Sometimes, justice can be tough to digest. : proof that justice can frustrate

[auntAgonist]

Yesterday's conviction of Detroit homeowner Tigh Croff on charges of manslaughter and using a firearm in the commission of a felony has left a lot of Metro Detroiters with just those feelings — myself included.

Croff, a security guard, was convicted barely more than a year after he chased down, shot and killed a burglar he'd caught breaking into his east side home.

Jan. 19, Detroit Free Press: Croff, 32, will have to serve a mandatory two years in prison for the firearm offense, plus up to 15 years for the manslaughter conviction. Judge Michael Hathaway allowed Croff to remain free on bond pending the Feb. 18 sentencing.The case drew wide attention as a test of a homeowner's license to protect his property.

"I can understand the frustration of people and crime, but this is not a free-fire zone," said Assistant Prosecutor Molly Kettler.


http://www.mlive.com/news/detroit/index.ssf/2011/01/conviction_of_detroit_man_who.html

[GreenStormCloud]

1. In Texas that would be legal. N/T

[Hoopla Phil]

2. During the hours of darkness IIRC.

[Tuesday Afternoon]

5. do tell

:popcorn:

[GreenStormCloud]

6. Only for theft or criminal mischief does it need to be at night.

The others can be during the day also.

[Hoopla Phil]

11. That's what I was remembering. I remember a very infamous case in

Corpus Christi in the early 80's. Man went out and shot some teens that were TPing his house late one night. He was arrested and charged but eventually acquitted. TPing is classified as criminal mischief and deadly force was legal to stop it.

[Katya Mullethov]

14. Corpus Christi ,Corpus Christi

Lord you make my eyes misty !

Remember the dude in Bishop not long after that who cammped out in his truck and drilled some teenaged burglar between the shoulder blades with a 22 ? Same ending .

[Hoopla Phil]

15. No but I do remember the high school kid from Calallen that shot a police officer

that was illegally breaking into his house while he's parents were away. He was ruled to be justified too.

[Katya Mullethov]

17. And a teen on Ocean Drive . Point blank in the top of the gourd

Had em tied up , kid shot him through the crack in the door as he tried to get in and "kill them" for getting loose . pop .

There certainly is precedent for this . But chasing them down and doing a Grand Theft Auto mag dump on the corpse is just gonna look bad no matter .

[badtoworse]

3. Are you sure?

Croff was on the street, outside his home and the burglar was unarmed. According to the news article, the burglar had raised his hands, apparently surrendering. Wouldn't the law require at least the perception of a threat to justify lethal force?

[GreenStormCloud]

7. Here is the law:

http://law.onecle.com/texas/penal/9.42.00.html

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.

[badtoworse]

10. Then I would say the shooting was unjustified

Assuming he was surrendering, then the action fails to meet (3)(A) or (3)(B). If he chased him out of the house, then (2)(A) no longer applies and if he was surrendering, then (2)(B) doesnn't apply.

[Tuesday Afternoon]

13. I am inclined to agree with you. n/t

[Tuesday Afternoon]

4. oh. really

:popcorn:

[GreenStormCloud]

8. See post # 7. N/T

[Tuesday Afternoon]

9. thanks.

[X_Digger]

12. You don't 'chase down' a burglar, unless someone is still in danger. n/t

[shadowrider]

16. IF all facts are actually as presented, the shooter was wrong

That said, media outlets have a tendency to leave out facts either intentionally or unintentionally.

I'll wait for more info before making up my mind.