Man arrested man in theft of bicycle- Mtbr.com
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  1. #1
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    Man arrested man in theft of bicycle

    In brief: Man arrested man in theft of bicycle
    Times staff reports
    Posted: 12/01/2011 12:00:00 AM MST


    A 32-year-old Sunland Park man was arrested Tuesday after an off-duty officer saw him steal a bicycle from a Kern Place home, police said.

    Police said the officer noticed Carlos Villescas in the 700 block of Kern Street around 3:40 p.m. Tuesday, and realized Villescas didn't live in the area. The officer continued to watch Villescas as he walked to the rear shed of a home, returned to the street with a bicycle and rode off.

    As Villescas tried to ride away, the officer stopped him and called for uniformed officers. The responding officers arrested Villescas on suspicion of burglary of a building and on two outstanding municipal court warrants.

    Villescas was booked into the El Paso County Jail, his bonds set at $15,328.

  2. #2
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    I will sleep easier tonight!

  3. #3
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    This is TX, you can shoot to kill for stealing ones property.

    Thank God for the Castle Law

    Todd

  4. #4
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    I own a nice bike. I would rather let a theif take it and get the insurance to replace it than shoot at the guy and end up in court for the next year, not able to ride my bike, trying to prove that I was right. And that is just court. If the jury doesn't believe my story, because they can't get their heads around an expensive bike, I could be spending several years in jail. And they have no trails there.

    Think about it folks.
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  5. #5
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    So, I guess you are referring to insuring your bike through your home owners policy and household goods. Or is there a better way to insure bicycles in Texas. Thanks

  6. #6
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    Homeowners policy covers bikes. It also covers bikes while they are out of your house.

    The castle doctrine only covers your house and car under some circumstances:

    Each state differs with respect to the specific instances in which the Castle Doctrine can be invoked, and what degree of retreat or non-deadly resistance (if any) is required before deadly force can be used.

    In general, (one) or a variety of conditions must be met before a person can legally use the Castle Doctrine:
    An intruder must be making (or have made) an attempt to unlawfully and/or forcibly enter an occupied residence, business or vehicle.
    The intruder must be acting illegally—e.g. the Castle Doctrine does not give the right to attack officers of the law acting in the course of their legal duties
    The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home
    The occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary
    The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force
    The occupant(s) of the home may be required to attempt to exit the house or otherwise retreat (this is called the "Duty to retreat" and most self-defense statutes referred to as examples of "Castle Doctrine" expressly state that the homeowner has no such duty)

    In all cases, the occupant(s) of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties.
    So, if someone is taking your bike out of your house, you could probably use that defense, but, the problem is that the law generally says that you need to fear bodily harm. If you see a guy coming in, you are probably ok, but if he has the bike in his hands and he is turning around, you're probably going to jail.

    On your car your bike is probably on the rack, so the their is not "entering" your car.

    What people don't know about this law is that this does not excuse you from your actions. Even if someone is coming in the house and you gun them down in your foyer, and they have a knife with their fingerprints on it, there is going to be an investigation. And charges could still come up. And a civil case could still be filed. This is not a blanket law that lets you do whatever you want.

    Everyone likes to talk tough, but you need to act responsibly. Few will ever exercise this, and they really need to be smart about how they exercise this right, because it comes with some pretty big strings attached.

    As for the insurance, you can always buy individual insurance, but typically homeowners/renters insurance will cover your bike. But you need to look at the limits. You may need an individual rider for the bike. If you do get one, keep on top of it if you switch bikes. A rider will call out the specific bike. If you sell it and buy another, only to have the new one stolen, you may be out of luck. At that point it is up to the insurance company to decide if they want to cover you. It is much like auto insurance. When you buy a new car you need to "register" it with your insurance company when you get it.
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  7. #7
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    Hmmmm ,I hear what you are saying but there are some cases even before Castle law that say that is not correct at least here in TX.

    Case 1 about 15 years ago a repo man at 2 am was taking a guys truck. The guy shot the repo man from his porch with a high powered rifle, the truck was already down the street. The jury said no harm no foul. Technically the wrecker driver was taking his property.

    Case 2 Convenience store in bad neighborhood, a guy comes in and takes a beer from the cooler (A single beer) the store owner shot and killed the guy. Again no harm no foul, the guy was taking his property.

    I asked a cop one time to be specific on what my rights were if someone was taking my property from my home. He stated if someone come on your porch and grabbed a $5 Lawn chair and was running down the street with it, I have the right to shoot them in the back of the head. But if he drops it before I shoot I am in the wrong.

    Another case was a guy got the wrong house for a party it was at noon in the day. The kid came banging on the front door, the old people inside blew him away. Again no harm no foul.

    All of these cases were prior to the Castle Law in Houston, TX

    Recently my garage was broken into, I told the cop I wish I was calling you to bring a body bag and pressure washer. He said it would be less paper work. And that you are 100 % in your right to protect your property.

    Of course the family can always come after you civil case. But I doubt you will ever do time for protecting your life or your property. People are pretty fed up with the Police not doing anything as well as the criminals have more rights than the law biding citizens.

    Oh well I hope the day never comes when I have to take another life. But as things get worse in this society I think the chances are growing daily.

    Todd

  8. #8
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    Quote Originally Posted by TAPnTX View Post
    This is TX, you can shoot to kill for stealing ones property.

    Thank God for the Castle Law

    Todd
    Because god supports killing. It says so in the bible!

    D

  9. #9
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    Quote Originally Posted by TAPnTX View Post
    Hmmmm ,I hear what you are saying but there are some cases even before Castle law that say that is not correct at least here in TX.

    Case 1 about 15 years ago a repo man at 2 am was taking a guys truck. The guy shot the repo man from his porch with a high powered rifle, the truck was already down the street. The jury said no harm no foul. Technically the wrecker driver was taking his property.

    Case 2 Convenience store in bad neighborhood, a guy comes in and takes a beer from the cooler (A single beer) the store owner shot and killed the guy. Again no harm no foul, the guy was taking his property.

    I asked a cop one time to be specific on what my rights were if someone was taking my property from my home. He stated if someone come on your porch and grabbed a $5 Lawn chair and was running down the street with it, I have the right to shoot them in the back of the head. But if he drops it before I shoot I am in the wrong.

    Another case was a guy got the wrong house for a party it was at noon in the day. The kid came banging on the front door, the old people inside blew him away. Again no harm no foul.

    All of these cases were prior to the Castle Law in Houston, TX

    Recently my garage was broken into, I told the cop I wish I was calling you to bring a body bag and pressure washer. He said it would be less paper work. And that you are 100 % in your right to protect your property.

    Of course the family can always come after you civil case. But I doubt you will ever do time for protecting your life or your property. People are pretty fed up with the Police not doing anything as well as the criminals have more rights than the law biding citizens.

    Oh well I hope the day never comes when I have to take another life. But as things get worse in this society I think the chances are growing daily.

    Todd
    Yeah, you're definitely right, I lived in houston when the repo man was killed. The owner got away with murder, literally. (I'm no lawyer).

    Except.....

    He probably blew 500-1,000 hours of his life between court, reading documents, giving depositions, having meetings, going to court, filing documents, etc. Those hours would be better spent on the trail.

    And what does it cost for a lawyer on a murder charge? I am betting that $50K is probably the starting fee. With $50K you could really buy a kick ass stable of bikes. Need a blue one to ride on Thursdays? Yeah, you could get that funky - and still have money left over.

    I would rather be without a bike for a couple of weekends then spend all the time with court. Sometimes being "right" has its costs.

    Logically, gunning down someone who is stealing your bike can cost you a lot more than letting them take it. Choose wisely, but keep in mind that you have to live with the outcomes.

    And for god's sake, don't hit the bike.
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  10. #10
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    Quote Originally Posted by dburatti View Post
    Because god supports killing. It says so in the bible!

    D
    Seems like it would have been more appropriate to thank the legislature, huh?

  11. #11
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    You know you are in the Texas forum when killing, Castle Law and bible are brought up when talking about bike theft.

    I am in/from Dallas.

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