Friday, September 9, 2011

an interesting lawsuit

lawyers are scumbags until you need them.    then you might want to hug them.

in colorado, 2 years ago a burglar broke into an auto lot and, since the place had been broken into before, the owners of the place were lying in wait with rifles, and when 2 people broke in, they started firing, even though neither of the assailants had displayed a weapon.

one of the 2 intruders made an escape over the fence and one did not.
robert johnson fox was killed hiding inside a shed when a 45 caliber rifle bullet pierced his heart.

the d.a. office declined to file charges, sending the case to a grand jury which returned no indictment.

a civil suit was filed against the lot owners on BEHALF OF THE 3 YEAR OLD DAUGHTER of the deceased burglar, a jury has awarded her $269,000 for loss of companionship and future earnings.

i thought when somebody broke into my place, not necessarily residence, it was the fault of whomever broke in.

the lawsuit proceedings deemed robert fox a trespasser.  the 2  trespassers were  meth users who needed money.

the 2 owners waited to ambush with deadly force with an h&k 45 caliber urban assault rifle and a 9 mm. handgun.  when they saw the 2 intruders, they charged out with weapons blazing.
they didn't say to stop or i'll shoot or anything of the sort.

they said instead "we're going to get you ----ers."     the property owners used the self-defense defense; the court, and colorado state law determined that the owners lives or serious bodily harm weren't threatened.

one escaping intruder and one hiding weren't considering serious bodily threats.

the threshold is much higher if one is defending their nonresidential property.  

colorado has a make my day law which allows shooting an intruder on your dwelling, which doesn;t apply to your shed on your property.

robert  fox had knives strapped to his ankles.
the property owners said that shot weapons into the shed not knowing if anyone  was inside.

the lawsuit was filed by the 8 month old, at the time,  daughter. fox, the father wasn't married to the child's mother.
a suit for a loss of companionship and loss of earnings from a meth user seem like a bit of a stretch.

projected future earnings from a 20 year old meth user with a long record might seem a bit of a stretch.

what do you think?

brahms requiem(finale)

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