Robber caught trying to steal my tortoises !

[mike taylor]

I wouldn't tell you to shoot them . But I would call the police and have them talk to the mother/ father of the kid . I know if a cop came to my house and told me one of my boys tried to take someones stuff. I would have to buy a new belt mine would wear out on some butts .

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[Levi the Leopard]

This is why I have video cameras, a padlocked fence, dogs and guns!

Would I shoot someone for trying to steal my tortoises-not unless my life or my families was threatened.

Would I shoot at someone close enough to make then think their life was being threatened-Hell yeah!

awesome

 

[african cake queen]

hi, just wanted to say, i am so happy they didnt get them. dont know what i would do if i caught a person in my house. wouldnt be good. a camera sounds good to me. good luck and keep them safe.

 

[Jd3]

even if they cant Do anything this time.. a report will be on file and his name goes into the system...
report it...

His name WON'T go into the system. There is no proof that the alleged trespassing happened. You have ONE persons word against another. That will get you nowhere.....Remember, innocent until PROVEN guilty. One eyewitness is no where near enough evidence....

It would end up on a police report though. The repetition of criminal acts is relevant. One persons word against another's is enough to convict someone of capital murder in the US. It is often all the evidence there is.

Your understanding of basic law seems to be lacking too.

---

This is why I have video cameras, a padlocked fence, dogs and guns!

Would I shoot someone for trying to steal my tortoises-not unless my life or my families was threatened. Would I shoot at someone close enough to make then think their life was being threatened-Hell yeah!

Shooting at someone would still give you attempted murder. If you're going to shoot at them, shoot them. Dead people sue much less often than living people.

---

Calling the Police isn't going to do too much for you. They will file a general report, but that is as far as it goes. Unless you have a recording of this person doing what you allege, you are not going to get far going that route. Now would be the time to work on your security, that way you do have proof if this occurs again...

Her brother is a witness...better than a recording!

Not really. They would still need to prove that he was in the yard stealing the tortoise. Without a proof he could just deny it, then there would be just two statements contradicting each other.

Cameras sure would help. I like the idea of putting up fake ones until real ones can be installed.

But it sucks that you would even have to think about installing these kinds of security measurements....

Don't know where you live, but in most states trespassing is a good way to go to jail.

Texas Penal Code - Section 30.05. Criminal Trespass

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;

To cut to the chase, it's a Class C misdemeanor.

Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

I'm thinking the young man's parents will not appreciate having to pony up $500. If her brother witnessed him anywhere near the tortoises. it's more than a class C...over $50 in value, and any exotic tortoise is certainly over that point, escalated the charge to a felony.

You can post the letter of the law all day long. The burden of proof is on you to prove. One eyewitness is not proof enough to hold up in ANY court of law....You need PHYSICAL evidence to corroborate the circumstantial evidence.....

No seriously. Eyewitness evidence is what convicts most people of most crimes. An eyewitness is better than most physical evidence, if the eyewitness is reliable.

We're talking about trespassing. There isn't going to be a DNA trail... And further, in most places trespassing is a ticket... Not even taken into custody.

 

[guille24]

Thank you guys for all the support ! I live in Wisconsin , I don't want to shoot anyone I rather scare the s!??t out of them if I can , my family was very upset about this incident we are hoping that This doesn't occur again , I didn't call the police because when I got home it was too late to do it almost 11 pm , my tortoises get to stay all day outside and I put them back inside around 7 or 8 pm and there is always someone in my house watching them , when there is no one that can keep an eye on them they stay inside , I pray to god that this kind of incidents don't happen again to me or anybody else

 

[AnnV]

Please keep in mind, for this or any future incident, you can call the police at any hour of the day or night.

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[bigred]

You could set a couple traps that might injure any unwanted guests

 

[Jd3]

You could set a couple traps that might injure any unwanted guests

You could easily be held liable for this. Do not do this.


You can call 911 anytime. We're always there....

 

[wellington]

Always, always, always call the police for anything that is against the law, big or small. You never know. There may have been others in your area with stuff missing. You had a witness to who it was. He could be guilty of way more then just trespassing onto your property. Also, besides it is never too late to call them, they are working 24/7 but it is never too late in days either to file a report. Okay, you can't wait too long to file a report, but a few days isn't too late. Just to get it on file, which they will do and is their job!

 

[dannel]

You could set a couple traps that might injure any unwanted guests

You could easily be held liable for this. Do not do this.


You can call 911 anytime. We're always there....

Why would you be held liable for this when they would be injured while trespassing?

 

[wellington]

You could set a couple traps that might injure any unwanted guests

You could easily be held liable for this. Do not do this.


You can call 911 anytime. We're always there....

Why would you be held liable for this when they would be injured while trespassing?

You wouldn't. The person that trespassed could sue you for their injuries. However, they would not win as long as you can prove they were trespassing. Which, if not for that, they would not be on your property to get hurt. This isn't murder or rape. It's trespassing and/or theft. An eye witness would do the job of having him arrested, or fined. Most likely fined. However, there would still be a report.

 

[Jd3]

You could set a couple traps that might injure any unwanted guests

You could easily be held liable for this. Do not do this.


You can call 911 anytime. We're always there....

Why would you be held liable for this when they would be injured while trespassing?

You wouldn't. The person that trespassed could sue you for their injuries. However, they would not win as long as you can prove they were trespassing. Which, if not for that, they would not be on your property to get hurt. This isn't murder or rape. It's trespassing and/or theft. An eye witness would do the job of having him arrested, or fined. Most likely fined. However, there would still be a report.

Not true. I've testified in multiple injury lawsuits where the people were either trespassing or breaking some other law. That does not prevent you from being liable. Don't set traps for people. Particularly because some small child or dog or whatever is going to end up caught In it and not only will you be liable but you'll have to live with it.


Lock your stuff up and secure your property.

 

[WillTort2]

I would talk to the parents and advise them that you do not want to involve the police; and that you feel that they would want to be aware of the child's behavior.

I'm not sure how to prove that theft was his intention. Stress that you are there for his benefit; to help him avoid a juvenile record. Find out if they have any pets, if so, they may be more understanding.

 

[wellington]

You could set a couple traps that might injure any unwanted guests

You could easily be held liable for this. Do not do this.


You can call 911 anytime. We're always there....

Why would you be held liable for this when they would be injured while trespassing?

You wouldn't. The person that trespassed could sue you for their injuries. However, they would not win as long as you can prove they were trespassing. Which, if not for that, they would not be on your property to get hurt. This isn't murder or rape. It's trespassing and/or theft. An eye witness would do the job of having him arrested, or fined. Most likely fined. However, there would still be a report.

Not true. I've testified in multiple injury lawsuits where the people were either trespassing or breaking some other law. That does not prevent you from being liable. Don't set traps for people. Particularly because some small child or dog or whatever is going to end up caught In it and not only will you be liable but you'll have to live with it.


Lock your stuff up and secure your property.

I was thinking more along the lines of animal traps. Where I live, we don't have dogs running around, so no worries there. If your a human and you get in my trap, too bad for you and I could live with it. So, be careful in my yard. I do have traps set. They would only take a finger or toe off though, unless your a rat. Besides, it all really depends on the judge and lawyers involved and how they interpret the laws.

 

[Sh3wulf]

I'm very glad to hear your torts were not harmed, and that you are not in the business of harming other living creatures even if they are moronic humans trying to thief your pets. I don't believe for a second that shooting a gun serves any purpose other than to escalate a situation. And the possible outcome could have substantial consequences for so many people. Lets not forget this is a 15 year old child. Yes he is acting like a moron, but who wasn't at 15? Some more so than others.
I do agree with a number of people that a discussion with his parents should take place, but it needs to be constructive. This CHILD needs guidance.
If someone came and told me one of my kids had done something like that he or she would spend the next 15 weekends doing nothing but chores around your house and learning everything there is to know about proper pet care. With your consent of course. Punishment should t be without a lesson and this child could possibly learn that stealing one of your babies could have resulted in its death. Possibly he could be taught to respect the very unique animals that tortoises are and even become an advocate.
Anyway that's just my thoughts. In the end I'm just glad the torts are ok.


Two kids, One husband, One Hines57, One Leopard Tortoise, and a room at the sanitarium lol

 

[Levi the Leopard]

Re: RE: Robber caught trying to steal my tortoises !

I would talk to the parents and advise them that you do not want to involve the police; and that you feel that they would want to be aware of the child's behavior.

I'm not sure how to prove that theft was his intention. Stress that you are there for his benefit; to help him avoid a juvenile record. Find out if they have any pets, if so, they may be more understanding.

I like this suggestion most of all.

Sent from my TFOapp

 

[guille24]

U guys gave me some great ideas I love the way u guys think and no matter what you are always trying to do good things for others , I'm so thankful with all of you for your support and great advise , thank you so much !!!

 

[klinej50]

About the cameras I actually have deer cameras the ones you put around your land to spot where the deer are. They work perfectly for catching thieves (caught someone braking into my car). You can get them at a outdoor store they work great about $100 and easy to put up.

 

[Terry Allan Hall]

Calling the Police isn't going to do too much for you. They will file a general report, but that is as far as it goes. Unless you have a recording of this person doing what you allege, you are not going to get far going that route. Now would be the time to work on your security, that way you do have proof if this occurs again...

Her brother is a witness...better than a recording!

Not really. They would still need to prove that he was in the yard stealing the tortoise. Without a proof he could just deny it, then there would be just two statements contradicting each other.

Cameras sure would help. I like the idea of putting up fake ones until real ones can be installed.

But it sucks that you would even have to think about installing these kinds of security measurements....

Don't know where you live, but in most states trespassing is a good way to go to jail.

Texas Penal Code - Section 30.05. Criminal Trespass

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;

To cut to the chase, it's a Class C misdemeanor.

Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

I'm thinking the young man's parents will not appreciate having to pony up $500. If her brother witnessed him anywhere near the tortoises. it's more than a class C...over $50 in value, and any exotic tortoise is certainly over that point, escalated the charge to a felony.

You can post the letter of the law all day long. The burden of proof is on you to prove. One eyewitness is not proof enough to hold up in ANY court of law....You need PHYSICAL evidence to corroborate the circumstantial evidence.....

Maybe wherever you live...here in Texas, thieves are dealt with.

One of my tortoises was stolen, the thief, who was on parole, was put back in jail, and an extra year was added to his sentence, all based on one honest teenager's testimony.

Maybe you might want to consider moving somewhere that has laws that are enforced, Eric. Many states/municipalities ARE serious about crime...including trespassing and theft.

 

[guille24]

Thanks klinjne!! That's something I never thought about ! It's a great idea !