Thread: TX. Farmer shoots 2 trespassers, drops them at fire station

Originally Posted by JohnDoe2

Originally Posted by NoBueno

Why was the mexican consulate asked for information if in fact Velez has "lived here all his life," which I presume mean he's an American citizen?

Sounds like daddy is a Mexican, maybe illegal alien, and son is an anchor baby.

Yeah...that very well could be JD. Just thought it was an interesting point. I guess we'll see what the story is in the days to come.

State law gives property owners right to use deadly force 'during the nighttime'

By Adriana M. Chávez / El Paso Times
Posted: 05/12/2011 11:26:10 AM MDT

Two men reportedly shot by a Hudspeth farmer while trespassing were dropped off at a Fabens fire station at the 200 block of West Main on Wednesday. (Vanessa Monsisvais / El Paso Times)Rancher shoots alleged trespassers

West Texas rancher shoots 2 men he alleges were trespassing, transports them to fire stationA spokesman for the Texas Rangers this morning said they are assisting Hudspeth County Sheriff's deputies in investigating a rancher who wounded two alleged trespassers, then drove them to a fire station in Fabens on Wednesday.

The spokesman said the Hudspeth County Sheriff's Department is the lead agency investigating the shooting, which took place in Hudspeth County.

El Paso County sheriff's officials said the rancher, whose identity has not been released, alleged the two men were trespassing on his land when he shot them.

After wounding the men, the rancher reportedly loaded them into a minivan and drove them about 20 miles to a fire station in Fabens, El Paso County sheriff's officials said. The men were then taken to a hospital.

One of the men was in critical condition, and the other was stable. Their identities have not been released.

According to state law, property owners have a right to use deadly force against trespassers to protect their property "during the nighttime."

The two men were apparently shot Wednesday morning.

Here is the portion Texas Castle Law that pertains to using deadly force to protect property.

Subchapter D: Protection of Property, section 9.42:

http://www.statutes.legis.state.tx.us/d ... m/PE.9.htm

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

http://www.elpasotimes.com/newupdated/ci_18048540

The law there says you can use force to defend against trespassers during the night but this happened in the afternoon. Problem is things have gotten so bad along our (SECURE BORDER) that its like the old west now and yes people are scared. This ranch is in very remote territory and as such the property owner is more or less on his own there. If he felt threatened or they failed to obey commands to stop then yes he should be able to take action. La Raza and their legal hookers will no doube look to take this rancher to court.

Yep, my concealed handgun instructor plainly stated you can only shoot someone on your property at nightime in the state of Texas.

The example that was given - utility workers (contractors) can come into your property during the day and work on their equipment without your consent if it crosses your property.

He further explained that if somebody is on your property and they are trying to pry open your window/door then that is another issue and if you feel that your life is in danger - shoot.

I blame Nappy and Obama...This man will have to live with what he did.

Im sure he was scared shitzless, If they would have done their job then this man wouldn't have to be living this nightmare that will be never ending thanks to them. I'm sorry two people got shot but maybe they shouldn't have been on his proberty knowing what the sheriff said..Like duh I sure and the hell wouldn't have and I have never tresspassed onto anyones land or home......Would I have shot? Maybe because of whats going out there in the vast open..They must have spooked him somehow I'm sure they weren't the first trespassers he has come across...But now he will be second guessing himself next time....

Maybe if the ranchers here in AZ did that, some of them wouldn't have ended up dead.

This will probably sound bad but the rancher would have been better off if he had shot to kill.

Reading the article, all I see is statements from the trespasser trying to blame the rancher. Already playing the race card (shot at them only because they are hispanic BS) and notice they used immigrant instead of Mexican Drug Cartel? The media is already slanting this to blame the rancher.

Another incident where illegals have little, to no respect for the law, since they don't know, don't bother to educate themselves, or maybe even care about our laws. I find them all of the time breaking our laws, especially our vehicle codes (laws). It is illegal for Mexicans to own guns in Mexico, so I guess they figure we don't own them either, at least the poorest of them would, I assume. Since mexico hands out copies of maps of America, water bottles, and etc... one would think they would hand them a copy of the Various Penal Codes of certain States where they plan to steal off to. :P As if they care! :P

So far we've only heard party of the story. I'm very curious to hear the farmers story. Perhaps he thought they were armed drug smugglers and felt his life was in jeopardy.

Legally speaking, the term "nighttime' generally means that period of time between sundown and sunrise. The facts suggest this shooting occurred in the morning. It remains to be seen if that would satisfy the legal definition of nighttime, as described therein this statute. That will be one of the legal issues to resolve.

The question is what were these two trespassers doing on this man’s land? Given the violence and bloodshed that has been occurring along that border, can you really fault a rancher; out in the middle of nowhere, to be a little trigger happy when two mexicans come marching onto his property uninvited?

What was he supposed to do, wait until they had a chance to overpower him and do with him as they pleased? At that point, it's too late.

As I recall, it didn't turn out so well for another rancher, in the exact same situation not long ago. Unfortunately, that rancher is no longer with us. I bet that ranchers' family wished he would have had the chance to defend himself against his attackers as this man has done.

Also, fact this guy drove the trespassers to the fire station for assistance would seem to demonstrate he did not have any ill will towards these trespassers, in contrast of course to what the victims are claiming. He was simply in fear and felt compelled to defend himself with deadly force at the time.

As for the two idiots trespassing on his land...they get the dumbest move of the year award. Their actions were a contributing factor in this incident and without question, they should also be held accountable.