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Thoughts after a shooting in San Jose

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Old 01-06-2013, 04:18 AM   #1
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Thoughts after a shooting in San Jose

Posting up this link in NorCal because I know a lot of you guys are gun enthusiasts and keep guns for personal protection. Let's try to keep the thread from being closed for politics, OK?

Here's a link to a story about a local guy who's been charged for murder for shooting a suspected burglar he and his boss were trying to apprehend for a citizen's arrest.

The point I want to make here is this: the line between "good guy" and "bad guy" can change in a blink of an eye. Under California law, you can use lethal force (e.g. a gun) to protect your own life or someone else's life. You can't shoot someone just because he's a thief. Or any other kind of criminal for that matter. Even if he's getting away. ESPECIALLY if he's running away.

I'd hate to see some TW member rotting in jail after confronting and killing some thief for breaking into your Tacoma and stealing your shit. No mistake: Thieves piss me off too. But you can't just kill the guy. Everyone deserves their day in court. It's a key part of what makes ours a just society. And it's not worth throwing your own life away to take revenge on some scumbag.

Here's the essence of the article:
Quote:
The police report said the maintenance supervisor ... recognized [the victim] driving his truck into the complex... The supervisor told police that [the victim] was a suspect in prior burglary incidents there, and that he phoned [the suspect] to help him make a citizen's arrest...
The supervisor told investigators that the apartment complex... [has] been plagued by burglaries.... He didn't think police would respond in time, so he and Hernandez decided to confront [the victim] and hold him until police arrived. When [the victim] tried to flee, he was allegedly shot by [the suspect]...
By all accounts, the victim's pretty much a career criminal, and the shooter's an otherwise good guy. So it's really sad to see this.

Here's the complete article.

http://www.mercurynews.com/crime-cou...illing-charged
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Old 01-06-2013, 04:50 AM   #2
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Hopefully they go easy on the guy
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Old 01-06-2013, 05:31 AM   #3
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The suspect in this case did not have the power of police nor the right to detain the victim. He should have called the cops and if anything, reported where he was but nothing else. When the cops arrived, the suspect could have identified the victim as the perpetrator of whatever crime and asked the cops to place him under citizens arrest (on a personal note, if you want to arrest someone; be very sure of what you are doing.).

Definitely sucks for the suspect.

For those who are not residents of Santa Clara County, the SJPD is understaffed and cannot/will not respond to calls like this in a timely fashion. You can follow some of the suggested links in the article if you're interested in knowing more of the details.
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Old 01-10-2013, 10:44 PM   #4
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Well the SJPD won't be understaffed for long because they're hiring in droves...and hopefully I'll be getting hired by them
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Old 01-10-2013, 10:54 PM   #5
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They've routinely been a difficult agency to get into and although they get a lot of bad press, they are good officers. There's hasn't been an easy job for a while.

Then Chuck just gave his pal, the IPA, a raise. She's a retired judge and already doing well on the county's teat. Meanwhile, the POA has been forced to negotiate lower salaries and so on.

Good luck on your quest to get into SJPD.
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Old 01-10-2013, 11:41 PM   #6
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Thanks! I've already had, and passed, an interview; just waiting to hear back about what's next. I'm supposed to hear back in February. *fingers crossed*
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Old 01-12-2013, 07:56 PM   #7
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Quote:
Originally Posted by darkgreentaco View Post
Steve, I appreciate your attempts at legitimate dialogue on a serious issue that has hit our country for a very long time. But, no one cares to respond or will get fired up unless it is wealthy white people/children that are the victim of the crime.
x2
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Old 01-12-2013, 07:59 PM   #8
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It also seems people forgot about the Zimmerman vs Martin case.
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Old 01-12-2013, 08:23 PM   #9
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Quote:
Originally Posted by darkgreentaco View Post
It also seems people forgot about the Zimmerman vs Martin case.
Not sure we've forgotten. Just we've heard from both side's attorneys but no trial yet (where we're lead to believe more evidence will given).

I know what I think but feel like both sides should have the opportunity to present their evidence before I make up my mind.
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Old 01-12-2013, 10:33 PM   #10
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I'm not in a rush to judge anyone. It's notoriously difficult to reconstruct these things after-the-fact. One guy isn't talking at all and the other guy's definitely telling his own side of the story. Interview four different witnesses - and get five different stories.

So my point is purely cautionary: make sure before you put yourself in that position, before you ever pull that trigger (or even put the finger into the trigger guard) be damn sure that life is in jeopardy and deadly force is the only solution. Far better to de-escalate the situation earlier if you can.

I'd kill a man to protect my family. But if he turned and ran instead - I'd let him go and thank my lucky stars.

So my advice is: do what you need to do. But remember, in taking a life - you'll be judged later by folks far removed from the heat of the moment. Be sure.
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Old 01-12-2013, 10:46 PM   #11
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Quote:
Originally Posted by bjmoose View Post
I'm not in a rush to judge anyone. It's notoriously difficult to reconstruct these things after-the-fact. One guy isn't talking at all and the other guy's definitely telling his own side of the story. Interview four different witnesses - and get five different stories.

So my point is purely cautionary: make sure before you put yourself in that position, before you ever pull that trigger (or even put the finger into the trigger guard) be damn sure that life is in jeopardy and deadly force is the only solution. Far better to de-escalate the situation earlier if you can.

I'd kill a man to protect my family. But if he turned and ran instead - I'd let him go and thank my lucky stars.

So my advice is: do what you need to do. But remember, in taking a life - you'll be judged later by folks far removed from the heat of the moment. Be sure.
well said sir
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Old 01-12-2013, 11:23 PM   #12
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Quote:
Originally Posted by bjmoose View Post
So my advice is: do what you need to do. But remember, in taking a life - you'll be judged later by folks far removed from the heat of the moment. Be sure.
I think your comments are spot on.

And it's a great reminder that if you are using a weapon for protection/home security, training with it so your reaction and decision making becomes more automatic is a good idea so that you can be sure should the need arise.
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