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Old 30 September 2013, 03:13 PM
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A Turtle Named Mack A Turtle Named Mack is offline
 
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Cowboy Texas store owner who guns down man stealing beer is arrested for murder

A Texas store owner was charged with murder over the weekend after he fatally shot a man who was allegedly walking out without paying for beer.

According to Corpus Christi police, the unnamed 39-year old victim was shot multiple times — including at least one blast to the head — on Saturday night by 51-year-old Rodney Duve, the owner of Duve’s Quick Stop. The victim, who KRIS-TV described as a “known gang member,” was reportedly walking out the door when he was killed.

http://www.rawstory.com/rs/2013/09/3...ying-for-beer/

I changed the headline because the more interesting story is that the owner was arrested for murder for shooting and killing to stop a theft. We so often hear that Texas allows any amount of force in defense of property, but at least the Corpus Christi police seem to see it differently.
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Old 30 September 2013, 03:22 PM
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We'll, I guess we'll see how it all plays out...
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Old 30 September 2013, 03:36 PM
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SNAL, but I think the difference is that the Texas statute requires that the theft be by "force, threat, or fraud". I don't think just walking out is fraud as the criminal statutes against fraud seem to include false information or documents or something similar. And none of the articles I've found indicate that the victim was using threats or force when stealing the beer.
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Old 30 September 2013, 03:49 PM
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Well, he's only been charged. See Jury acquits escort shooter. I guess the outcome will depend up one which of the people quoted in the article in the OP best represents those who end up on the jury.
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Old 30 September 2013, 03:57 PM
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A Turtle Named Mack A Turtle Named Mack is offline
 
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Quote:
Originally Posted by wanderwoman View Post
Well, he's only been charged. See Jury acquits escort shooter. I guess the outcome will depend up one which of the people quoted in the article in the OP best represents those who end up on the jury.
True, but not exactly. It only takes one person on the jury who determines he will never convict a guy for using a gun to protect his store, even against a shoplifter, and no conviction would be reached. Of course, that would most likely lead to a hung jury, so it could be retried, until they can get a jury that can come to a full agreement. I honestly think the most likely resolution will be a misdemeanor conviction, whether bargained for or by a jury reaching a compromise verdict. Probably something like misdemeanor manslaughter, probably not as low as 'unlawful discharge of firearm'. Then the sentencing will probably reflect the track record on thefts and efforts to defend at the store - I am guessing likely probation, community service, and a big fine.
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Old 30 September 2013, 04:28 PM
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IANAL, I, I however, find it disgusting that the sentence for stealing less than 10.00 worth of beer, appears to be death. I work in a store that sells beer. If someone wants it bad enough to steal it, I will call the cops and let them sort it out. This is also company policy. He didn't just shoot the guy he pretty much slaughtered him over a case of beer. It makes me ill.
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Old 30 September 2013, 04:45 PM
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I get what you are saying, Sylvanz, but let's not confuse terms. A sentence is a deliberate decision by society upon process being afforded to address issues. This was a snap decision by someone to use a gun and make a point rather than just let the theft go.
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Old 01 October 2013, 02:59 AM
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But by the time the shooting occurred it wasn't really defense so much as retaliation.
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Old 01 October 2013, 12:52 PM
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As reported, this could go either way.

The dead guy was reported as "a known gang member." Hence it is possible, although not at all evident in the report, that there was a history of threats against the store owner. Also, the guy who took the beer could have said that there was another gang member outside with a gun. Again, not reported.

Also reported is a statement that the store owner was given to rages.

The first statement could mean the store owner was justified. The second could mean that he was not.
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Old 01 October 2013, 04:13 PM
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Quote:
Originally Posted by A Turtle Named Mack View Post
I get what you are saying, Sylvanz, but let's not confuse terms. A sentence is a deliberate decision by society upon process being afforded to address issues.
I'm not Sylvanz, but I think her point is - certainly, my point is - the sheer number of people who seem to think the store owner was perfectly justified in gunning someone down for a non-violent crime, the approval both explicit and implicit after the fact make it seem like society has made a deliberate decision.
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Old 01 October 2013, 05:19 PM
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Also, people are allowed to speak metaphorically. Just as some people might refer to a vigilante as "judge, jury, and executioner," without being confused about what those terms mean.
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