Illegals sue and win Ranch

SpinnerBait_Nut

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Re: Illegals sue and win Ranch

Not starting a shouting match here.<br />All I know is that you or I or anyone else can not point a gun at someone and hold them against their will for walking across your land.<br /><br />You can ask them to leave and if they don't, you call the law, you don't take the law into your own hands.<br /><br />Sorry, but I think the law reads if you are in fear of your life and you better make sure they have something to inflict said injury to you before you pull a gun on them.<br />I want to hear from the police officers onboard here to see what they say, legally that is. :) <br /><br />Sure, as American's, we have the right to bear arms, but that don't give us the right to use them against each other.
 

matthews_jim

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Re: Illegals sue and win Ranch

If I do something wrong I deserve to be punished. If I do something wrong to someone that is also doing something wrong, we both should be punished according to the severity of what each did wrong. Neither should be rewarded.<br /><br />When I bought my first hand gun I was asked the question; ‘Why a .357 and not a 38 or 9mm?’ My reply, ‘When the police arrive I will tell my side of the story – period – end of discussion’.<br /><br />I have several ‘throw downs’ that I keep around my home. You never know!!!!!!
 

Tinker er

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Re: Illegals sue and win Ranch

Originally posted by don flowers:<br /> There is something else we haven't heard. There is always two sides of a story. We heard the "New York Liberal paper" and what the lawyers for the "illegal aliens" had to say, but we have not, I repeat NOT heard what he has to say. Have you ever heard two opposing sides have the same story. I haven't. I would like to hear his side of the story.
Until he gets out of gaol you mightn't hear his side of the story.<br /><br />Here's a slightly different, and earlier view. <br /> http://www.mysanantonio.com/news/metro/stories/MYSA050405.1B.ranch_rescue.23cc5d704.html <br /><br />Here's a range of views which, despite the site name, if you stick with the discussion and can separate the wheat from the chaff, descends into some moderately well-informed shades of grey that suggest maybe everybody (Suttons, Casey, illegals and all) is liberally covered in brown stuff. http://volokh.com/posts/1124496007.shtml <br /><br />Maybe we're just left with a thug invited onto a property by owners not sympathetic to conventional law enforcement who reaped the consequences of unleashing a thug to stop illegals, who then by his unlawful actions dumped a gift right into the laps of a couple of illegals who wanted to stay in the US and were able to exploit the situation to get visas and damages as well. <br /><br />Or maybe Casey was a real nice bloke who offered his services to landowners overrun by illegals so he could shower illegals with blankets and cookies as part of his charitable enterprise, and the jury got it wrong in finding he had a gun at the time, which he probably mistook for a cookie jar?<br /><br />Who knows?<br /><br />One thing is for sure. Insurance companies would rather sacrifice the CEO's first born child than part with money they don't have to spend. If the Sutton's insurer settled the illegals' claim for $100,000, the illegals must have had an iron clad civil case, even if the criminal jury didn't convict Casey on the assault charges.<br /><br />As for being illegals, so what? <br /><br />If you murder an illegal, does that mean it's not a crime because they shouldn't be in the country? <br /><br />If so, it follows that if an illegal murders a citizen it's not a crime either, because they shouldn't be in the country. Or is one life more valuable than another? <br /><br />Illegals aren't that different, and no more popular in some places, than the home-grown Okies in the 30's who were moving about the US in desperation for a better life in places they weren't wanted.<br /><br />How about taking a few steps back and being proud that you live in a country which embraces the rule of law and treats everyone equally at law? <br /><br />It's what makes you more admirable to a good part of the world where law really does come out of the barrel of a gun, in the hands of people who could at best be described as primitive in their regard for the human rights which the US has enshrined in its constitution and laws for more than two centuries, even if like everyone else who espouses noble principles it hasn't always managed to live up to them.<br /><br />But it's still a far, far better place than most. That's why people want to live there. <br /><br />Large scale illegal immigration is a compliment to the country they're moving to and a rebuke to the contry they're leaving. It's not like Mexico has hordes of Americans moving south from the US.<br /><br />It doesn't mean you have to like it, or shouldn't try to stop it, but it doesn't mean the people doing it are any less human than you or shouldn't have legal rights, either.
 

steve reuter

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Re: Illegals sue and win Ranch

I SAY OPEN SEASON ON ALL CANS, screw catering to them. if you ARE NOT an american citizen you have No rights here . one day we ( american citizens) will be minority. here were i live an illigal had 2 previous d u i on the third one he ended up killing a 30 something dad , mom is in critical and there 2 kids under 5 are living someplace else. the only way to deport them is if they do a rape, murder or crime against child. I guess they can deport him now. Maybe if one of the presidents daughters got trapped in a dark ally with a can someone would do something faster to correct this invasion.
 

KRS

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Re: Illegals sue and win Ranch

Thanks for posting Hunting Wabbits.... as for the "cans" you refer, they are Canadians?<br /><br />And this incident took place in Texas, so a short lesson in geography should indicate they were most likely Illegal Immigrants from Mexico.<br /><br />Lots of Canadians here on Iboats, I respect and value their opinion and don't think of them in the same way you do.
 

eeboater

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Re: Illegals sue and win Ranch

The guy's problem is he needed land mines on his property... that would have taken care of the problem.<br /><br />Although I do think it is weird that Immigration isn't turning around and giving those two the boot.<br /><br />Sean
 
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DJ

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Re: Illegals sue and win Ranch

Some folks are finally starting to GET IT.<br /><br />With this kind of thinking, we are DOOMED as a soveriegn nation.<br /><br />We are losing personal property rights at an alarming rate, whether it be illegal crossings or eminent domain.<br /><br />I disagree with "azfyrfighter" on the "kidnapping" charge. Those are ILLEGAL aliens, some would say "combatents". How can one call the law without holding the perpetrator(s)?<br /><br />Our "legal" system is winning out over a "justice" system.<br /><br />Those "LEGAL" ranchers are having their rights trampled on by dogooders and PC idiots.<br /><br />As a sidenote:<br /><br />A local Hispanic Leader recently said: "those people just made a mistake by coming over here illegally".<br /><br />Mistake?? My !@#$. A mistake is taking the wrong exit on the freeway. A deliberate action was taken by these people. They are here ILLEGALLY, by their own choice. No mistake at all.<br /><br />Next to terrorism (and they are related) this is the biggest issue this country has.
 

SS MAYFLOAT

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Re: Illegals sue and win Ranch

Exactly what rights does an American have in Mexico? Not much from what I understand. Why is it the other way around on our soil?<br /><br />I think Hunting Wabbits was refering "Cans" as in Mexi"cans".
 
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DJ

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Re: Illegals sue and win Ranch

SS wrote:<br /><br />
Exactly what rights does an American have in Mexico? Not much from what I understand. Why is it the other way around on our soil?<br /><br />
Answer; NONE!<br /><br />We, Americans, have fallen into the namby pamby PC trap. We're wimps. As long as we can "cat around" acting like a bunch of gigelos and "street walkers", we're happy.<br /><br />Plus, as long as the cable TV doesn't go out and Dominoes still delivers, we DON'T Care.
 

txswinner

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Re: Illegals sue and win Ranch

You can not stop drug use by arresting small dealers or users.<br /><br />You can not stop illegal immigration by arresting the illegals. You must go to the source of why they come and fine the people who hire them so it will not continue.
 
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DJ

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Re: Illegals sue and win Ranch

txswinner wrote:<br /><br />
You can not stop illegal immigration by arresting the illegals. You must go to the source of why they come and fine the people who hire them so it will not continue.
So, how do you propose we "fine" Mexico? Or, other terrorist nations, for that matter?<br /><br />The only answer(s) are:<br /><br />1. A wall.<br /><br />2. An illegal work program with DOCUMENTATION.<br /><br />Now, it's a free for all. And, again, WE don't care.
 

jtexas

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Re: Illegals sue and win Ranch

talk about irony!<br /><br />I read the news stories, <br />1. nowhere did it say they were trespassing.<br />2. It's not trespassing for you to enter someone's property unless you have been told otherwise by the owner (or someone acting with the owner's authority). Even then, it's not trespassing unless you refuse to leave. Maybe the property was properly marked it which case maybe the were trespassing. Don't know, newspaper didn't say.<br />3. They weren't Mexican (not that it matters)<br /><br />What I wonder is, if they came from El Salvador, how did they prove that their post-traumatic stress came from the Texas incident, surely they had enough trauma back in the old country to last 'em a lifetime.<br /><br />Ken, I hear your frustration & agree its a dam shame, but at the end of the day, please tell me you wouldn't pistol-whip some poor guy trudging across your land if he didn't pose a threat, and left when you told him to?<br /><br />thanks
 

lakelivin

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Re: Illegals sue and win Ranch

After reading the two articles linked above, seems like this is less a "ranchowner vs. trespassers" incident than a "self organized group dedicated to addressing ilegal aliens on their own (or vigilantes, depending on your view) vs. local law enforcement groups & the National Border Patrol".<br /><br />Sounds like the 'trespassing incident' was more a means used to address the bigger issue by law enforcement officials than anything else. As far as my take on that, don't know enough to really have one. Would be interesting to get mmore information and views from local citizens as well as the different law enforcement groups involved.
 
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DJ

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Re: Illegals sue and win Ranch

I can't believe this! Now, we're trying to define TRESPASSING.<br /><br />Trespassing is: you set foot on my property (san's meter reading, etc) and, you are NOT welcome. I have the ultimate authority as to whether or not, you are welcome.<br /><br />It seems, we (US) citizens are userping our rights by allowing ILLEGAL ALIENS to trespass. What the He!!.<br /><br />Many, are oblivious to this blight, yet we seem to LIKE it.<br /><br />There are two sides of this issue.<br /><br />1. You are all for unregulated migration.<br /><br />2. You are not.<br /><br />For those in the FOR camp. Hold on. Your rights will become ZIP!
 

KRS

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Re: Illegals sue and win Ranch

I have a mental image of DJ with a vein in his forehead about to burst.....<br /><br />BUT HE'S RIGHT!<br /><br />I still hold fast that the law states you can EVICT a trespasser, but not hold them. And I must say I think that's right. What if you took your grandson hunting, crossed a fence that was unmarked, came across the owner (unbeknownest to you) and he said "Freeze, you're on my property and you're staying right here until the Sheriff comes", so he points his 12 gauge in your face and your grandson, your ability to remove yourself peacably from his property is no longer an option. I say that's wrong, and it's no different than if they are illegal immigrants.<br /><br />As for our society accepting our loss of rights ..... I agree and THIS IS OUR MOST SIGNIFICANT PROBLEM !!!
 
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DJ

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Re: Illegals sue and win Ranch

azfyrfiyter wrote; <br /><br />
I have a mental image of DJ with a vein in his forehead about to burst.....<br />
Close, but, I realize that my fellow Americans couldn't care less.<br /><br />Mark my words. The Dem's will trot out a candidate, in 2008, that will spout my views. However, look at that candidate as a "snake". The Dem's are SERIOUSLY guilty on this issue. That snake does not chnage it's colors that fast.
 

Kenneth Brown

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Re: Illegals sue and win Ranch

Originally posted by SBN:<br /> Not starting a shouting match here.<br />All I know is that you or I or anyone else can not point a gun at someone and hold them against their will for walking across your land.<br /><br />You can ask them to leave and if they don't, you call the law, you don't take the law into your own hands.<br /><br />Sorry, but I think the law reads if you are in fear of your life and you better make sure they have something to inflict said injury to you before you pull a gun on them.<br />I want to hear from the police officers onboard here to see what they say, legally that is. :) <br /><br />Sure, as American's, we have the right to bear arms, but that don't give us the right to use them against each other.
Disagree with ya here. Even though I wear the badge now I was a hellion as a kid. In 1990 at the ripe age of 16 several of us were caught trespassing in an old junk yard. This place hadn't been in business in 25-30 years. Lots and lots of neat old cars. We weren't stealing anything, just admiring the old cars. An elderly man came out of the woods with his 12 gauge on us. He walked us almost 2 miles down the road to the neighbors house. The neighbor then had his son (about 10 years old) hold a 357 on us and told him to shoot us if we let go of a fence. About 20 minutes later 3 deputies, 2 highway patrolman, and the game warden showed up. Not one of them had a problem with them holding us. At this point we all got handcuffed and introduced to the backseat of the cruiser, at a high rate of speed I might add. Took us to the jail and locked us in. Waited till 10 pm and released us all with no charges, just made damn sure we broke our curfew. This happened in 1990 at Hubbard Texas. Sure wish I could have sued and owned the junk yard.
 

Kenneth Brown

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Re: Illegals sue and win Ranch

Originally posted by jtexas:<br /> talk about irony!<br /><br />I read the news stories, <br />1. nowhere did it say they were trespassing.<br />2. It's not trespassing for you to enter someone's property unless you have been told otherwise by the owner (or someone acting with the owner's authority). Even then, it's not trespassing unless you refuse to leave. Maybe the property was properly marked it which case maybe the were trespassing. Don't know, newspaper didn't say.<br />3. They weren't Mexican (not that it matters)<br /><br />What I wonder is, if they came from El Salvador, how did they prove that their post-traumatic stress came from the Texas incident, surely they had enough trauma back in the old country to last 'em a lifetime.<br /><br />Ken, I hear your frustration & agree its a dam shame, but at the end of the day, please tell me you wouldn't pistol-whip some poor guy trudging across your land if he didn't pose a threat, and left when you told him to?<br /><br />thanks
Nope, I wouldn't pistol whip him, but I sure as heck wouldn't let him walk away either. I have found people tresspassing on my grandfathers lake and held them till the deputies showed up. <br /><br />Sorry J but your wrong here. As this was a ranch I am sure that it did have a fence up. As you'll see in B2b it clarifies a fence to keep intruders out OR to contain livestock.<br /><br />§ 30.05. CRIMINAL TRESPASS[0]. (a) A person commits an <br />offense if he enters or remains on or in property, including an <br />aircraft or other vehicle, of another without effective consent or <br />he enters or remains in a building of another without effective <br />consent and he:<br /> (1) had notice that the entry was forbidden; or <br /> (2) received notice to depart but failed to do so. <br /> (b) For purposes of this section: <br /> (1) "Entry" means the intrusion of the entire body. <br /> (2) "Notice" means: <br /> (A) oral or written communication by the owner or <br />someone with apparent authority to act for the owner;<br /> (B) fencing or other enclosure obviously <br />designed to exclude intruders or to contain livestock;<br /> (C) a sign or signs posted on the property or at <br />the entrance to the building, reasonably likely to come to the <br />attention of intruders, indicating that entry is forbidden; <br /> (D) the placement of identifying purple paint <br />marks on trees or posts on the property, provided that the marks <br />are:<br /> (i) vertical lines of not less than eight <br />inches in length and not less than one inch in width;<br /> (ii) placed so that the bottom of the mark <br />is not less than three feet from the ground or more than five feet <br />from the ground; and<br /> (iii) placed at locations that are readily <br />visible to any person approaching the property and no more than:<br /> (a) 100 feet apart on forest land; or <br /> (b) 1,000 feet apart on land other <br />than forest land; or <br /> (E) the visible presence on the property of a <br />crop grown for human consumption that is under cultivation, in the <br />process of being harvested, or marketable if harvested at the time <br />of entry.<br /> (3) "Shelter center" has the meaning assigned by <br />Section 51.002, Human Resources Code.<br /> (4) "Forest land" means land on which the trees are <br />potentially valuable for timber products.<br /> (5) "Agricultural land" has the meaning assigned by <br />Section 75.001, Civil Practice and Remedies Code.<br /> (6) "Superfund site" means a facility that: <br /> (A) is on the National Priorities List <br />established under Section 105 of the federal Comprehensive <br />Environmental Response, Compensation, and Liability Act of 1980 (42 <br />U.S.C. Section 9605); or<br /> (B) is listed on the state registry established <br />under Section 361.181, Health and Safety Code.<br /> (c) It is a defense to prosecution under this section that <br />the actor at the time of the offense was a fire fighter or emergency <br />medical services personnel, as that term is defined by Section <br />773.003, Health and Safety Code, acting in the lawful discharge of <br />an official duty under exigent circumstances.<br /> (d) An offense under Subsection (e) is a Class C misdemeanor <br />unless it is committed in a habitation or unless the actor carries a <br />deadly weapon on or about the actor's person during the commission <br />of the offense, in which event it is a Class A misdemeanor. An <br />offense under Subsection (a) is a Class B misdemeanor, except that <br />the offense is a Class A misdemeanor if:<br /> (1) the offense is committed: <br /> (A) in a habitation or a shelter center; or <br /> (B) on a Superfund site; or <br /> (2) the actor carries a deadly weapon on or about his <br />person during the commission of the offense.<br /> (e) A person commits an offense if without express consent <br />or if without authorization provided by any law, whether in writing <br />or other form, the person:<br /> (1) enters or remains on agricultural land of another; <br /> (2) is on the agricultural land and within 100 feet of <br />the boundary of the land when apprehended; and<br /> (3) had notice that the entry was forbidden or <br />received notice to depart but failed to do so.<br /> (f) It is a defense to prosecution under this section that: <br /> (1) the basis on which entry on the property or land or <br />in the building was forbidden is that entry with a handgun was <br />forbidden; and<br /> (2) the person was carrying a concealed handgun and a <br />license issued under Subchapter H, Chapter 411, Government Code, to <br />carry a concealed handgun of the same category the person was
 

txswinner

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Re: Illegals sue and win Ranch

Ken, Another thread was started by DJ for police abuse just as your case appears to be. In Texas you may use force as necessary when there is danger to your person, your property or other persons and then only the necessary force to overcome the threat.<br /><br />The case in question was not about fear of danger or threat of danger and therefore the force was excessive and abusive. I do not know the whole story and evidence but it must have been extraordinary considering the verdict.
 
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DJ

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Re: Illegals sue and win Ranch

txswinner wrote:<br /><br />
Ken, Another thread was started by DJ for police abuse just as your case appears to be. In Texas you may use force as necessary when there is danger to your person, your property or other persons and then only the necessary force to overcome the threat.<br />
I DID NOT. But that wouldn't be the first time I was falsely accused.
 
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