How would you handle this?

[rdb241]

The following is a quote from another forum a few days ago. It happened up here in Washington in the Fairwood area. How would you have handled the situation?


My dog woke me with there barking at 2:19am! I looked out my three years olds window and saw someone in my truck and another person out side the door of the vehicle. I jumped into my pants and grabbed my "new" S&W out of my finger safe and chased them to there SUV. There were 5 of them in a small newer Suzuki, and upon seeing at the window they locked the doorsI pointed the big 44 mag at the driver and instructed him to not start the vehicle and come out! They complied with much hesitation when I convinced them that I ment buisness!!
Turns out they were all a bunch of dumb kids=three 18 yr olds and two 15 yr olds...
I took there car keys and barrowed there cell phone to call the 911. It only took about 5 min for the King County Sherrif to get here!
I would guess that they learned there lesson, as there parents called and three of the parents showed up between 3am and 4am!
I was kinda suprised they didn't get MIP's?? as they were all drinking! I got all my stuff back that they had stolenand there wasn't any damage to my truck as the doors were unlocked. So I didn't press charges! I hope they learned there lesson and won't do something like this again.


My problem with this story is that in the state of Washington...a private party does not have the power to press or drop charges against a criminal. The prosecutor makes the determenation on whether or not to press charges. Also...In my opinion...The King County Sherriff was lazy for not arresting the three 18 yr olds for attempted grand theft auto. In Washington that is a felony. He apperantly didn't want to do all the paper work to let the prosecutor do his job. I wonder what the driver felt looking down the receiving end of a 44 mag.?

Anyway...lets hear you opinion...........

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[toys]

well i wouldnt have jumped out there w/o knowing the sit better. i would have called 911 before i went out too.

i dont know if i would have had them get out of the car since you dont know if they were armed. I would have just kept them there with their hands out the windows or up until the cops arrived and would have made it clear, if ANY of them did ANYTHING stupid, bullets would be flying.

since the owner didnt press chages, what can the DA do? yes, they could have gone the DUI route, but i would have pressed charges anyway just so that the DA has something else to work with. To me, those kids will be doing it again. At the least, they should have been booked, photographed and a report filed so that when they do it again, there will be a report and history shown of their previous wrongdoings.

 

[rdb241]

since they were not arrested and booked...there is NO case to go to the DA. Just an incident report. WTF? King County....efin punks

 

[Abe Froman]

Something doesn't fit in this story. 3 18 year old's are not kids, they are adults. And secondly why is there no arrests made? The guy calls the cops, the cop shows up and says " ok do you want me to arrest them for breaking the law or not?" I didn't think someone had to press charges to have someone arrested for breaking the law, I thought the state would be pressing charges. State of WA VS. 5 dumb shiits. But I might be wrong.

 

[Cougfan2]

My BS detector would have gone off on this one.

 

[rdb241]

Hey guys...I just copied what I read. Maybe some of the facts are not quite correct?

 

[nitetime]

Maybe they wasn't trying to steal the truck. If not then it would be petty thief and MIP right? Maybe not enough for the DA to mess with. I know in my area they would just let them go..

 

[wichaka]

A few things to ponder on this one;

1) There is no "Grand Theft Auto" in WA. State. Theft of Motor Vehicle. I know, its semantics.

2) King Co. gets so many of these, they likely will not arrest based on their jail(s) being full.

3) Just because they didn't arrest, does not not mean they were not charged. The Deputy will most likely submit the case to the PA for review, then the PA decides if they want to charge...same with the MIP part.

So all is not lost. They may seem they are being lazy, but their policies on such crimes governs the way they handle them. As I said above, the capacity of their jail(s) dictate whether an arrest is made or not.

 

[Sulaco2]

Short proof they were trying to steal the car the only charge here is trespass and misdemeanor theft. In WA State - No victim, you refused to prosecute, NO Crime. Without a victim willing to go to court there is no charge, no prosecutor review nada. When you decided you didn't want to get involved game over. Only DV cases and crimes against the state like treason can be prosecuted without a willing victim. In this state when charges are filed YOU are doing it and the state, prosecutor and cops are your assistants in court. Stop whining about the cops, jeez you got a 5 min response and still bash, What a lost cause.

And its not DUI its minor in possession, open bottle seen? With out it most judges will not find in possession, smell is not enough and the cop is not enough of a witness to charge or convict. AGAIN it would take a citizen witness to charge and to show up at trial.

 

[NoAim]

Maybe the guy in the story should lock his truck.

 

[cameronhu]

Maybe the guy in the story should lock his truck.

That's what I was thinking : )

 

[jordanvraptor]

High Explosives are always an option...

 

[wichaka]

.....smell is not enough and the cop is not enough of a witness to charge or convict.

Along with a PBT and/or a SFST, it's enough to charge and convict, but some judges and jurisdictions won't mess with it.

 

[NK777]

A shotgun would have been a much better choice of weapon in that situation in my humble opinion. 44 mag wheel gun against 5 strapping young lads in the dark!? Nah I would have grabbed my mossy for sure and a side arm.

 

[Frog]

Correct me if I'm wrong, but isn't it the law that a proposal to use 'deadly force', in this case a 44 mag., is to be used for 'protection' only!

Yes, the guy's truck should have been locked, but I think he's lucky he didn't get hauled off himself!!

Call 911, watch the situation, and let the LEOs do their job. Then, if necessary, call your insurance company.

frog.

 

[Frog]

Oh ya,

......and if they break into your house, use NK777's suggestion!


Frog

 

[CastleFox]

EDITED so as not to offend someone.

 

[tionico]

Just got my CPL, and reading the paperwork that came with confirms... in Washington, one may ONLY use deadly force to protect my own or another from other lethal force or bodily harm. NOT legal to use to protect property. Or to make an arrest, such as this guy did. NOW... had he gone out there to accost them, making a verbal citizens arrest, and they got physical, THEN the lethal force would be justified... five punk kids against one lone man, lethal force then becomes legitimate... but THEY would have to be threatening or in the course of "administering" lethal force. That's the first bit. I also thought "lock the dumn truck, dummie!". BUT-- maybe he forgot. Now, when the cop got there (lickety split, I am impressed) and found the kids in possession of the guy's stuff, it no longer is a case of the citizen witness being required in court.. the stuff was in the kids' car. along with booze, as I understand. THAT is a bust the cops really have little option on.... minor in possession, or open container violation... if the cop SAW the booze containers, loaded or empty, he's got little option but to file. Glad parents got hauled out of bed. At least in my day, that was more to be feared than the cops.

In any case, had I managed to accost five punks in process of a successful car prowl, I'd have DEMANDED charges be pressed. The cop doesn't have to haul them off to jail, simply identify them and turn over his report to the DA, who would then be required to haul their sorry backsides in front of the local magistrate. Who, sad to say, all too often lets the kids off with a minor slap on the back of the hand... to go therefore and do likelwise. No wonder we've got so much petty crime, and no one's person or property is safe anymore. No significant consequences to such actions, the kids get trained it's cool to do it... and so do.

And, it may yet be, once the DA reads the cops reports, there will be some sort of repercussions against our homeowner for his condust with his firearm..... unless the kids physically threatened him, he had no cause to brandish his piece.... and the PA knows it. IF he flips to it. Least case, had I been the copper on patrol that night, I'd have at least mentioned to the chap... hey, you're out of line holding these kids at gunpoint... the law is.......... shape up.

 

[CastleFox]

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[SheepDog223]

The home owner was not in immediate or emminent danger of being raped, maimed, or killed... Keep the gun holstered, call the police, and report your loss to the insurance company, then go to bed. (Oregon)