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Posted: 6/28/2017 6:39:41 AM EDT
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Atlanta police said it was a deadly shooting over a car. Investigators said the car owner was the shooter and is now facing felony charges.

Police said Josiah Gilbert looked out of his apartment window on Candler Road and saw someone trying to steal his car. Investigators said Gilbert grabbed his gun and shot the suspected car thief as he was running away.

“He found a person he didn't know breaking into his automobile. He shot him in the back of the head,” said Atlanta Police Sgt. Warren Pickard.

Marcus Mitchell, 20, was rushed to the hospital. He spent four days in critical condition. His family said Marcus passed away Tuesday morning.

“I'm devastated his life had to end this way, senseless shooting,” said his uncle, Typurs Mitchell.

Mitchell's uncle said despite what police said Marcus was doing, it was not worth taking a life. They had a message for the shooter.

“You could have got that car back brother, I can't get my nephew back, I can't,” said Typurs Mitchell.

Gilbert was arrested and charged with aggravated assault. Police said those charges will likely be upgraded to murder.
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Link Posted: 6/28/2017 6:42:36 AM EDT
[#1]
The only way people like that will learn is when they are dead. Good shoot.
Link Posted: 6/28/2017 6:42:45 AM EDT
[#2]
This is why you don't shoot people in the back of the head... Other then that good shoot, bad shot placement.
Link Posted: 6/28/2017 6:44:18 AM EDT
[#3]
Shooting the thief as he was running away is most likely a bad shoot.
Link Posted: 6/28/2017 6:45:36 AM EDT
[#4]
Back in the day they hung horse thieves. Maybe we should look into that again.
Link Posted: 6/28/2017 6:46:22 AM EDT
[#5]
In for this one
Link Posted: 6/28/2017 6:48:44 AM EDT
[#6]
A message to the uncle: Don't steal cars, don't get shot.
Link Posted: 6/28/2017 6:50:30 AM EDT
[#7]
If he hadn't been trying to steal a car he would not have been shot. So what if he ran away once he was confronted.
Good shoot
Saving us for all of the POS's  future crimes.


No mother should have to worry about their sons life every time he robs or steals from someone.
Link Posted: 6/28/2017 6:53:57 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Shooting the thief as he was running away is most likely a bad shoot.
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I'm not sure if shooting someone over a property crime is a good shoot.
Link Posted: 6/28/2017 6:54:37 AM EDT
[#9]
Sounds like uncle should have been a better uncle.
Link Posted: 6/28/2017 6:55:02 AM EDT
[#10]
He'd walk if I was on the jury.
Link Posted: 6/28/2017 6:55:19 AM EDT
[#11]
As usual, no blame laid on the goblin for his own actions.
Link Posted: 6/28/2017 6:56:47 AM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm not sure if shooting someone over a property crime is a good shoot.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Shooting the thief as he was running away is most likely a bad shoot.
I'm not sure if shooting someone over a property crime is a good shoot.
Link Posted: 6/28/2017 6:57:11 AM EDT
[#13]
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Quoted:
I'm not sure if shooting someone over a property crime is a good shoot.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Shooting the thief as he was running away is most likely a bad shoot.
I'm not sure if shooting someone over a property crime is a good shoot.
I very much agree with shooting a thief. I should have been clearer in my first comment, the media, the locals, and most likely the courts are going to crucify the guy for shooting someone who was running away.
Link Posted: 6/28/2017 6:59:39 AM EDT
[#14]
Never have I ever once seen any family members accept any responsibility for what their dead relative was doing that led to them getting killed. Just once I want to hear them say, "Steve was an aspiring rapper that was just turning his life around and never did anything like this before but if he wouldn't have been so stupid and tried to steal this car, he would still be alive."
Link Posted: 6/28/2017 7:00:11 AM EDT
[#15]
Not guilty.
Link Posted: 6/28/2017 7:00:48 AM EDT
[#16]
I'm not saying it was 100% legally a good shoot, but...

Discussion ForumsJump to Quoted PostQuote History
Quoted:
He'd walk if I was on the jury.
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Link Posted: 6/28/2017 7:03:01 AM EDT
[#17]
“I'm devastated his life had to end this way, senseless shooting,” said his uncle, Typurs Mitchell.
View Quote
Nothing senseless about it. Fuck your thieving dickhead of a nephew. Justice has been served.
Link Posted: 6/28/2017 7:03:23 AM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Never have I ever once seen any family members accept any responsibility for what their dead relative was doing that led to them getting killed. Just once I want to hear them say, "Steve was an aspiring rapper that was just turning his life around and never did anything like this before but if he wouldn't have been so stupid and tried to steal this car, he would still be alive."
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IIRC correctly there was thread here once where a perp's grandfather not only blamed the perp but blamed the judge in his previous case for not sentencing him to more prison time saying he never should have been out on the street in the first place.
Link Posted: 6/28/2017 7:04:30 AM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Never have I ever once seen any family members accept any responsibility for what their dead relative was doing that led to them getting killed. Just once I want to hear them say, "Steve was an aspiring rapper that was just turning his life around and never did anything like this before but if he wouldn't have been so stupid and tried to steal this car, he would still be alive."
View Quote
There was one, a couple of years ago. Arfcom was amazed. Kind of a white buffalo thing.
Link Posted: 6/28/2017 7:04:37 AM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Shooting the thief as he was running away is most likely a bad shoot.
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I have no problem with thieves being shot. There would be a lot less thievery if you could shoot them, either from them choosing different career paths or dying doing what they love.
Link Posted: 6/28/2017 7:04:55 AM EDT
[#21]
Good shoot all day if I was on the jury.
Link Posted: 6/28/2017 7:05:27 AM EDT
[#22]
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Quoted:
As usual, no blame laid on the goblin for his own actions.
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This

People are so fucking stupid.
The criminal is to blame. You have a right to protect your property.
The only one at fault here is the thief. If more thieves got shot maybe they would get into a different line of work.

Had same thing happen here.
Homeowner hears noises outside and finds someone breaking into his car. Thief jumps into his own vehicle to make getaway and homeowner shoots at him. Thief was slightly injured but was caught when he went to hospital.
Homeowner was not charged with any crime.
Link Posted: 6/28/2017 7:05:36 AM EDT
[#23]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Never have I ever once seen any family members accept any responsibility for what their dead relative was doing that led to them getting killed. Just once I want to hear them say, "Steve was an aspiring rapper that was just turning his life around and never did anything like this before but if he wouldn't have been so stupid and tried to steal this car, he would still be alive."
View Quote


Don't hold your breath. It ain't going to happen!
Link Posted: 6/28/2017 7:06:36 AM EDT
[#24]
Stealing property is stealing life.

Do you work for free? Is everything given to you for free? No? You earn money by sacrificing hours of your life for hard earned money to buy what you need and want? So.....I should be allowed to steal your car and property, and as long as I am unarmed or running away to hurt someone else I am ok? You cannot shoot to protect your property? Only a fucking communist believes that.

My property represents YEARS of my life spent at work. At jobs I hated. So I could acquire what I needed and wanted legally and honorably. My property IS my life. Why should huge chunks of my life be sacrificed for other peoples laziness? Why is a thiefs life worth more than mine? Why should they not have to work for what they want? Why should I have to work MORE (much more) to allow them to steal it from me with no fear of consequences? Do you also believe slavery is ok too?
Link Posted: 6/28/2017 7:09:03 AM EDT
[#25]
Good shoot. Fuck the DA.
Link Posted: 6/28/2017 7:12:51 AM EDT
[#26]
Very bad shoot by an obviously untrained shooter. Having said that, the crux of the issue is the Uncle's comment. The nephew was committing a crime (and I'll bet all my wealth that this wasn't his first break in) and it's accepted as being ok.
Link Posted: 6/28/2017 7:12:56 AM EDT
[#27]
Bad shoot under the law but if I were on the jury the defendent would walk.

Thievery should have severe occupational hazards.
Link Posted: 6/28/2017 7:19:41 AM EDT
[#28]
Bad shoot, but the only good thief is a dead one.
Link Posted: 6/28/2017 7:21:31 AM EDT
[#29]
After the shot: Lawyer up, and shut up.
Link Posted: 6/28/2017 7:22:36 AM EDT
[#30]
Thought he was in Texas?
Link Posted: 6/28/2017 7:24:46 AM EDT
[#31]
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Quoted:
Thought he was in Texas?
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yeah, no issue in TX, right?
Link Posted: 6/28/2017 7:28:12 AM EDT
[#32]
It shouldn't be a bad shoot.
Link Posted: 6/28/2017 7:29:22 AM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


yeah, no issue in TX, right?
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Probably not.
Link Posted: 6/28/2017 7:36:36 AM EDT
[#34]
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Quoted:
A message to the uncle: Don't steal cars, don't get shot.
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Winner
Link Posted: 6/28/2017 7:44:58 AM EDT
[#35]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The only way people like that will learn is when they are dead. Good shoot.
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Should we also shoot children who steal candy from the c store? If not then how do you determine which thieves get shot? Is it like a $500 and up value stipulation? In a cars case we talking blue book or trade in?

My point is you only use deadly force when there is rosk of death or grave  bodily injury.
Link Posted: 6/28/2017 7:45:36 AM EDT
[#36]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Probably not.
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Texas Penal Code - PENAL § 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.

Maybe not.  Guy didn't have property on him while fleeing
Link Posted: 6/28/2017 7:45:41 AM EDT
[#37]
Not guilty.
Link Posted: 6/28/2017 7:46:26 AM EDT
[#38]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Very bad shoot by an obviously untrained shooter. Having said that, the crux of the issue is the Uncle's comment. The nephew was committing a crime (and I'll bet all my wealth that this wasn't his first break in) and it's accepted as being ok.
View Quote
I dunno... Running headshot in low light seems plausible he had training.
Link Posted: 6/28/2017 7:51:50 AM EDT
[#39]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Stealing property is stealing life.

Do you work for free? Is everything given to you for free? No? You earn money by sacrificing hours of your life for hard earned money to buy what you need and want? So.....I should be allowed to steal your car and property, and as long as I am unarmed or running away to hurt someone else I am ok? You cannot shoot to protect your property? Only a fucking communist believes that.

My property represents YEARS of my life spent at work. At jobs I hated. So I could acquire what I needed and wanted legally and honorably. My property IS my life. Why should huge chunks of my life be sacrificed for other peoples laziness? Why is a thiefs life worth more than mine? Why should they not have to work for what they want? Why should I have to work MORE (much more) to allow them to steal it from me with no fear of consequences? Do you also believe slavery is ok too?
View Quote
Exactly.
Link Posted: 6/28/2017 7:52:37 AM EDT
[#40]
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Quoted:
He'd walk if I was on the jury.
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From what little is reported I'd have a hard time convicting...
Link Posted: 6/28/2017 7:54:29 AM EDT
[#41]
Texas Grand Juries & Courts have been pretty lenient on citizens defending their property from night thieves, even in the democratic strongholds like Houston, Dallas & Austin...

Whose to say that thief wasn't shouting he'd be back with his Homies to "take care" of the homeowner and his family...
Link Posted: 6/28/2017 7:54:41 AM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
He'd walk if I was on the jury.
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Link Posted: 6/28/2017 7:55:49 AM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Texas Penal Code - PENAL § 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.

Maybe not.  Guy didn't have property on him while fleeing
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My state's best law.
Link Posted: 6/28/2017 7:55:49 AM EDT
[#44]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Texas Penal Code - PENAL § 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.

Maybe not.  Guy didn't have property on him while fleeing
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I thought I saw him carrying my XXX from the car...
Link Posted: 6/28/2017 7:56:41 AM EDT
[#45]
Shooting while running away, in the back of the head? Bad shoot however the actions of the thief resulted in his death so I'm not broken hearted on it. Assuming the shooter is an otherwise innocent guy, he should walk IMO.
Link Posted: 6/28/2017 7:56:58 AM EDT
[#46]
It would be a mistrial if I was on the jury.
Link Posted: 6/28/2017 7:58:39 AM EDT
[#47]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Never have I ever once seen any family members accept any responsibility for what their dead relative was doing that led to them getting killed. Just once I want to hear them say, "Steve was an aspiring rapper that was just turning his life around and never did anything like this before but if he wouldn't have been so stupid and tried to steal this car, he would still be alive."
View Quote
You've got to think ahead to the wrongful death suit.
Link Posted: 6/28/2017 8:00:48 AM EDT
[#48]
You shoot to stop the threat so it's bullshit to bring up shot placement....thug was doing a stupid thing, in a stupid place, at a stupid time.  He is not, and will never be, the victim.

Good shot.
Link Posted: 6/28/2017 8:01:17 AM EDT
[#49]
No bill.  Next.
Link Posted: 6/28/2017 8:04:41 AM EDT
[#50]
I would not vote to convict. 
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