CA - Man fires gun to scare 3 gang banger burglars. Charges?

[Irish]

http://www.modbee.com/2010/04/26/1143164/ripon-man-fires-gun-to-scare-off.html


RIPON -- A man who heard banging outside his apartment confronted three suspected burglars and scared them off by firing a pistol, police said today. Officers arrested two of them a short while later.

Police said the incident happened just before 10 p.m. Sunday near West Washington Street and Key Avenue.

The resident told police he confronted three men outside his apartment building and as they advanced on him, he retreated and fired a semi-automatic pistol into the ground.

The men backed off but stayed in the area. Police responding to the possible burglary report captured two of the men about two blocks away: Lamberto Godina, 18, of Ripon and Jose Mendoza, 19, of Salida.

They were booked into the San Joaquin County Jail on charges of assault, trespassing, and creating a disturbance.

Officers are trying to locate the third suspect. All three are documented members of the Norteño street gang.

The police department will ask the San Joaquin County District Attorney’s Office to review the case for possible charges against the victim for discharging a firearm within city limits, under the suspicion that the victim needlessly escalated the situation, police said.

Police are not releasing his identity because he fears for his safety.

Citing an increase in criminal activity, most of it gang-related, in the area, police urge anyone with information on the incident to report it immediately at 599-2102.
Sounds like the UK where the victim is then victimized by the system.

[ZDL]

*******

[Hoss356]

Maybe the DA doesn't know who the Norteño street gang are?! But it sounds like the shooter did! It also sounds fishy like maybe he knew the three that where approaching him.

[NCPatrolAR]

Warning shots are stupid

[Alex V]

Warning shots are stupid

yea, but if he is going to have charges brought against him for the warning shot, Im almost sure he would be facing murder/attampted murder/assault with deadly weapon if he shot any of them

[Safetyhit]

Warning shots are stupid



According to the report, the men were advancing on him after having been discovered while committing a crime and breaking into his residence. He fired into the ground (safe backstop), they dispersed out of fear of being shot (no injuries to prosecute). Sounds ok so far.

Then on top of that, in CA he would have faced a slew of significant charges for killing them while outside under almost any circumstance.

But since we have been down this road here before, I guess the smartest thing to do is ask you specifically what you would have done if you were that man, in that situation, in that state?

This aside from calling 911 and hoping they get there before the men entered his apartment building, that is.

[NCPatrolAR]

But since we have been down this road here before,

"We" as in who?




I guess the smartest thing to do is ask you specifically what you would have done if you were that man, in that situation, in that state?

I would have probably beat feet back to my residence or another place that I felt was secure and dialed 911. If they attempt to get into the residence at that point then it seems to me a fairly clear cut case of self defense.

I'm not a fan of using a gun to try to scare people off. Warning shots and simple brandishing usually lead to more problems than what they are worth.

[Abraxas]

"We" as in who?





I would have probably beat feet back to my residence or another place that I felt was secure and dialed 911. If they attempt to get into the residence at that point then it seems to me a fairly clear cut case of self defense.

I'm not a fan of using a gun to try to scare people off. Warning shots and simple brandishing usually lead to more problems than what they are worth.
I could not agree more.

[Safetyhit]

"We" as in who?

We as in this forum. The "So you shoot to scare a burglar" thread that almost everybody chimed in on. If you didn't, my apologies.


I would have probably beat feet back to my residence or another place that I felt was secure and dialed 911. If they attempt to get into the residence at that point then it seems to me a fairly clear cut case of self defense.

Now that sounds ideal, but about when he went outside, likely expecting danger but by no means was certain of it? Was he possibly not compelled to act at the treacherous time rather than run away hoping to escape?

And more importantly as an officer, are you not aware of the confidence a common thug is instilled with as a result of such a display of cowardice? How do you even know he would have made it to safety?

The blind speculation here is utterly astounding.

[NCPatrolAR]

We as in this forum. The "So you shoot to scare a burglar" thread that almost everybody chimed in on. If you didn't, my apologies.

I dont recall ever seeing that.




Now that sounds ideal, but about when he went outside, likely expecting danger but by no means was certain of it? Was he possibly not compelled to act at the treacherous time rather than run away hoping to escape?

In my mind; if he was compelled to act with the firearm, he should have been shooting at the suspects. To me; the fact he felt a warning shot would suffice could cause me to believe he didnt feel that he was in mortal danger. I'd have to look at the actual case (statements, locations, etc) to get a better understanding of what was done and why.


And more importantly as an officer, are you not aware of the confidence a common thug is instilled with as a result of such a display of cowardice?

Seeking shelter isnt a sign of cowardice; its a sign of being smart. Why stay in a location where I have no real advantage when I can move to an area that better, tactically and legally, for me to be?

When it comes to a witness fleeing the scene, rarely in my experience do the suspects follow him. Most often they are running in the opposite direction. This isnt always true; but its what occurs in the largest percentage of incidents that I've seen.



How do you even know he would have made it to safety?

I dont. But I bet his case would look a lot better for him if he was trying to leave the scene and was forced to shoot.


The blind speculation here is utterly astounding.

Care to clarify this?

[Hoss356]

It still sounds fishy to me, we're not getting the whole story but I wouldn't be surprised to find out the victim was shady as well.

[Safetyhit]

In my mind; if he was compelled to act with the firearm, he should have been shooting at the suspects. To me; the fact he felt a warning shot would suffice could cause me to believe he didnt feel that he was in mortal danger. I'd have to look at the actual case (statements, locations, etc) to get a better understanding of what was done and why.


You make a ton of sense, I would never dispute this. But there is still speculation as to nearly each detail of the specific incident involved.

In my humble opinion, as someone who has been down a very similar road (see mentioned thread if desired), the biggest mistake he made was to go outside to investigate with a firearm. This not because of the act itself, but because of the state he resides in and it's abundance of laws designed to prosecute him for doing so.

Once he made that morally correct but legally incorrect decision, the warning shot may have been the only option other than to actually kill.

[SteyrAUG]

Cali is so ****ed up.

Three KNOWN gang members advancing on one guy during an altercation...seems like disparity of force to me. He should have shot and killed all three without incident.

[SteyrAUG]

In my mind; if he was compelled to act with the firearm, he should have been shooting at the suspects. To me; the fact he felt a warning shot would suffice could cause me to believe he didnt feel that he was in mortal danger. I'd have to look at the actual case (statements, locations, etc) to get a better understanding of what was done and why.



Or he simply exhausted every possible opportunity before he was forced to shoot and kill his attackers. And he was fortunate enough that they accepted the warning.

I, like you, believe he "should" have shot them. But sadly we live in a modern world where what should be done often isn't. This can result from fear of prosecution for shooting unarmed attackers (even though there was disparity of force) to later retaliation by other gang members.

When a ordinary citizen is dealing with things like known gang members, I give special consideration just as most would when dealing with cop killers. Citizens aren't trained officers, they aren't schooled in what is legal and what is not and what they should do in such a situation. Most of them do the best they can trying not to do more than they have to and balancing that with the need to protect themselves and their family.

The victim didn't create the situation, the gang members did. Almost all responsibility for every action that resulted should lay with them.