to the use of deadly force, you will be committing a crime and/or opening yourself up to civil liability.

While a burglar or trespasser may be guilty of all sorts of things, deadly force cannot be used unless there is a personal threat. This would be different if a law allows the use of deadly force for the defense of property.

This was not a home, but a commercial establishment. The thieves were running away when assaulted and “chased.” As unpalatable as it is, a fleeing felon is not normally considered a threat unless he is shooting at you as he retreats.

Having said all of that, it is sad that law enforcement could not provide the level or protection against repeated violations that would have stopped this before it got to this point.

Was there discrimination against the shooters here?


34 posted on 08/27/2011 8:40:28 AM PDT by LachlanMinnesota (Which are you? A producer, a looter, or a moocher of wealth?)
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To: All

This is a valuable lesson to Concealed carry holders to make certain you know the law and the circumstances when you may use deadly force. If you are not being threatened in a manner that is governed by the laws related to the use of deadly force, you will be committing a crime and/or opening yourself up to civil liability.

While a burglar or trespasser may be guilty of all sorts of things, deadly force cannot be used unless there is a personal threat. This would be different if a law allows the use of deadly force for the defense of property.

This was not a home, but a commercial establishment. The thieves were running away when assaulted and “chased.” As unpalatable as it is, a fleeing felon is not normally considered a threat unless he is shooting at you as he retreats.

Having said all of that, it is sad that law enforcement could not provide the level or protection against repeated violations that would have stopped this before it got to this point.

Was there discrimination against the shooters here?


35 posted on 08/27/2011 8:41:04 AM PDT by LachlanMinnesota (Which are you? A producer, a looter, or a moocher of wealth?)
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To: marktwain
"This is a victory for Sidney Richardson. It's the only measure of justice we have - we cannot bring her father back."

The young daughter is blameless, but to use an award of damages for her care as "justice" for her thief of a father is to simply abuse her for personal gain. "Justice" for the thief was done when he was shot. $300k is certainly cheap considering how much it would have cost to jail him had he survived.
36 posted on 08/27/2011 8:46:49 AM PDT by Oceander (The phrase "good enough for government work" is not meant as a compliment)
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To: marktwain

My point about the police is that by writing in their report the victim and his accomplice “never posed a threat” might have swayed the civil jury in deciding to award damages.

As for ROEs, what about places like Groom lake, NV or other such secret facilities? If there is a place where the ROE is “shoot on sight” then the argument that property is never worth protecting with deadly force is out the window ... so long as it’s the government’s property.


37 posted on 08/27/2011 10:15:53 AM PDT by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: coloradan
My point about the police is that by writing in their report the victim and his accomplice “never posed a threat” might have swayed the civil jury in deciding to award damages.

Yes, those words could have been important.

38 posted on 08/27/2011 11:25:02 AM PDT by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: marktwain

“Rob was in the wrong place doing the wrong thing, but the punishment didn’t fit the crime,” Sue Fox said afterward. “I can’t excuse his actions, but he didn’t deserve to be executed.”

BS. The human shaped turd got exactly what he should have gotten. The turds who brought this suit, the lawyers who facilitated it, and the jury in this case should all get the same....


39 posted on 08/27/2011 1:37:34 PM PDT by GenXteacher (He that hath no stomach for this fight, let him depart!)
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To: Travis McGee

This is one case that needs to be appeal.


40 posted on 08/27/2011 7:31:52 PM PDT by CodeToad (Islam needs to be banned in the US and treated as a criminal enterprise.)
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To: marktwain

Just one more example why there should be a mandatory IQ level to serve on a jury otherwise lawyers are going to keep on gaming the system, using puppets posing as rational adults. “Education level? 3rd grade? Oh you-are-in!” This is exactly why Commiebama and Holder want KSM tried in a civilian court which to me is pure treason. The architect of the biggest mass murder in US history, and they want him tried with full constitutional rights by a jury of retards all so he can be freed.


41 posted on 08/28/2011 2:24:48 AM PDT by GrandJediMasterYoda (Mark Halperin - Learned the hard way what happens when you speak the truth on PMSNBC.)
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To: marktwain

“...awarded nearly $300,000...”

It’ll be gone in a year, probably with little or nothing to show for it except the lawyer will have a bigger car.


42 posted on 08/28/2011 2:30:00 AM PDT by PLMerite (Shut the Beyotch Down! Burn, baby, burn!)
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To: marktwain

...were painted as vigilantes who plotted a deadly ambush rather than let authorities deal with a string of recent burglaries.


Well, there you have it...”rather than let authorities deal with a string of recent burglaries.”

Seem like typical police protection. Do nothing about being broken into or robbed over and over again. When it comes to being protected against crime, the police are as worthless as tits on a boar hog. Of course, in Colorado they even coddle criminals so the “vigilantes” had to do something to protect their property and business.

Think God I live in Texas and are able to protect my property and life legally.

Remember, when seconds count the police will be there in a matter of minutes.


43 posted on 08/28/2011 5:07:05 AM PDT by DH ( Rick Perry 2012...Be proud to be an American once again!)
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To: PLMerite
It’ll be gone in a year, probably with little or nothing to show for it except the lawyer will have a bigger car.

Yes. I have seen it over and over again. If people have not developed the habits and skills necessary to manage money, obtaining a windfall does not give them the skills or habits.

44 posted on 08/28/2011 5:52:58 AM PDT by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: lowbridge
Future earnings from what? More burglaries?

Yeah but, you know how valuable the companionship from a meth addict is.../sarc

45 posted on 08/28/2011 7:55:23 AM PDT by Last Dakotan
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To: hopespringseternal

There can only be one explanation:
The OJ and Casey Anthony juries are BREEDING!!!!!!


46 posted on 08/29/2011 6:13:03 PM PDT by massmike (Massachusetts:Stopped hanging witches;started electing Kennedys.Coincidence?)
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