« Arizona Governor can force Obama to prove he’s eligible…or not! | Main | Obama Won’t Sue Sanctuary Cities – But Will Sue Arizona For Upholding the Law »
July 15, 2010
82 Year Old Man Facing Serious Charges For Shooting At Illegal Alien Thieves
Legal analyst Dan Recht said he believes the Jefferson County District Attorney is "seriously overcharging" a Wheat Ridge homeowner, accused of attempted first degree murder for shooting at two thieves.
82-year-old Robert Wallace said he fired two shots at two men when they tried to run him over while stealing his flatbed trailer.
Wallace now faces twelve felony counts, including four counts of attempted first degree murder, for what he described as an act of defending his property and his life. If convicted, he could spend the rest of his life in prison.
One of the thieves, Damacio Torres later admitted to the theft. He and his partner in crime, Alvara Cardano both have prior arrest records and are believed to be in the country illegally.
But they are not facing any charges.
Recht said, in his experience, prosecutors overcharge cases to force a person to plea bargain. He argued that it's just not right to put a person through that kind of mental and financial stress.
Jefferson County DA, Scott Storey, indicated he'll take a closer look at his office's decision to throw the book at the homeowner and hinted the charges could be reduced. He said the investigation continues into the confessed thieves.
.
82-year-old Robert Wallace said in February that he looked out his window and saw two men 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.
He is facing life in prison for protecting his property against thugs who were attempting to steal some of his property.
Wild Thing's comment........
Obama's America!
Illegal aliens with prior records who admit guilt don’t get charged, while a homeowner defending his property gets charged with attempted first degree murder for almost being run over and deciding to defend his property. SHEESH!
Do these idiots really not understand what’s coming down the pike if the general populace loses faith in the rule of law?
Posted by Wild Thing at July 15, 2010 05:49 AM
Comments
Wasn't this, defending your property, the basis of the last Supreme Court decisison on gun Rights ? Where has this State been hiding ?
If you can't defend your property then we are no better than any other country and that throws the property rights clause out the window.
This whole idea that you can't defend your property has been going on for year now.
about 10 years ago when I was still in business, I'd stop at the Home Depot for parts if I was too far away from my supplier. when I Came out and some guy comes up to me and says, is that your white van I said, yeah, he says well you've just been 'ripped off', but not to worry, I have the license plate number and a description of the perp. Oh that's great. Since Home Depot was still in Warren the Warren Cops had jurusdiction. So I went there and filed a complaint. After about two weeks with no action, I went to the State Police, they told me, Take the day off and drive down to Rodgers Ohio there's a big flea market there and they will probably have your tools. So let me get this straight, My tools are stolen, I have to pay to get them back and you won't even look for them, Yeah that's about right.
Next time in warren City, I went to the Sherrif's office and told them what happened, I told them I have a license number, I know where the guy lives and I know who it is. Oh great they say, give us the information. OK I do. I waited outside in their lobby they came out a little later, Oh don't worry about it he is under survelience, I said but I have an eye witness, didn't mean nothing.
In 6 months I had been ripped off 3 times to the tune of almost 20 thousand dollars. The Third time they broke into my garage and cleaned me out. And we lived way the hell out in the country. This time I had insurance...whoopi, had to pay a 500 dollar deductable first... I called the Sherrif, took him about an hour to get there. Filed my report, and I said, next time can I shoot the bastard. Sherrif says, no, not unless you want to go to jail. The deputy said, unless he is attacking you with a gun you can't defend yourself with lethal force.
It may not sound like much but as a small business Electtical contractor your tools are your hands and I consider them as important you can't work without them. So i guess all states are just about like Ohio is/was. The perp has rights and you don't. And the Cops don't give a damn .
So I can understand where this guy is coming from it is a sad commentary when you can't defend your family or property.
Posted by: Mark at July 15, 2010 08:38 AM
They can charge him but I would think they couldn't find a jury to convict him. I'd contribute money to his defense.
Posted by: BobF at July 15, 2010 10:22 AM
i lived in Colorado when they passed the "Make my day" law. That law allowed you to protect yourself with lethal force in your house. Guess it does not apply in your yard.
In Texas you now have the right to also protect your property, but I am sure trial lawyers will work their way around that somehow.
DAs and lawyers take what is morally and realistically right and use technicalities to turn it 180 degrees. Like Orwell. One of the main things wrong with govt is that it is staffed by too many lawyers. America has too many damned lawyers.
Posted by: TomR,armed in Texas at July 15, 2010 10:28 AM
Well then Tom, maybe we should start hanging lawyers to thin out the field. We can start in DC.
Posted by: cuchieddie(Enemy of the State) at July 15, 2010 10:47 AM
This is outcome of law schools emphasizing "social justice" and political correctness in general.
Posted by: Anonymous at July 15, 2010 12:51 PM
Mark,
This is a mindset that has been building for some time now, decades really,
but most recently manifested by the anti military hippie crowd that grew up and came of age in the 1960's like Hillary Clinton and her "It takes a Village" creed fully metastasized by her rival and fellow traveler now in the White House.
On the front facade of The American Legion Building on 16th & K Streets, NW in Washington, just a couple blocks from the White House, are still inscribed the words, "God and Country";
-three words that used to mean something for soldiers and civilians alike, three words that used to be the mantra of our civics and social studies classes, of our noble history and a basis of American virtue and our American culture.
Far too many of today’s generation of Americans, brought up in the modern day pop culture of television, consumed daily with their on-line computers, are graduates of an "enlightenment" education with a perverted and contrived revision of history, (“Washington, Jefferson, Lincoln were enlightened secular humanists”) when we know well they were good learned men of conviction and faith, God fearing men who wrote about the Almighty all the time.
It takes a village tolerates every errant behavior under the sun, except those that work more than 40 hours a week or more to better provide for his/her family and a better future for him/herself; then you’re selfish.
It is a culture that does not believe in punishment or jails; a collective culture that neither recognizes nor rewards the productive and the law-abiding. It is not civilized nor urbane at all, but a creed of deceit and sloth that relishes in lawlessness and disorder, where individual choices in life are made for you by the collective because you are not capable of making them for yourself.
It takes a village raises these criminals.
No, it doesn’t take a village.
It takes good parents !
two of them, one Father and one Mother.
From an American culture that taught us virtue as American children growing up, "when you're Mother’s not around, your Teacher is your Mother, and when you're Father’s not around your Policeman is your Father." Not a village.
No matter how good life is or can be, this is a mindset that sees unfairness and injustice in everything.
They, together with the Rights of the Accused crowd they appoint to our judiciaries, defend the scofflaws, the criminals, and these barbarians. For them, their sympathy is endless.
Lost in their guilt, passing judgement on everyone else, and seeking only what makes them feel good, the collective and the rights of the accused are more important to them than the man killed or the woman raped or stolen from in their home or their place of work; and more important than the family left behind.
A belief system that really does not believe in private property at all.
It is a collectivist mindset that empowers elitist central planners with dominion over all -to govern us all in a life by government ration.
It's not spread the wealth, but spread the misery.
A despicable, vile, loathsome creed that believes in neither God nor country.
To them environmentalism and equality is their religion, and any fidelity to country is remote and waning.
They are not American citizens, but citizens of the world with this creed of sloth and deceit that seeks to undermine the very ground we live on.
What's sad, disappointing and truly illuminating is how this enlightenment left wallows in failure and denial, is consumed in the torrid history of slavery, sees all of life through the prism of race, and immersed in guilt, is endlessly fault finding in our nation's noble history finding inequality and injustice in everything under the sun no matter how good life is.
-All the while professing to be so tolerant of other people, cultures, and all manner of errant human behavior and lawlessness, yet showing their true colors, so intolerant and hateful of Christians and our Judea-Christian origins, and the very people, from William Bradford and his devout Mayflower followers in 1620, to the founding of our republic in 1776, to the present day, that worked, sacrificed, built and made this country from a vast wild frontier.
Enlightenment ? Really.
Rooted in what ?
Extreme environmentalism, equality, and a road paved in mere good intentions to where ?
If we don’t know where we’ve been, if we don’t where we are, if we don’t know where we’re going, any road will take us there.
Look around you and the relative comfort, environment, and more importantly the freedom of so many choices we live with in life and how little by little those free choices are bing taken from you by the unchecked growth of government intervention in our private lives.
Register to vote and show up. Protect it for yourself and your own, for we could easily lose it all to those that would just as well see us not here at all.
More and more Americans are waking up to the folly of this vile creed of sloth and deceit.
The elections in three and half months will be foretelling as the Governor elections in New Jersey and Virginia and the special Senatorial election held in far left Massachusetts that did not elect a Democrat to fill a long held far left seat.
Let’s all spread the word. We are Americans:
http://www.youtube.com/watch?v=0heL2Czeraw&feature=player_embedded
Posted by: Carlos at July 15, 2010 04:01 PM
Excellent comment Carlos. You should be a history or civics teacher in high school, teaching young minds about the concepts of God and Country. I wish I could write as eloquently as you do.
Posted by: TomR,armed in Texas at July 15, 2010 07:11 PM
Well said Carlos!
Posted by: BobF at July 15, 2010 11:00 PM
Mark, thank you so much for sharing about your experience. wow That is so horrible what happened and to have it happen and then the way the police handled it makes it even worse, really bad.
Tom ,I never knew about that, thanks for sharing about Colorado.
Carlos. well said!!!!! That was really good.
Posted by: Wild Thing at July 16, 2010 03:35 AM
Carlos, I know that. My wife and I raised 6 kids I know what the deal is.
All I wanted was for the cops, the DA somebody to do something. I had an eyewitness, we knew who the guy was, the cops knew the guy they arrested him before.
But all I got was "We are working on it." or Go down to the Flea Market and buy your tools back, excuse me I paid for the damn things. If they knew Rodgers Ohio Flea Market had stolen equipment why are they not down there arresting somebody.
IN 6 months they got me 3 times finally after the second time I started insuring ever hand tool I could. Then there was the damn deductable and when all was said and done I'm out 20,000 dollars, lost jobs, time and tools and they still haven't arrested anybody. But when they came to my house and got me the last time, thats when they really pissed me off.
I was told you can not defend property. They have to come into you house with a gun then you can shoot the bastard.
Posted by: Mark at July 16, 2010 08:48 AM