Would you agree DA It is illegal to shoot someone who is stealing your property illegals stealing?

Would you agree DA It is illegal to shoot someone who is stealing your property illegals stealing. What are we supposed to do? Help them load it up?

WHEAT RIDGE, Colo. -- An 81-year-old Wheat Ridge homeowner who was initially charged with attempted murder after police said he shot at two men stealing a trailer from his property was sentenced Friday.

Robert Wallace was given two years of unsupervised probation and he can't own a gun."I am glad it is basically over with," said Wallace As part of a plea agreement, Wallace pleaded guilty to reduced felony charges of attempted manslaughter and illegal discharge of a firearm. He was initially charged with four counts of attempted first-degree murder.

"No one won," said Wallace as he left the courtroom.

Wallace agreed to let the state destroy the gun that was used in the shooting. Other guns he owns will be sold with the money possibly going to pay his legal fees.

Jefferson County District Attorney Scott Storey said, "It is illegal to shoot someone who is stealing your property."

Storey had taken heat from the community following the initial charges of attempted first-degree murder as information concerning the two suspects' immigration status surfaced.

"Immigration status did not play a role in this decision," Storey said.

Storey said Wallace "was not overcharged" with the initial charges of attempted first-degree murder. He said charges are based on the law.

"There is no evidence that Mr. Wallace’s life was ever threatened during the theft and there is a consequence for shooting a gun into the cab of a truck as it pulled away, even though it was towing his trailer," Storey said.

Storey said a disposition was reached before public outrage on this case.

"The charges in this case were appropriate based upon the facts and evidence we had at the time of filing. This disposition is also just based on our evaluation of the totality of the circumstances, including Mr. Wallace’s age, lack of prior criminal history, as well as other factors,” Storey said.

Wallace was arrested in February after he fired a shot into a vehicle driven by two men who appeared to be stealing a flatbed trailer from his property, which was adjacent to his house in Wheat Ridge.

"I would not knowingly shoot anybody," said Wallace after the hearing. "I merely fired (my gun) to try and disable their truck and recover my property."

http://www.thedenverchannel.com/news/25145698/deta...

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  • 1 decade ago
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    What is it about some questions that just make me feel like there is no real question just a repost of an article that is suppose to show how "bad" illegal immigration is in some minds.

    What gets me about this and quite a few other questions and it's answers is that it seems many do not read the original article any further than what is posted, nor does it seems that some answerer's bother to research for information supporting their answer.

    From what I have found and read the law that Mr. Wallace agreed to plea guilty to in exchange for a reduced sentence is the "Make my Day Law". Mr. Wallace was initially charged with 4 counts of attempted first-degree murder.

    In exchange of a guilty plea to "reduced felony charges of attempted manslaughter and illegal discharge of a firearm" "he was given two years of unsupervised probation and he can't own a gun."

    Mr. Wallace also "agreed to let the state destroy the gun that was used in the shooting. Other guns he owns will be sold with the money possibly going to pay his legal fees." (in part)

    "Senior Who Shot At Men Stealing Trailer Sentenced Robert Wallace Given Two Years Unsupervised Probation"

    ......"Jefferson County District Attorney Scott Storey said, "It is illegal to shoot someone who is stealing your property."

    Storey had taken heat from the community following the initial charges of attempted first-degree murder as information concerning the two suspects' immigration status surfaced.

    "Immigration status did not play a role in this decision," Storey said.

    Storey said Wallace "was not overcharged" with the initial charges of attempted first-degree murder. He said charges are based on the law.

    "There is no evidence that Mr. Wallace’s life was ever threatened during the theft and there is a consequence for shooting a gun into the cab of a truck as it pulled away, even though it was towing his trailer," Storey said.

    Storey said a disposition was reached before public outrage on this case.

    "The charges in this case were appropriate based upon the facts and evidence we had at the time of filing. This disposition is also just based on our evaluation of the totality of the circumstances, including Mr. Wallace’s age, lack of prior criminal history, as well as other factors,” Storey said."......

    "One of the suspects, 28-year-old Alvaro Cardona-De Lorea, was shot through the eye, leaving him with serious brain damage and a disfigured skull. Cardona has undergone a competency evaluation which showed he may not be competent to stand trial. His case has been continued.

    The second theft suspect, Damacio Torres-Ochoa, 32, was arrested by federal immigrant authorities at his Boulder workplace on an immigration violation, authorities said. Torres is charged with theft of an at-risk adult. His next court appearance is Oct. 4.

    Wallace called police on Feb. 24 and reported that his trailer had been stolen. He said that he had heard a loud noise outside his house and saw two men back their truck onto his property and hook his trailer to their truck. He told police that he went out the back door of his house and yelled at them to stop but they continued to drive away, pulling his trailer.

    Wallace never told police that he felt in fear for his life during the theft, prosecutors said.

    "In fact, Wallace originally denied to detectives that he had fired a shot during the theft. He later admitted that he fired two shots at the men as they were stealing his trailer," District Attorney spokeswoman Pam Russell said."

    http://www.thedenverchannel.com/news/25145698/deta...

    "Colorado Revised Statutes

    TITLE 18 CRIMINAL CODE : ARTICLE 1 PROVISIONS APPLICABLE TO OFFENSES GENERALLY

    18-1-704.5 Use of deadly physical force against an intruder.

    Statute text

    (1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

    (2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

    (3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

    (4) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force."........

    http://www.coloradomakemyday.org/

    "Months after burglary victim charged with attempted murder, two theft suspects arrested"

    "Task-force investigators on Wednesday decided they would not pursue charges against Cardona and Torres-Ochoa, freeing Wheat Ridge to resume its investigation.

    "I don't know what went into their decision-making," said Lisa Stigall, Wheat Ridge police spokeswoman. "We're just glad that they did. We will aggressively move forward."

    Things did move rapidly from that point.

    Arrest warrants were issued Friday for Cardona and Torres-Ochoa on felony theft and other charges, Wheat Ridge police said."......

    "Wallace, a retired mechanic and amateur hot rod driver, called police at 8:47 p.m. on Feb. 24. Minutes earlier, he was sitting on his couch watching TV when he heard a loud noise.

    He looked out his window and saw two men hooking his flat-bed trailer to their red Ford pickup. He grabbed a handgun, rushed outside and ordered the men to stop. They continued hitching the trailer and jumped in the pickup.

    Dave Dechant, spokesman for the Jefferson County district attorney, said Colorado's "Make My Day" law applies only to homeowners protecting themselves inside their homes, not to someone protecting personal property.

    Police said Wallace told a neighbor that he fired two shots that may have hit the back of the pickup as it sped away. Torres-Ochoa drove Cardona to a hospital minutes later and left him. Hospital employees noted a bullet hole in the truck.

    Days later, Wheat Ridge detectives connected Cardona's shooting to Wallace's theft report. They went to Wallace's house to investigate.

    Wallace repeatedly denied shooting at the thieves but eventually handed over the gun he had hidden, saying "here is what you are looking for," according to an arrest warrant affidavit.

    Detectives arrested Wallace, and he went to jail.

    In an interview in his garage Friday, Wallace said his property has been burglarized repeatedly because he never had enough money to put up a fence. He has been trying to sell the property but hasn't had any luck.

    His right hand shook uncontrollably. "It's probably the onset of something. I only go to doctors when I'm in dire need."

    Wallace is scheduled to be arraigned Sept. 7 on charges of attempted murder and assault with a deadly weapon.

    http://www.denverpost.com/news/ci_15481877?source=...

  • Anonymous
    1 decade ago

    No - I disagree. Good luck to anyone that can get a couple of shots off while some scum is stealing their property. He should have been rewarded. Too bad he wasn't shooting at them instead of the truck. I bet he would have got 'em.

  • 1 decade ago

    wow, thats bullshyt. i dont agree with it at all. the laws suk and we the people need to demand they change

  • Anonymous
    1 decade ago

    The law is the the. It is not illegal for something to be illegal.

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