OPINION
Sometime It Isn'
Published on July 9, 2008 By Big Fat Daddy In Current Events

Let's get straight right off the bat, I have no knowledge of this incident beyond what has been reported on the news the last couple of days. I wasn't privy to the grand jury transcripts, I haven't heard any testimony. I did hear the edited 911 tape that has been making the rounds but there is not enough there to make any kind of determination. If I heard the reporter correctly, there was a police officer who witnessed the incident and apparently supported the shooter's version of events. Having said all that, here is what I understand to have happened.

The shooter gentleman called 911 and reported two burglars breaking into his neighbor's house. He had a shotgun and said he was going outside to stop them. The 911 operator told him to stay indoors and stay on the phone. He went out, a garbled exchange took place and they you can clearly hear the shooter yelling "Yer dead!" then there are three shotgun blasts on the tape. He comes back into the house, picks up the phone and tells the operator to get police there right away, one of the burglars is down on the lawn and the other is running away. Both burglars died. The shooter also told the operator that he had no choice, they came at him onto his yard.

The grand jury apparently found the shooter to be within his protection rights under Texas law and decided not to indict. The end. But not quite. A congresswoman from Texas wants Congress to investigate because she knows that there are a bunch of racists in law enforcement in Harris County and she thinks there has been a miscarriage of justice here. Can you guess the races involved? Which was which? And would there be any outcry from Congress if the races were reversed?

Maybe, maybe not.   I don't know.  What I am concerned about here is the fact that federal elected officials feel it is in their pervue to second guess law enforcement. Just cause they can write, debate, and enact law doesn't give them any authority to enforce law. And interfering with local law enforcement is way out of the scope of their office. The Congresswoman stood on camera this morning claiming that she knew that the local DA had written racially biased emails and that the police had racial comments in emails and she wanted to get to the bottom of this and find out the true story about what happened to these VICTIMS.

I lived in Texas a few years ago and I know there are people there who are as bigoted as the day is long. And on the surface of it, it is a white guy shooting two black guys. Maybe he is a bigot...a racist with a real hatred for black people. That would make him a bad man, but would it make him a murderer? The problem with trying to figure it out from that angle is that you lose the perspective on what happened while dinking around with why it happened. The fact is that two criminals were caught in the act of committing a crime. They chose to come after the man who caught them, coming onto his property and threatening him to the point where he feared for his life. He shot them. We will never get to hear that so plainly again. Washington lawyers will muddy the waters to the point we will forget the facts of the case while we struggle to know what the shooter was thinking. The burglars will be victims, the shooter will be a bigot, Texas law will be smeared, again. Thought Police, here we come.

Every thing has to be racial. That is the capital of the Democrat Party. The minorities are victims. They need the Democrats to protect them from the white, conservative, gun-toting, racists.  But you know what?  It isn't illegal to be a white, conservative, gun-toting, racist...it is stupid, unwise and low...but not illegal.  What shooter did was within the law in Texas and if the folks IN TEXAS feel that it needs to be changed, they have a means to do that IN TEXAS.  U S Congress should not be involved. 

Having said all this, am I now a bigot? Have I crossed some invisible race line and become politically incorrect? Am I now guilty of a "hate crime"? I don't think so, do you? Some times it isn't about race, it is just about what happened.


Comments (Page 1)
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on Jul 10, 2008
The Burglars were not black, but the idiot in DC is. She is the one that wanted to know if the Mars lander had taken pictures of the flag that Niel Armstrong had planted there (yea, uh, huh!).

Of course she is going to scream racism. That is her only basis of election and her only thought as she is too stupid to even articulate an intelligent statement. The only difference between her and Jackson and Sharpton is that she is a she - and as we have seen, the party of racism is also the party of sexism. So they make sure their women are kept in the kitchen, and out of the power rooms.
on Jul 10, 2008

fantastic article dad......I will have to watch to see how this plays out.....

on Jul 10, 2008

The Burglars were not black

During the interview with the Congresswoman (who I REFUSE to name) Fox showed the pictures of two black young men side by side which I stupidly assumed were the "Victims".  Thanks for clarifying that for me, Doc.

on Jul 10, 2008

......I will have to watch to see how this plays out.....

Texas has a weird legal system.  I mentioned to Tova the other day that while I was stationed in Texas, two GIs from Ft Hood were arrested for possession of a matchbox full of marijuana.  It was an illegal stop (Late night, small town, out of state plates) and an illegal search (the matchbox was under the driver's seat, out of "lunging area") but they drew 99 years each for possession.  Texas:  Possession of Marijuana is a Class 1 felony - 2-99 years.

on Jul 10, 2008
I have mixed feelings on this case, which I have been following since it happened.

On the one hand, while I feel that people do have and should have a right to protect themselves and their property, I think this guy may well have stepped beyond this. In the tape I don't hear him ordering them to "stop or I'll shoot" or anything similar. Just "You're dead!" and him firing. The right way to go with this would be to attempt to halt them at gun point and hold them for the police, not to just open fire without any warning at all.

On the other hand, I feel that someone who is committing a crime deserves what they get and I don't feel the least bit sorry for them at all.


During the interview with the Congresswoman (who I REFUSE to name) Fox showed the pictures of two black young men side by side which I stupidly assumed were the "Victims".


Just the MSM mis-informing people again. Nothing new there. The criminals shot down were Miguel Dejesus and Diego Ortiz. Both have criminal records for drug offenses in that county.
on Jul 10, 2008

I have mixed feelings on this case

I'm with you, brother.  Like I said, I only know what was reported.  But there was some undecipherable garble just before he yelled, "Yer Dead!"    If they did come after him like he said,  well...shotgun vs ?  I think the whole thing could have been avoided if he had just stayed in his own house.  But what if he was worried about the neighbor's safety?  I saw part of an interview with him the day before and he didn't look like all that bright a customer.  But I don't care.  What happened happened and the local law decided it wasn't pursuable so that should be it.  What's congress got to do with it?

on Jul 11, 2008
What's congress got to do with it?


Not a damn thing, but then they really don't have a damn thing to do with a lot of stuff they get involved with. When's the last time you saw baseball mentioned in the Constitution?
on Jul 11, 2008

When's the last time you saw baseball mentioned in the Constitution?

on Jul 11, 2008

you know, i'm not a big fan of the idea of shooting people.

but i do believe that when you decide to rob somebody's house, you get what you get. it's one of the many reasons that i don't rob people's houses.

on Jul 11, 2008

but i do believe that when you decide to rob somebody's house, you get what you get. it's one of the many reasons that i don't rob people's houses.

Either the stereo or the buckshot, huh?

on Jul 13, 2008

I was required to learn and study the Texas Penal Code when I worked for the PD there.

It is against the law to shoot or kill anyone.  Period.

But there are these little things in the penal code called "Defense to Prosecution."  They are essentially lists of reasons why, even though someone breaks the law, the DA may choose not to prosecute.  For instance one of them is a police officer in the line of duty.

Another is protecting your property or that of your neighbors (in Texas).

Frankly I can't believe it even made it to the grand jury.  If the guy wouldn't have called 911 the DA probably wouldn't have even taken it that far.  But once the actual act became public record...well DA's are funny that way.

I am with you though because I don't think everyone in the state of Tx is racist.

Just to play devils advocate though.  Say everyone in the state of Tx was racist, or lets just say they picked a racist grand jury...12 white people who hate black people simply on color alone....and it turns out the shooter was toying with the thieves, taunting them with the gun.

Would you feel the same then?

Under Texas law right now as its written, the guy could sing Mary Had a Little Lamb while he did it because once they broke into his neighbor's house, then cut through his yard, he was defend-able to prosecution.

Seems to me like the congresswoman may want to get the penal code changed instead of involving the entire country.

But I doubt she will get Texans to agree not to shoot to kill to protect their property, or that of a neighbor.

 

on Jul 13, 2008

Would you feel the same then?

I don't know, Tova.  I don't like narrow-minded, bigoted, racist, or biased thinking.  But our thinkers are our own.  If narrow-minded, bigoted, racists suddenly became a recognized minority with the status that brings with it under current civil rights laws, I would be legally defined as a narrow-minded, bigoted, racist - ist.  But if I live my whole life without ever acting on my bias, I have broken no law.  Because my thinker is mine and it is private.  If I decide to kill a narrow-minded, bigoted, racist because I don't like what he has to say and I get the hot shot as a reward, how do my thoughts enter into it?  Will they make it a slower acting poison because I hate?  Revive me and kill me again?  "Hate Crimes" and "Hate Speech" are political designations designed to make people think our law-makers are hard at work.  In the real world they are meaningless.  If the guy in Texas set the whole thing up and danced a two-step afterward, it would make him a bad person but as long as he was within the law, so what?  The burglars are the ones who made the decision to put themselves in a position for this idjit to shoot them.

In the colorful state, we have what is called the "Make my Day" law.  In your home, if you feel that your life is threatened, you can use deadly force without consequence.  Here in the Swirling Epicenter we have seen it exercised several times in the last few years.  But by the same token, a man who held a gun on teenagers who were TPing a NEIGHBOR'S house until the cops got there was held over to be charged with unlawful imprisonment.  Laws are funny things.  I don't think there is anything in my home worth kllling someone over.  That is not an invitation to come over and help yourself, there are other ways to deter theft.  But the 82 year old granny who killed one rapist and wounded another has a pretty good case for keeping a loaded gun in the house.

It is a difficult issue and I guess it sounds like I am on all sides of it.  I just don't think it is the place of the US Congress to be investigating local law enforcement when the locals seem to have it all under control.  All this congresswoman wants is to get a racial component to this and get things stirred up.  Phooey on that.

on Jul 13, 2008
I live in Florida and when you come into our state there are rather large billboards informing people that Florida residents have a legal right to use deadly force to defend themselves and their property. Amazing how much violent crimes and robberies have dropped since that law was enacted.

There is something to be said for street justice.
on Jul 13, 2008
I live in Florida and when you come into our state there are rather large billboards informing people that Florida residents have a legal right to use deadly force to defend themselves and their property. Amazing how much violent crimes and robberies have dropped since that law was enacted.


EGGZACKLY!!
on Jul 14, 2008
I live in Florida and when you come into our state there are rather large billboards informing people that Florida residents have a legal right to use deadly force to defend themselves and their property. Amazing how much violent crimes and robberies have dropped since that law was enacted.


how many people died of accidental shooting since that law was enacted, as opposed to before?
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