• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Store owner shoots tire out and finds suspect changing tire blocks away

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
imported post

Tire change stops suspect in Suffolk burglary

By Alicia P.Q. Wittmeyer
The Virginian-Pilot
© December 21, 2009
SUFFOLK

A tire change may have been a burglar's undoing Friday night.

An attempt to burglarize Butler's Store, on Godwin Boulevard, had been unsuccessful. The store's owner, John Butler, said he heard an intruder try to kick in the door and had chased him away, but the intruder managed to drive off and escape unharmed.

"I coulda dropped him," said Butler, who'd come running out of his store with a 9 mm in his hands. He and his wife live in an apartment in the back of the store, he said, and they'd just been burglarized a few weeks ago.

"The thought did cross my mind," he said. "But then I thought, 'No, I don't want to do it.' And my wife, she was inside here crying, and she'd be upset."

So, Butler said, he fired at the tires on the escaping 1997 Chevy, hitting the front left one. The burglar drove off, and police arrived soon after.

Butler was on his way to police headquarters to give a statement when he saw something funny in a 7-Eleven parking lot.

"Car exactly like the way I was saying," he said. "Trunk open. The fella was changing the tire." Butler called 911.

Matthew Freeman has been charged with breaking and entering and possession of burglary tools, police spokeswoman Debbie George said.

Alicia Wittmeyer, (757) 222-5216, alicia.wittmeyer@pilotonline.com
 

Hendu024

Regular Member
Joined
Apr 8, 2009
Messages
445
Location
Virginia Beach, Virginia, USA
imported post

Yeah, while I don't blame the store owner for being pissed, I can see an unlawful discharge or something like that coming his way. If there isn't an immediate threat to shoot, I don't see a reason to shoot at all. I can't sit here and say what I would do under a stressful situation like that, but I don't see shooting out the tires as qualifying as a reason to fire.

Nice shot though. :p
 

nova

Regular Member
Joined
Aug 19, 2007
Messages
3,149
Location
US
imported post

Kevin108 wrote:
Thundar wrote:
Matthew Freeman has been charged with breaking and entering and possession of burglary tools, police spokeswoman Debbie George said.
What are burglary tools?
Anything that could be used to gain entry I guess. Does this mean I can't have a toolbox in my truck since I'm not a licensed dealer of tools? I'd be assumed to have intent to commit burglary? :?

§ 18.2-94. Possession of burglarious tools, etc.
If any person have in his possession any tools, implements or outfit, with intent to commit burglary, robbery or larceny, upon conviction thereof he shall be guilty of a Class 5 felony. The possession of such burglarious tools, implements or outfit by any person other than a licensed dealer, shall be prima facie evidence of an intent to commit burglary, robbery or larceny.
(Code 1950, § 18.1-87; 1960, c. 358; 1970, c. 587; 1975, cc. 14, 15.)
 

Hendu024

Regular Member
Joined
Apr 8, 2009
Messages
445
Location
Virginia Beach, Virginia, USA
imported post

Kevin108 wrote:
Thundar wrote:
Matthew Freeman has been charged with breaking and entering and possession of burglary tools, police spokeswoman Debbie George said.
What are burglary tools?
Could be a number of things. For instance, if the guy has a history of burglary and he gets caught with screwdrivers, a crowbar and a hammer in his car, they can reasonably charge him with possession of burglary tools.
 

Kevin108

Regular Member
Joined
Nov 7, 2006
Messages
353
Location
Portsmouth, Virginia, USA
imported post

I have a van parked outside with bolt cutters, pry bars and lock picking equipment. They belong to my employer and I use them daily for work. Sounds like a slippery slope of vague terminology. Not that there's any question about things in the case of the story above, it's just the first time I've come across that term.
 

fully_armed_biker

Regular Member
Joined
Aug 27, 2009
Messages
463
Location
Portsmouth, Virginia, USA
imported post

Its what I like to call, a "piling on" law. As if charging someone with Armed Robbery isn't enough, then they have to add Using a FirearmDuring the Commission of aFelony,...Oh and you had a crow bar in your trunk? Well, that's Possession of Burglary Tools too.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
imported post

Yes but...

This part of the code is extremely problematic:

The possession of such burglarious tools, implements or outfit by any person other than a licensed dealer, shall be prima facie evidence of an intent to commit burglary, robbery or larceny.
That says to me that merely having fairly common tools in your trunk makes you guilty.

If this same standard were applied to openly carrying a gun... they could put us all in jail for murder.

TFred
 

ProShooter

Regular Member
Joined
Mar 23, 2008
Messages
4,663
Location
www.ProactiveShooters.com, Richmond, Va., , USA
imported post

fully_armed_biker wrote:
Its what I like to call, a "piling on" law. As if charging someone with Armed Robbery isn't enough, then they have to add Using a FirearmDuring the Commission of aFelony,...Oh and you had a crow bar in your trunk? Well, that's Possession of Burglary Tools too.

What is wrong with charging someone with every offense that they allegedly violated? There's actually good reasoning behind that. Its a normal thing that is done by every prosecutor in the land.

If some dirtbag broke into your home in the middle of the night, raped your wife, shot and killed you and then assaulted your child, you think that he should only be charged with the murder as its the most serious of the offenses? I'm lost here....
 

fully_armed_biker

Regular Member
Joined
Aug 27, 2009
Messages
463
Location
Portsmouth, Virginia, USA
imported post

Well...the scenario you presented would be a capital offense...do you really think adding 20 years to the sentence would make any difference?

My problem is with inventing laws...we don't have enough laws on the books?We can't enforce all of the laws that are on the books now....so let's add more! Where does it end? Is murdering someone with a gun any more heinous than with a knife?And we wonder why this irrational fear of guns exists.

Now look at it in this context...

A person uses a gun in self defense and kills his\her assailant, an unsympathetic and over zealousprosectutor gets his hands on the case, tries and somehow convicts the person, that was mearly defending him/herself,of manslaughter, a felony...Oh, and the addedcharge of Using a Firearm in the Commisison of a Felony...
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
imported post

ProShooter wrote:
fully_armed_biker wrote:
Its what I like to call, a "piling on" law. As if charging someone with Armed Robbery isn't enough, then they have to add Using a FirearmDuring the Commission of aFelony,...Oh and you had a crow bar in your trunk? Well, that's Possession of Burglary Tools too.

What is wrong with charging someone with every offense that they allegedly violated? There's actually good reasoning behind that. Its a normal thing that is done by every prosecutor in the land.

If some dirtbag broke into your home in the middle of the night, raped your wife, shot and killed you and then assaulted your child, you think that he should only be charged with the murder as its the most serious of the offenses? I'm lost here....
What's wrong is I carry a "get home kit" in the vehicle that has many items that are "prima facie evidence of an intent to commit burglary, robbery or larceny" when the only intent was to have the means to extricate myself or my vehicle from obstacles that nature or malevolent men have thrown onto the roadway. If the cops ever combine my obstacle removal tools and my gardening implements I am going to be going away for a long time unless I can mount an affirmative defense after being busted at some drunk driver roadblock not for DWI but for possession of burglar tools.

I am not againt laws that apply only to criminals who have committed criminal acts, but being subjected to "possession of burglar tools" for merely carrying a crowbar in the car is taking things a step too far.

I know someone is going to tell me I have nothing to fear unless/until I've done something wrong. OK, how about the fact that I've pissed off the powers that be on Richmond City Council and also violated some city parking ordinance on the ame night? There's the makings of my perfect storm. Please remember visiting days are Tuesdays & Thursdays.

stay safe.

skidmark
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
imported post

ProShooter wrote:
skidmark wrote:
...and also violated some city parking ordinance on the ame night? There's the makings of my perfect storm. Please remember visiting days are Tuesdays & Thursdays.

stay safe.

skidmark
Do we need to put some money in your account for canteen day? :)
Nah, he actually likes the food on the inside and snacks are avail. on the 2nd tier. :p

Yata hey
 

ProShooter

Regular Member
Joined
Mar 23, 2008
Messages
4,663
Location
www.ProactiveShooters.com, Richmond, Va., , USA
imported post

Grapeshot wrote:
ProShooter wrote:
skidmark wrote:
...and also violated some city parking ordinance on the ame night? There's the makings of my perfect storm. Please remember visiting days are Tuesdays & Thursdays.

stay safe.

skidmark
Do we need to put some money in your account for canteen day? :)
Nah, he actually likes the food on the inside and snacks are avail. on the 2nd tier. :p

Yata hey


Those snacks usually come at a steep price....:)
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
imported post

ProShooter wrote:
Grapeshot wrote:
ProShooter wrote:
skidmark wrote:
...and also violated some city parking ordinance on the ame night? There's the makings of my perfect storm. Please remember visiting days are Tuesdays & Thursdays.

stay safe.

skidmark
Do we need to put some money in your account for canteen day? :)
Nah, he actually likes the food on the inside and snacks are avail. on the 2nd tier. :p

Yata hey
Those snacks usually come at a steep price....:)
Its the barter system and its alive and well.

Wonder what the "monetary system" is now that tobacco products (cigarettes) are not allowed.

Yata hey
 
Top