Two Provo Men Confront Car Burglars With Guns

daniel.call · Jun 27, 2007

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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.

UTOC-45-44 · Jun 27, 2007

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daniel.call wrote:

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.

This is Awesome...

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

[size=-1]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[/size]

[size=-1]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[/size]

daniel.call · Jun 27, 2007

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I think the story is a little weak anyway. The article said they fired because they feared the BG's were trying to run them over. Even though the tires are more likely to cause direct pain my bullets would head towards a more animate object when I was in fear for my life.

Lew · Jun 27, 2007

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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.

Who's lucky?

I like how it's so shocking to take care of yourself (and your property). Hmm.

eBratt · Jun 27, 2007

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My opinion is that these two guys are really lucky. The one who thought he was going to shoot out a tire to save his friend's life needs a reality check. If the suspect had been intent on running his friend over, his friend would be dead regardless of whether he hit the tire or not.

Maybe this is a stretch, but I think the fact that he tried to shoot the tire and not the driver shows that he isn't mentally prepared to shoot another person in defense of life.

They would have been a lot smarter (including being on better legal ground) to take down the license plate, descriptions, call the police, and watch the individuals from a distance, perhaps giving the police a chance to apprehend the criminals instead of scaring them off.

No life was in danger, no reason to put yours and your friend's on the line for a car stereo.

apjonas · Jun 27, 2007

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Two Provo Men Confront Car Burglars With Guns

Please write titles that are not ambiguous or vague or uninformative. This says the burglars have the guns (what is a "car burglar" anyway? Somebody who breaks into your car to steal your possessions?) What is wrong with:

Two Provo Men With Guns Confront Car Burglars or

Two Armed Provo Men Confront Car Thieves

unrequited · Jun 27, 2007

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Different article, some different details, nothing much more though:

http://www.abc4.com/news/local/story.aspx?content_id=f9b7bdc6-ad3b-4017-b9e4-8fad61e5ae62

The suspects in this case are two Hispanic males, described as being medium height and weight. The vehicle they escaped in was described as a smaller, green vehicle with Utah plates. If you have any information about this crime, call Provo police.

UTOC-45-44 · Jun 28, 2007

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"The suspects then ran to their car and started to leave very quickly. The roommate believed that the suspect car may hit the owner of the burglarized vehicle and fired a shot at the suspect vehicle's tire. "

IF he thought that that his roomates life was in danger...it THEN became a Felony Crime and should have AIMED TO STOPTHE THREAT.

I mean Double-tap at Body Mass. And still threat not stopped another shot or two.

-"Officer I felt that my roomates (and my ) lives were in jeapoardy, imminent serious bodily injury or death. So I had to STOP the THREAT."

Just my .45

Two Provo Men Confront Car Burglars With Guns

daniel.call

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UTOC-45-44

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daniel.call

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Lew

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eBratt

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apjonas

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unrequited

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UTOC-45-44

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