Kalifornia

[1CAV]

L.A. Man Shoots Car Thief, Charged with Murder
Wed Apr 7, 5:51 PM ET
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LOS ANGELES (Reuters) - A 26-year-old Los Angeles man who prosecutors say shot at two thieves stealing his car, killing one of them, was charged on Wednesday with murder.



Yoon Ho Song could face 50 years to life in prison if he is convicted of the first degree murder of Mario Sandoval Martinez and a special allegation of using a handgun, a spokeswoman for the Los Angeles County District Attorney's Office said.



Prosecutors say Song came out of his house to find two car thieves pushing his customized Honda out of his driveway in the predawn hours on Monday and opened fire, hitting Martinez, 25, in the back. The second suspect got away.



"The fact that your car is being stolen isn't a legal justification for killing somebody," Deputy District Attorney Frank Somes said. "Generally, you're not allowed to kill people unless they are committing a violent felony or you are acting in self defense."



Somes said police initially focused on Song as a crime victim but "essentially began questioning whether he was the victim or a suspect when they learned the person stealing the car had been shot in the back."



An attorney for Song, who was expected to make his first court appearance in the case as early as Wednesday, could not be reached for comment.

[BrianK]

Several years ago a similar thing took place in Pennsylvania when a homeowner shot & killed a thief stealing his lawnmower. The thief had his pickup truck in the man's driveway & was attempting to load the mower in the bed of the pickup.

To clarify what I think. Theft is theft car or mower the value of a posession shouldn't make a difference.

Now back to the outcome.

The homeowner was arrested & found guilty of 2nd degree murder. Reason: The thief was not in the homeowners house, posed no immediate threat to him & the police could have been called while holding the man in custody. Serving 15 to 25 years he is eligible for parole in 15 years.

Deep in debt to lawyers the man & his family have lost everything they had. But it doesn't end there. While he is in jail & still married if his wife manages to aquire anything it will be confiscated & used as payment to the thiefs wife for winning a civil lawsuit in the wrongful death of her husband.

[cb88]

This is why, when given the choice to move back to California where I was born and raised, or move to Texas, I chose Texas.

[Carnage_59]

In many states that are heavily Democratic, (IL, CA, NY, etc.,) the criminals have more rights than the victims!!!

There's something seriously wrong when a person is not allowed to defend his property.


In Illinois, you cannot shoot a burglar outside the house because it would be murder, but you also cannot shoot the burglar while he's in the house or you could be charged with entrapment to commit murder. You must shoot the burglar when he's coming in the door or the window.

My grandfather shot and killed a burglar. After killing him, he dragged the man's body to the door and left it in the doorway, then mopped up. The policeman at the scene looked at my grandfather and said, "Ah, I see you shot him when he came in the doorway." and winked at my grandad.

There are some seriously messed up laws in this country. Legislatures are a mess in many states. People expect the government to handle everything. That's NOT THE AMERICAN WAY.

[Hoss68]

So what are Californias rules of engagement for deadly force?

[AT3Weins]

It's been awhile, so I might not be 100% accurate.

The burglar has to have a gun pointed at you or your family, otherwise you can/will be charged with murder/manslaughter.

If the burglar has a knife...they have to be in the act of stabbing you or you can/will be charged.

If the burglar is unarmed....kiss you life goodbye cuz you're going to jail.

[Hoss68]

That sucks... Where I work a bear hug is justifiable for us to use deadly force.

If I recall we could use it for property also.