theif cought in the act

[gixxershane]

i just read this on a motorcycle forum that im on.. and i also posted this over on kenpotalk.com

Wow guys it was an unreal night. So I go over to my buddies house to watch game 2 of the heat vs. mavricks last night and I drove over there because it was too chilly to ride. So game is over and a bunch of us are just sitting around when out of the front window we see a shady looking van roll by really slow with its headlights off. I knew drive by's didn't happen in this neighboorhood so I ask everyone where there bikes are.

My buddy just got a 2006 LE R1 and it was parked in the garage. We all go out back to throw some hot dogs on the grill and I go inside to go grab some pop out of the garage. I open the door to the garage and there are 3 guys in the garage with the van pulled backed up to the garage. One guy is sitting on the bike with the keys in hand (my buddy leaves the keys on a key holder in the garage. And the other 2 are standing in front of the garage watching out.

So I yell "Guys call the cops!" I look at the guy on the bike, "Get the **** outta here man 5-0 is on the way." Now i've got some muscle to me, 6'1" 190lbs and I've been fighting MMA for like a year but I dont feel like getting into a brawl with 3 criminals who more then likley have a gun or knife on them.

The guy on the bike jumps off and starts to walk twords me. I went into survival mode. I don't even think and jack the guy in the face and knock him on his ***. His buddies come after me and one sticks me in the face really good.

My buddy comes out who's pretty big too after hearing all of this from inside and beats the **** outta the guy who sticks me. The other cat who was first on the bike gets back up and comes after me again.

Now for those of you who dont know I had my bike stolen last summer so its a sensitve subject for me. Now that its pretty much 2 on 2 ( the other thief is knocked out) I decide I'm gonna make these *******s pay for everyone who has ever had their bike jacked. I stick the one dude bad in the face and grab him by the arm and wrap it up against my body. I take him down to the ground and roll over. Now i've got this dick in an all out armbar.

For those of you who dont know its an MMA subbmission hold that basically damn near breaks your arm. Yeah, it hurts. This dude is SCREAMING IN PAIN. All I could think about was the pain I felt having my **** stolen so I pull harder. He's taping my arm and i'm almost laughing that this guy is trying to tap out haha. Finally I pull until his body can't take it anymore and I hear a snap. Broke that scum bags arm. It looked bad too I almost kinda felt bad for a splitsecond.

Just as the other 2 are getting ready to leave the cops come flying in the driveway. They arrest all 3 and make me and my boy get looked at by medics (I had a nasty black eye and a few cuts). The cops are taking the report down and the one asks me, "hey just curious, how did that guys arm get broken?" "ummmmm, he might have fallen I think in the struggle." "Oh, yea I guess his picked the wrong garage to fall in huh?" He was laughing about it.

Well luckily the arrested the guys for criminal tresspassing, breaking and entering, and attempted grand theft auto. 2 of them had warrents for snatchin bikes in the city and I would guess will be gettin locked up. There's gonna be a court date for all 3 that we are going to have to testify in. The worst part about this was my buddies bike was on a pitbull stand and somehow the bike came loose and got knocked over during all of this. Fell down and just has some comestic damage, broken mirror and a few scratches. Luckily none of us got hurt. Cops said basically all my crap was self defense since they were in my buddies place but I'm just thankful none of us got hurt.

Somehow someway they had some sort of electrical device that tripped his garage door opener and opend the door. He called a local security company and is going to have a survelience system installed next week.

 

[Adept]

Bikers 1, Thieves 0. Lucky they weren't more heavily armed.

 

[gixxershane]

yup.. lucky they wernt at my hous.. im heavly armed...lol..

i hate theifs....im glad one got their arm broken

 

[MA-Caver]

He told the cop the right thing... "think he must've fallen". It was obvious the cop knew better but was glad that his "report" would be easier to fill out.

That was a dangerous move but totally justified self-defense as the robbers didn't "split and run" as usually they would. Showed they were determined to steal those bikes no matter what, that makes them very bad men indeed.
Very fortunate that there were no arms involved, just a good ole' fight.

Yeah, going on ahead and busting the guy's arm anyway after locking him in an arm-bar... I'd say it was justified. Why the hell not? The screwhead deserved it!

 

[trueaspirer]

Interesting story, good approach to the situation, but, yeah, lucky they weren't armed... that's the kind of thing you've got to watch out for.

 

[still learning]

Hello, The was great guys...good show....glad things turn out in you flavor.....Aloha

 

[tradrockrat]

Outstanding!

I'm a biker myself and nothing is lower than those scum who steal a mans / womans bike - especially if they ride too!

you struck one for the good guys - my hats off to you.

 

[gixxershane]

just to clairfy, it was not me.. i just read the story on a motorcycle forum that im on and thought it would be a good story to share with all you guys and gals

 

[hongkongfooey]

The way this world works these days, I would not be surprised if the criminals sue the home owner.

 

[Kacey]

The way this world works these days, I would not be surprised if the criminals sue the home owner.

And even more... I would not be surprised if they won.:idunno:

 

[hongkongfooey]

Nor would I

 

[matt.m]

I am glad no one that was being robbed got hurt beyond a black eye.

 

[CrowJS]

Unfortunately, it looks like the "hero" went too far. According to the post, he had the situation under control, then decided to break the arm just because he could. The key point is that he acknowledged that the bad guy surrended, thought it was funny, then broke the arm. If the DA or the bad guy's lawyer ever see this post, the hero is in big trouble, and probably justifiability so.

Understand, I shed no tears for the bad guy; he got his arm broke...sucks to be the bad guy. The question here is not WHAT he did, but WHY he did it.

Even though it was personally and emotionally satisfiying, was he justified in breaking his opponents arm? Your thoughts.

 

[Nomad]

Unfortunately, it looks like the "hero" went too far. According to the post, he had the situation under control, then decided to break the arm just because he could. The key point is that he acknowledged that the bad guy surrended, thought it was funny, then broke the arm. If the DA or the bad guy's lawyer ever see this post, the hero is in big trouble, and probably justifiability so.

Understand, I shed no tears for the bad guy; he got his arm broke...sucks to be the bad guy. The question here is not WHAT he did, but WHY he did it.

Even though it was personally and emotionally satisfiying, was he justified in breaking his opponents arm? Your thoughts.

To me, the really dumb part was bragging about breaking the arm even though he didn't have to on a public forum. Especially when he told the cops "the right thing" for their report. You're right, odds are the defense team will see one of these postings, and may have a better case for their clients based on this (or in a civil suit after the fact).

 

[gixxershane]

Unfortunately, it looks like the "hero" went too far. According to the post, he had the situation under control, then decided to break the arm just because he could. The key point is that he acknowledged that the bad guy surrended, thought it was funny, then broke the arm. If the DA or the bad guy's lawyer ever see this post, the hero is in big trouble, and probably justifiability so.

Understand, I shed no tears for the bad guy; he got his arm broke...sucks to be the bad guy. The question here is not WHAT he did, but WHY he did it.

Even though it was personally and emotionally satisfiying, was he justified in breaking his opponents arm? Your thoughts.

well this is the way i look at it...if he let him up what are the odds that said bad guy would attack agian... if he has a broken arm, it would be hard to attack again..

this is my other argument... if the bad guys werent there trying to steel a bike, would his arm be broken????

 

[Explorer]

There is a point where we can become the aggressor. Legally speaking, the 'hero' has put himself in a bad situation ... if the county attorney becomes aware of his actions and chooses to prosecute. Not to mention the bad guy with the broken arm; he could sue in civil court, if not criminal. Criminals regularly sue the people who put a stop to their actions. A sharp martial artist will attempt to minimize his/her liability.

 

[CrowJS]

That is my point. The "hero" states that the situation was under control. One bad guy was unconcious, his buddy was dealing with the other one (apparently successfully), his guy was immobilized, and the cops were on the way. All he had to do was either wait until the cops showed up or his other friends came into the garage.

Understand, I shed no tears for the bad guy. He had options: not be a criminal; surrender immediately, or; run. Instead, he's stupid...sucks to be the bad guy.

However, the good guy went from defending his friends property, to making someone pay because his bike was stolen the previous year. He broke the guy's arm because he wanted to, not because he needed to in order to reduce the threat. Four senarios spring immediately to mind that woud justify his actions:
1. Accident - put the bad guy into a submission hold and his arm broke...sucks to be the bad guy.
2. put the bad guy into a submission hold, but he kept fighting...sucks to be the bad guy
3. needed to help his buddy with his opponent....sucks to be the bad guy
4. The first guy was waking up and had to deal with him...sucks to be the bad guy.

Even in this situation, we have to justify the amount of force we use. According to his statement, he deliberately crossed the line without any justification. He knew that what he did was wrong, because he was afraid to tell the cops what he did.

It's not WHAT he did, but WHY he did it.

 

[thescottishdude]

well done. as far as the guy getting his arm broken - he shouldn't play with fire coz he'll get burned!

 

[Explorer]

CrowJS --

Precisely. I couldn't agree more. In most of our legal traditions we use intent to determine if, and how much, punishment a person requires.

Only one state in the US uses code law as its basis -- Louisania (a left over from French rule and the Napoleanic code). The rest of the states use English Common Law as a basis which tries to determine things like state of mind and utilizes the 'Reasonable Person' argument to decide things like this.