daniel.call wrote:This is Awesome...http://www.ksl.com/?nid=148&sid=1406137
Two Provo Men Confront Car Burglars With Guns
June 27th, 2007 @ 3:58pm
Tonya Papanikolas Reporting
Two young men in Provo decided to take the law into their own hands this morning when their car was being burglarized. The men approached the suspects with guns.
These men who were apparently fed up with being burglarized and decided to do something about it. This wasn't the first time this had happened. Last week the car had been broken into. So the owner installed an alarm that pages him when someone is trying to get in. This morning at 4:30 that alarm went off. So the man woke up his roommate and they each grabbed pistols.
Then they ran to the underground parking garage and caught two men trying to steal stereo equipment out of his car. Capt. Cliff Argyle with the Provo Police Department explains, "The owner of the vehicle and the roommate approached the two suspects, guns pointed, told them to get on the ground. The suspects don't want to get on the ground. They decide they're gonna leave."
The suspects jumped in their car and tried to take off. The roommate believed the men were going to run over his friend, so he shot at the driver's front wheel to try to stop him, but the suspects were able to get away.
The two young men were able to get the license plate number of the car and police are trying to track that down. But officers say it's never a good idea to confront suspects who are committing a crime. No charges will be filed against the owner of the car and his roommate, but police say these two young men were very lucky that nothing bad happened.
How ever they were not within the Legal Perimeter according to...
"Burglary of a vehicle, defined in Section 76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted."
They needed to have shot them when they where in the Burglurized car and not when they where leaving the scene.
But this is MY Opiniononly.
Utah Code Section 76-2-402
76-2-402. Force in defense of person -- Forcible felony defined. (1) A person is justified in threatening or using force against another when and to the ...
le.utah.gov/~code/TITLE76/htm/76_02022.htm - 5k - Cached - Similar pages
76-2-402. Force in defense of person -- Forcible felony defined.
(1) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that force is necessary to defend himself or a third person against such other's imminent use of unlawful force. However, that person is justified in using force intended or likely to cause death or serious bodily injury only if he or she reasonably believes that force is necessary to prevent death or serious bodily injury to himself or a third person as a result of the other's imminent use of unlawful force, or to prevent the commission of a forcible felony.
(2) A person is not justified in using force under the circumstances specified in Subsection (1) if he or she:
(a) initially provokes the use of force against himself with the intent to use force as an excuse to inflict bodily harm upon the assailant;
(b) is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
(c) (i) was the aggressor or was engaged in a combat by agreement, unless he withdraws from the encounter and effectively communicates to the other person his intent to do so and, notwithstanding, the other person continues or threatens to continue the use of unlawful force; and
(ii) for purposes of Subsection (i) the following do not, by themselves, constitute "combat by agreement":
(A) voluntarily entering into or remaining in an ongoing relationship; or
(B) entering or remaining in a place where one has a legal right to be.
(3) A person does not have a duty to retreat from the force or threatened force described in Subsection (1) in a place where that person has lawfully entered or remained, except as provided in Subsection (2)(c).
(4) For purposes of this section, a forcible felony includes aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, and arson, robbery, and burglary as defined in Title 76, Chapter 6. Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury also constitutes a forcible felony. Burglary of a vehicle, defined in Section 76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted.
(5) In determining imminence or reasonableness under Subsection (1), the trier of fact may consider, but is not limited to, any of the following factors:
(a) the nature of the danger;
(b) the immediacy of the danger;
(c) the probability that the unlawful force would result in death or serious bodily injury;
(d) the other's prior violent acts or violent propensities; and
(e) any patterns of abuse or violence in the parties' relationship.
Amended by Chapter 26, 1994 General Session
Download Code Section Zipped WP 6/7/8 76_02022.ZIP 3,271 Bytes
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Last revised: Monday, April 30, 2007