Burglar's family awarded $300,000 in wrongful death suit

29 Aug 2011 13:16 #21 by PrintSmith
Ahhhh, but these men were not prosecuted for murder, were they Wayne. No, the DA and the Grand Jury both refused to prosecute them for that crime, because they likely would not have been convicted of a criminal act had criminal charges been brought against them. No, this was a civil action. And so I ask again, what is the likely income lost from the death of a likely inmate in the penitentiary system? What is the loss of companionship worth for someone who will likely spend a lot of their life behind bars? $300K? Not in MNTBHO.

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29 Aug 2011 13:44 #22 by UNDER MODERATION
Replied by UNDER MODERATION on topic Burglar's family awarded $300,000 in wrongful death suit
You republicans all talk so tough, but you really don't want to kill another human being over property. Killing people in real life is not as glamourious as it is on tv guys..

Just, please try keep that in mind next time someone accidently stubles onto your property..A little 3 year old girl can pull a trigger, it doesn't make you tough or couragious in anyway..Quite the contrary

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29 Aug 2011 15:21 #23 by bailey bud
The civil award (not even government imposed --- it's community imposed - by a jury of peers) will likely be challenged - and an out-of-court settlement of $100,000 or so will be reached (paid for by an insurance company) .

The insurance company will be just fine with a $100,000 settlement. I doubt this car dealer will have problems with burglars for awhile. Claims will go down.

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29 Aug 2011 16:43 #24 by navycpo7

Vice Lord wrote: You republicans all talk so tough, but you really don't want to kill another human being over property. Killing people in real life is not as glamourious as it is on tv guys..

Just, please try keep that in mind next time someone accidently stubles onto your property..A little 3 year old girl can pull a trigger, it doesn't make you tough or couragious in anyway..Quite the contrary


vl, regardless of the fact that I agree with you on this, why is it yo always have to bring in politics. This has nothing to do with it. I know as many Dems that would do the same thing. So come on back to reality, try to talk about something without bringing politics into it. Besides you are always on here trying to talk tough, yet you are not even close. Told you before, you are no better than the rest of us. Have a great day.

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29 Aug 2011 17:01 #25 by UNDER MODERATION
Replied by UNDER MODERATION on topic Burglar's family awarded $300,000 in wrongful death suit
I have to respectfully disagree

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30 Aug 2011 07:55 #26 by cydl

"WayneH wrote: Colorado law is quite specific on what that entails: I believe it is an armed person confronting you...

It's NOT someone crouched down inside a shed behind a closed door with no weapon in their hand.


Colorado Revised Statutes: Use of Physical Force and Use of Deadly Physical Force (18-1-704.2):

18-1-704. Use of physical force in defense of a person.
1. Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself
or a third person from what he reasonably believes to be the use of imminent use of unlawful physical force by that other person, and he may use a
degree of force which he reasonably believes to be necessary for that purpose.
2. Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
a. The actor has reasonable ground to believe and does believe, that he or another person is in imminent danger of being killed or of
receiving great bodily injury; or
b. The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment
while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or
c. The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery
as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402 or in section 18-3-403 as it existed prior to
July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.

It doesn't have to be an armed confrontation.

But, as someone already pointed out, there were no criminal charges. This is purely a civil case which (in my understanding - I'm not an attorney) uses a less stringent litmus test.

If I've been repeatedly burgarlized and they come back, they're gonna be staring at my 12 gauge.

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30 Aug 2011 08:17 #27 by The Bear
As someone who has a concealed weapon carry permit, the understanding is it is the last line of defense and if you shoot it will change your life. It is not manly to admit but retreating is always your best option. I have also served on 4 trials on various types of cases and I can tell you it is not fair to judge the outcome of a trial unless you have been there for the entire process. This is a tragedy on many levels and all involved and there families will be affected.
No judgements here.

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30 Aug 2011 09:08 #28 by cydl

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