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  • Sacramento Man arrested/jailed for shooting thief

    http://www.kcra.com/news/11518821/detail.html

    SACRAMENTO, Calif. -- A south Sacramento man who told police he was defending his property was arrested early Wednesday after shooting a teenager who was allegedly trying to steal his car, authorities said.

    Police said 42-year-old Sou Saechin told them he accidentally shot the teen at about 3 a.m. on Rock Creek Way.

    But officials said Saechin went too far in trying to protect his red Honda.


    "What we try to stress to people is that deadly force, the use of a firearm, is never justified under any circumstances to protect property," said Sgt. Matt Young of the Sacramento Police Department.

    Police said Saechin came outside of his home armed with a .22-caliber rifle and confronted three alleged burglars.

    Saechin fired one shot, hitting one of the alleged burglars in the chest. The three fled the scene, police said.

    Saechin's wife said her husband was not trying to kill anyone but only wanted to warn the robbers.

    Saechin was taken to jail on suspicion of assault with a deadly weapon. Bail was set at $30,000.

    The injured teenager was taken to Kaiser Permanente Medical Center for treatment and is expected to survive.

    Police said they are looking for two other people who were involved in the attempted theft. The men were described as Asian and between 18 and 20 years old.


    ++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++


    We shouldn't use guns to defend our property...that's news to me.

    I waited AN HOUR for police to show up after an ARMED BURGLAR tried to break into my apartment. A CSO ended up showing up to simply take my report. I could've been dead and in rigor by the time he got here. I don't know what the problem is; dispatch, police, workload or otherwise but an hour is UNACCEPTABLE. Now a man is in jail because he had enough of these scum trying to terrorize him on his own property. DAMN this is ****ing me off.
    -I don't feel you honor someone by creating a physical gesture (the salute). You honor them by holding them in memory and, in law enforcement, proceeding in vigilant, ethical police work. You honor this country or deceased soldiers or whatever you're honoring when you salute a flag by thinking, feeling, and continuing a life of freedom.

    --ArkansasRed24

  • #2
    I agree that an hour is too long to wait for a police response. However, in your case you state an ARMED burglar. This would put you in fear of your life, which would make a shooting justifiable. The man arrested actually LEFT his home to confront the thieves, thus he was protecting property- not person. See the difference?
    Also, many times we have to arrest a person for a self- defense shooting if we have probable cause of a crime. The person will still be found not guilty if able to prove the self defense position in court or to a grand jury.
    "Say hello to my leeeetle friend"

    Comment


    • #3
      Originally posted by djack16

      We shouldn't use guns to defend our property...that's news to me.

      I waited AN HOUR for police to show up after an ARMED BURGLAR tried to break into my apartment. A CSO ended up showing up to simply take my report. I could've been dead and in rigor by the time he got here. I don't know what the problem is; dispatch, police, workload or otherwise but an hour is UNACCEPTABLE. Now a man is in jail because he had enough of these scum trying to terrorize him on his own property. DAMN this is ****ing me off.
      No one can use deadly force to defend property. Only when the threat of imminent harm to yourself or others is present.
      "First of all, then we have to say the American public overwhelmingly voted for socialism when they elected President Obama." - Al Sharpton, March 21, 2010

      Comment


      • #4
        I suppose complaining that he is in jail is too vague. He's in jail on charges of assaulting these punks that were endangering his livelihood. That's what gets to me.

        Would the police rather he just sit there and watch his car be driven off by these jerks; only to have his report taken and car description end up on a list with hundreds of other ones?

        My only issue is that Souchin claims he "accidentally" shot the criminal.

        I'm just frustrated with these punks. All I do everyday is look at these morons' charges. They steal a car, go to jail for significantly less than the should thanks to our wonderful justice system, and end up back on the streets stealing cars and assaulting people again. It's a disaster of a situation. These people come onto peoples' property with the intent to commit a felony and it's the VICTIM who is the suspect? Good god.
        Last edited by djack16; 04-04-2007, 09:31 PM.
        -I don't feel you honor someone by creating a physical gesture (the salute). You honor them by holding them in memory and, in law enforcement, proceeding in vigilant, ethical police work. You honor this country or deceased soldiers or whatever you're honoring when you salute a flag by thinking, feeling, and continuing a life of freedom.

        --ArkansasRed24

        Comment


        • #5
          Although I would like to shoot someone stealing my car, normally it doesn't justify use of deadly force. Breaking and entering into a home is a different story. TN state law advises that the homeowner can shoot regardless if the perpetrator is armed or not. I have posted the full statute here before and it basically states that there is an automatic presumption of serious bodily injury or death when it involves a home break-in/invasion. Shoot first and ask questions later is authorized...

          With that said, I can see why the guy has been charged. Killing someone over a vehicle is going a little too far in my book. I wouldn't mind beating them a little bit with a wiffle ball bat, but that's about it.
          I'm 10-8 like a shark in a sea of crime..

          Comment


          • #6
            Shooting someone over a vehicle is taking things a bit far. Whats next...shooting someone for stealing a TV or shoplifting a Playstation 3...hey its over $400 and a felony in CA. Loss of property is not justifiable in taking someones life no matter how frustrated we all are with thieves. Switch that to he was in his car (carjacking), he was in his home, the thief had a weapon or some other difference and you do what you need to do to protect yourself. And if he "accidentally" shot the thief then he has no reason to be handling a weapon.

            Comment


            • #7
              Originally posted by equinox137
              No one can use deadly force to defend property. Only when the threat of imminent harm to yourself or others is present.
              Is this true in all states? Don't know if it is just an urban myth, but I heard in Texas, shooting an intruder of ones home, armed or not, is legal. Is that not really true?

              Feel kinda dumb for not looking at SgtScott's post first. Then again, thats different, this guys chased after the theives, he was not in immenent danger.
              Last edited by bigislander72; 04-04-2007, 11:46 PM.

              Comment


              • #8
                Subsection (b) of TN 39-11-611 (Self Defense Statute):


                (b) Any person using force intended or likely to cause death or serious bodily injury within the person's own residence is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to self, family or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.
                I'm 10-8 like a shark in a sea of crime..

                Comment


                • #9
                  Originally posted by djack16
                  I suppose complaining that he is in jail is too vague. He's in jail on charges of assaulting these punks that were endangering his livelihood. That's what gets to me.

                  Would the police rather he just sit there and watch his car be driven off by these jerks; only to have his report taken and car description end up on a list with hundreds of other ones?

                  My only issue is that Souchin claims he "accidentally" shot the criminal.

                  I'm just frustrated with these punks. All I do everyday is look at these morons' charges. They steal a car, go to jail for significantly less than the should thanks to our wonderful justice system, and end up back on the streets stealing cars and assaulting people again. It's a disaster of a situation. These people come onto peoples' property with the intent to commit a felony and it's the VICTIM who is the suspect? Good god.
                  That's pretty much it. Not even sworn officers can open fire in defense of property, even if it's a fleeing felon.
                  "First of all, then we have to say the American public overwhelmingly voted for socialism when they elected President Obama." - Al Sharpton, March 21, 2010

                  Comment


                  • #10
                    Originally posted by bigislander72
                    Is this true in all states? Don't know if it is just an urban myth, but I heard in Texas, shooting an intruder of ones home, armed or not, is legal. Is that not really true?

                    Feel kinda dumb for not looking at SgtScott's post first. Then again, thats different, this guys chased after the theives, he was not in immenent danger.
                    That's exactly the difference. Intruding into one's home is enough to claim an imminent threat to life/serious injury in most states I know of, except maybe the more liberal northeastern states....that I'm not sure of.
                    "First of all, then we have to say the American public overwhelmingly voted for socialism when they elected President Obama." - Al Sharpton, March 21, 2010

                    Comment


                    • #11
                      Originally posted by Kalibero
                      Yeah, I would never shoot someone for stealing my car. Now, if there are three guys, I might think about it. Any agressive move towards me, I go bang bang. Three on one is enough to put the fear of my life in me, weapon or not.

                      Also, somone that breaks in my house is going to meet the buisness end of my Springfield. I dont care what they got in there hand, it will be dark, and if it looks like a weapon I would shoot. If they turn around and run, then I let them go. I got a good enough chance of getting sued even though the guy is in my house, I am not gonna chase him off of my property just so he can sue me for sure!
                      We had a case like that in my city, except for the shooter shot and killed his own nephew. Just be sure you know that you're actually shooting at an intruder.
                      "First of all, then we have to say the American public overwhelmingly voted for socialism when they elected President Obama." - Al Sharpton, March 21, 2010

                      Comment


                      • #12
                        One thing I've been taught in my law class is "Equal or lesser force." Cannot use deadly force unless deadly force is threatened to you, or another person.
                        If when stealing your car you get shot at, then you now have the right to protect yourself, which then includes your car.

                        Please correct me if I am wrong...

                        Comment


                        • #13
                          Originally posted by Bobcat11
                          One thing I've been taught in my law class is "Equal or lesser force." Cannot use deadly force unless deadly force is threatened to you, or another person.
                          If when stealing your car you get shot at, then you now have the right to protect yourself, which then includes your car.

                          Please correct me if I am wrong...
                          OK, you're mostly wrong.

                          Deadly force is the use of a means or instrumentality that has a high probability of causing death..

                          The justification for using deadly force is an act that is intended to or has a high probability of causing death or great bodily harm.

                          These definitions vary a bit from place to place, but are pretty standard. They may seem fairly similar, but they're not. Swinging a baseball bat at my legs would not meet the definition of deadly force, but I can still shoot you for trying. The key is the great bodily harm analysis.
                          Originally posted by kontemplerande
                          Without Germany, you would not have won World War 2.

                          Comment


                          • #14
                            Originally posted by equinox137
                            That's pretty much it. Not even sworn officers can open fire in defense of property, even if it's a fleeing felon.
                            if he happens to flee in the direction of a preschool or other school and he has shown any means of violence or carelessness for safety of another person you can articulate a fleeing felon shooting .. or aleast a taser to the back

                            got schools every mile or so in phx

                            course he would need to have attempted to harm someone this time or in the past.
                            Last edited by OverCharged; 04-05-2007, 04:52 AM.

                            Comment


                            • #15
                              Originally posted by OverCharged
                              if he happens to flee in the direction of a preschool or other school and he has shown any means of violence or carelessness for safety of another person you can articulate a fleeing felon shooting .. or aleast a taser to the back

                              got schools every mile or so in phx

                              course he would need to have attempted to harm someone this time or in the past.
                              Then you would not have been defending property, it would still be defending life (of those in school).
                              "First of all, then we have to say the American public overwhelmingly voted for socialism when they elected President Obama." - Al Sharpton, March 21, 2010

                              Comment

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