hay theft

I hate to think of the stealing thats quite apt to start happening with the high cost of fuel oil here in the north east. Lots of people are getting squeezed quite hard and home heating fuel is a nessesity. The other day when I was in a grocery store, I saw some guy in his late 20's slip a magazine off the rack into his jacket, then walk over and join his woman and kid, what a bum, like a magazine is a nessesity.

Quote:

NY Law states: "6. A person may, pursuant to the ensuing provisions of this article, use physical force upon another person in defense of
himself or a third person, or in defense of premises, or in order to prevent larceny of or criminal mischief to property, or inorder to
effect an arrest or prevent an escape from custody." NY Penal Law 35.10(6)>Link

Penal Law, sec. 35.30, titled "Justification; use of physical force in making an arrest or in preventing an escape", provides: NY Penal Law section 35.30(4) states: "4. A private person acting on his own account may use physical force, other than deadly physical force, upon another
person when and to the extent that he reasonably believes such tobe necessary to effect an arrest or to prevent the escape from
custody of a person whom he reasonably believes to have committed an offense [in his presence, see CPL Article 140] and who in
fact has committed such offense; and [after giving due notice of the grounds for the arrest] he may use deadly physical force for
such purpose when he reasonably believes such to be necessary to:(a) Defend himself or a third person from what he reasonably
believes to be the use or imminent use of deadly physical force."

PS I'm dumber I shot myself ( I ain't talking but they called me Queeckdraw in the hosital)

I would not have fired the second shot. It was a bale of hay, and he was leaving. I could only fire directly at someone who chose to come at me after the warning shot. That's my conscience and, I expect in many places, the law, guiding that statement.

Even given the remote possibility of a ricochet, I'd put a warning shot into the ground. Had a fellow working for me a few years ago, who supposedly (I don't buy it, but the jury did) fired a warning shot into the air when he heard someone breaking into a neighbors machine shop, maybe 25 yards up the road. The warning shot (he said in court that he fired straight up or nearly so, and that it was the only shot he fired) somwehow made its way through the back window of the offender's car and severed the neck of his girlfriend who was in the back seat.

Sure.

To fire a warning shot then fire another shot to kill for simple theft just doesn't sound right. If his intent was to kill the theif then he'd never have fired a warning shot.

Think I'll wait for the rest of the story to surface.

Our laws are partical at fault for the simple theft in the first place. When I was in Denver 30yrs ago and had someone break out my wing window and steal my CB, the cops said they were too under staffed to be concerned about petty theft.

When I called last year on kids tearing up my neighbors car he has stored on his property, I once again heard were too under staffed to be concerned about simple theft.

So then if no one trying to stop the theifs it just has to grow larger to my way of thinking until someone says no more.

T_Bone

Feel sorry for all in the story.