American "justice" fails again. Az rancher held on 1 million dollar bail for shooting a trespassing illegal.

[NewsVine_Mariyam]

The ****** judge wouldn't even approve a phone call to his wife who was left alone at the ranch. He set his bail at 1 million dollars and now Gofundme has taken down his fund. What the ****, is this America?

Arizona Border Rancher Accused of Killing Migrant, Now Held With $1 Million Bond

Rancher asks for reduction of $1 million bail to care for wife and his ranch. Meanwhile, Christian crowdfunding platform GiveSendGo seeks to help with legal fees.

www.drovers.com

You can't shoot and kill someone for merely being on your land, they have to pose a threat for which deadly force in defense of yourself or someone else is warranted.

 

[NewsVine_Mariyam]

Wow! Arizona has a hardcore Stand Your Ground Law. We have Stand your Ground, here in Tennessee, but they have to be actively threatening, so you don't get to shoot trespassers just for being on your land. Their Sheriff isn't saying what the motivation or provocation was. Anybody know if they recovered any weapons or drugs from the dead illegal alien? I am sure this is just a formality, in a state that lets you shoot trespassers on sight, if the article is correct.

I Googled but couldn't find a law that says you can shoot someone for trespassing. Do you have a link since all I could find were defense attorney's opinions like this one:
Is It Ever Legal To Shoot a Trespasser | Robert A. Dodell

 

[TheParser]

Unauthorized immigrants are -- like one of our home-grown groups -- a pampered bunch of folks that everyone had better kowtow to -- or else!

If they come on your land in the Southwest, just remember that the land once belonged to them until the gringos stole it.

 

[mudwhistle]

The ****** judge wouldn't even approve a phone call to his wife who was left alone at the ranch. He set his bail at 1 million dollars and now Gofundme has taken down his fund. What the ****, is this America?

Arizona Border Rancher Accused of Killing Migrant, Now Held With $1 Million Bond

Rancher asks for reduction of $1 million bail to care for wife and his ranch. Meanwhile, Christian crowdfunding platform GiveSendGo seeks to help with legal fees.

www.drovers.com

Democrats are fascist Nazis.
They're saboteurs.
Evil no good bastards.
I hope they all die from Gonorrhea.

 

[USAF 2023]

Meh......
Modern American "Justice" is pretty simple.
If you're wealthy you can afford 'Justice"
If you're an illegal invader, the government will provide for your Justice or you can just go home.
But if you're just an average America citizen, sorry.....they have to get their cash and assets from somewhere and yours are the easiest to take.

Too bad he couldn’t just bury the body or burn it

 

[mudwhistle]

I Googled but couldn't find a law that says you can shoot someone for trespassing. Do you have a link since all I could find were defense attorney's opinions like this one:
Is It Ever Legal To Shoot a Trespasser | Robert A. Dodell

I don't think that trespassing is all he was doing. If it was then the rancher probably wouldn't have shot him. I also don't think you've read up on it because it says you can use deadly force in some cases. They will say you can't, but with some exceptions.

You can shoot someone who poses a threat to you. If they're destroying your property or livestock you can defend that property. The only way somebody that old can do that is with a gun, not just harsh words. This guy (Gabriel Cuen-Butimea) apparently has a history of illegal entry. He has been deported before.

Another issue is the fact that they won't allow this man council or even the right to talk to his wife. The Texas authorities refuse to say anything about it. One possible reason is because the judge in this case is Hispanic and so is the county sheriff. I sense a conflict of interest in this case.

 

[MarathonMike]

You can't shoot and kill someone for merely being on your land, they have to pose a threat for which deadly force in defense of yourself or someone else is warranted.

Merely being on your land? You have no clue what those border ranchers have to deal with on a daily basis. And you certainly didn't witness what happened in this case. Besides that, the million dollar bail and the way this man is being treated is disgraceful.

 

[Synthaholic]

the million dollar bail and the way this man is being treated is disgraceful

Actions have consequences. A concept foreign to Republicans.

 

[Circe]

Wow! Arizona has a hardcore Stand Your Ground Law. We have Stand your Ground, here in Tennessee, but they have to be actively threatening, so you don't get to shoot trespassers just for being on your land. Their Sheriff isn't saying what the motivation or provocation was. Anybody know if they recovered any weapons or drugs from the dead illegal alien? I am sure this is just a formality, in a state that lets you shoot trespassers on sight, if the article is correct.

Interesting. I suppose this is in aid of keeping the nation-wide prejudice against pinging away at anyone who gets onto your lawn. In theory, I'd like to be able to shoot out the window at people who have come to rob or rape, but a lot of people would just pop away at anyone who turned around in their driveway.

This is maybe a stand against Arizona ranchers getting small armies together and fighting the invasion.

Which, however, I would like to see. I'd like to see SOMEBODY get an army up against the invasion. Plainly it's too much to hope that the government will try to stop the invasion.

 

[MarathonMike]

Actions have consequences. A concept foreign to Republicans.

Another ivory tower Liberal who wants good Americans thrown in jail and murderers released without bail.

 

[MarathonMike]

Wow! Arizona has a hardcore Stand Your Ground Law. We have Stand your Ground, here in Tennessee, but they have to be actively threatening, so you don't get to shoot trespassers just for being on your land. Their Sheriff isn't saying what the motivation or provocation was. Anybody know if they recovered any weapons or drugs from the dead illegal alien? I am sure this is just a formality, in a state that lets you shoot trespassers on sight, if the article is correct.

The illegal has been deported multiple times but the details of the shooting are very sketchy. The point is, this elderly man is not a flight risk and should not be in prison at all much less on a f*kn MILLION DOLLAR BOND. We have Democrat DAs that routinely release street thug murderers without bail. Like I said, we have an injustice system in America now.

 

[MarathonMike]

Interesting. I suppose this is in aid of keeping the nation-wide prejudice against pinging away at anyone who gets onto your lawn. In theory, I'd like to be able to shoot out the window at people who have come to rob or rape, but a lot of people would just pop away at anyone who turned around in their driveway.

This is maybe a stand against Arizona ranchers getting small armies together and fighting the invasion.

Which, however, I would like to see. I'd like to see SOMEBODY get an army up against the invasion. Plainly it's too much to hope that the government will try to stop the invasion.

Biden and his joke of a Homeland Secretary Myorkas has transformed the border back into the Wild Wild West. Law enforcement is too busy processing thousands of new illegals everyday to support the citizens down there.

Aside from that, It is unclear whether the rancher was even the one who actually shot the illegal. Totally disgraceful for that judge to do what he did to this man and his wife. That is the point here.

 

[multivita-man]

I hope so. If you shot an unarmed trespasser 150 yards from the house in Tennessee, you would probably be in trouble. I don't thing you can even shoot them for poaching on your land here. If you do, you probably need to raise the dead guy's shotgun or rifle and put a round in the tree closest to where you took your shot. Other than that, you'd better transport to the nearest river.

Not a lawyer but reading an AZ criminal lawyers website leads me to believe that simple trespass isn't a reason to shoot. Moreover, I don't think it's a valid defense to claim he thought or feared he was armed; the threat has to be substantiated somehow. It would be different if it were unauthorized entry into a home or place of business.

If I understand it right, Florida actually would allow a resident to shoot at someone if they're committing a felony. No duty to retreat, either. I don't think they're necessarily supposed to pursue, but I think there's a case where someone did pursue, shot a felon dead, and was let off. Would have to look that up though...might have forgotten the specifics.

 

[multivita-man]

The illegal has been deported multiple times but the details of the shooting are very sketchy. The point is, this elderly man is not a flight risk and should not be in prison at all much less on a f*kn MILLION DOLLAR BOND. We have Democrat DAs that routinely release street thug murderers without bail. Like I said, we have an injustice system in America now.

I would probably agree - let him stand trial.

 

[multivita-man]

No I meant the judge. A million dollars, even $100K would be high if the judge really thought this was going to be a clear case of self-defense. Rather than just deny him bond, he set it so high it basically is unachievable. Under the Arizona standards, "The nature and circumstances of the offense charged" and "The weight of the evidence against the accused" are two of the criteria, and that involves some sort of presumption by the judge. Here are their standards: Bond Factors in Arizona Criminal Cases

As for what you would do, that is the smart thing. NEVER make a statement to the police, especially if you are the one being investigated. Saying a single thing to them gives them room to make up shit.

This is correct. The moment you have even the slightest hint that you might be suspected or a person of interest, "I'll cooperate with you under the guidance of my lawyer" is the next thing that should come out of your mouth.

 

[Circe]

Biden and his joke of a Homeland Secretary Myorkas has transformed the border back into the Wild Wild West. Law enforcement is too busy processing thousands of new illegals everyday to support the citizens down there.

Aside from that, It is unclear whether the rancher was even the one who actually shot the illegal. Totally disgraceful for that judge to do what he did to this man and his wife. That is the point here.

I'm no fan of the horror on the border.

 

[White 6]

I Googled but couldn't find a law that says you can shoot someone for trespassing. Do you have a link since all I could find were defense attorney's opinions like this one:
Is It Ever Legal To Shoot a Trespasser | Robert A. Dodell

Nope. Just going by what was in the OP Thread Post link article. Like you, I can't quite see it being that open season, bag the limit, on your own land (so to speak), but wasn't going to spend the time to look up, at the time. If it was, I doubt the bond would be so high, or he might have been released on own recognizance before now. He wasn't. I suspect the prosecutor and indeed the judge know there is a serious case here. I wish the 73-year-old the best of luck with his legal problems, and indeed hope he used the advice I would give anybody else (guilty or not guilty) to not make statements without legal guidance, to not add to their own legal jeopardy, as anyone (guilty or not guilty) is entitled to a good defense, and should not incriminate themselves, by talking with the authorities more than absolutely necessary.

 

[White 6]

Interesting. I suppose this is in aid of keeping the nation-wide prejudice against pinging away at anyone who gets onto your lawn. In theory, I'd like to be able to shoot out the window at people who have come to rob or rape, but a lot of people would just pop away at anyone who turned around in their driveway.

This is maybe a stand against Arizona ranchers getting small armies together and fighting the invasion.

Which, however, I would like to see. I'd like to see SOMEBODY get an army up against the invasion. Plainly it's too much to hope that the government will try to stop the invasion.

I totally understand. Can't necessarily support the private army, fiefdom warlord position, though. As for shooting out the window at somebody attempting to rob or rape on your property, that would probably fly, especially if the wife was shooting video of the attempt. Nothing in TN law says you can't shoot without leaving the relative security of concealment and (somewhat) cover of your structural walls of your castle, under the castle doctrine.
ps. Never ever shoot "at" somebody. Either shoot them after considering the situation, being aware of the backfield or don't shoot. Just my person opinion, for what it's worth.

 

[bodecea]

Pay his bail, and be the best Bud..

Yeah...why aren't MAGAts starting a GoFundMe to help him out? I guess whining on Social Media is cheaper.

 

[Circe]

I totally understand. Can't necessarily support the private army, fiefdom warlord position, though. As for shooting out the window at somebody attempting to rob or rape on your property, that would probably fly, especially if the wife was shooting video of the attempt. Nothing in TN law says you can't shoot without leaving the relative security of concealment and (somewhat) cover of your structural walls of your castle, under the castle doctrine.
ps. Never ever shoot "at" somebody. Either shoot them after considering the situation, being aware of the backfield or don't shoot. Just my person opinion, for what it's worth.

Well said, particularly the last part! I was taught that also ------------------------------ in Tennessee. It was awhile back, but definitely still valid.

I live in Maryland now and here the bad guys have to be in the house to shoot them. If they DO make it back thru the window you can't shoot them running down the driveway. Darn it.

At least we have concealed carry now. My husband got it and we went out to dinner the other night and for the first time he went packing heat --- when he told me later, I said what any wife would say ----

"I thought you were wearing that nice jacket as a compliment to me!!"