Anyone else have a problem with this

[MOUNTAINORACLE]

Any one else have a problem with this:
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LEXINGTON— A Lexington man was arrested Wednesday after allegedly severely beating a would-be robber with his own pistol.

Michael Atkins, 17, of Lexington was charged in Dawson County Court Wednesday with assault and use of a weapon to commit a felony. Lexington Police Chief Charlie Clark said Atkins assaulted Ernesto Guerrero, 26, of Grand Island after Guerrero allegedly tried to rob him at gunpoint Nov. 23.

Guerrero tried to rob Atkins’ west-central Lexington home, which he shares with his mother. Clark said she was not home at the time.

“He (Guerrero) walked into a home and stuck a gun in the guy’s (Atkins’) face,” Clark said.

Several of Atkins’ friends arrived, and a fight began. Guerrero tried to flee, but Atkins tackled him in the yard and “beat him severely with his own pistol,” Clark said.

Clark said Atkins was acting in self-defense when he took the gun away from Guerrero, but “it ceases to be self-defense, especially when you pistol whip the guy over the head with his own gun.”

Clark said authorities are not sure whether anyone else was involved in the beating and are still searching for suspects. He said Guerrero had at least one accomplice in the robbery, but police have not yet identified that person.

Guerrero was transported privately to Cozad Community Hospital where he was treated overnight. He was arrested in Grand Island last weekend and brought to Lexington on Monday. He has been charged in county court with robbery and use of a weapon to commit a felony and is being held in the Dawson County Jail on a $10,000 bond.

Robbery and use of a firearm to commit a felony are both Class II felonies punishable by up to 50 years and a minimum of one year in prison.
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this is not the full article; here is the link http://www.kearneyhub.com/site/news....d=577571&rfi=6

I think the idea of one year to 50 years is a little stupid and also have a problem with this young man being charged over this incident.


oracle

[billamj]

Proof that the looneys are running the asylum. As far as I'm concerned the guy who started the whole thing is lucky that he was able to walk away at all.

[markheck1]

Well.....it IS vigilante style justice.....but justifiable IMO

funny thing is he would have been better of shooting the guy and killing him....with his own gun if he had one of course...

Do police get charges like this when they beat someone down while their adrenaline is surging after a chase? No

[LittleRedToyota]

if KY law is similar to PA law, what he did is definitely illegal. he was not defending himself when he beat the robber.

should what he did be legal?

i think so. i think if someone attacks you/tries to rob you, you should be legally allowed to chase them down and beat them silly as long as you do so immediately (no going out hunting for the guy after the fact).

i'm not saying doing so is necessarily a good idea, but i don't think it should be illegal.

[Rule10b5]

Once Guerrero was running, Atkins became the aggressor.

Tackling and beating the shit out of a (now unarmed) criminal who is running away, while doubtless satisfying, is illegal. If Atkins wanted to smack Guerrero around, he should have done it during the first struggle for the gun.

I don't know how people get in to this shit, honestly, and this whole thing sounds really fishy.

How does someone walk into your home, stick a gun in your face, then your friends conveniently show up, you take the gun away from him, he runs, and you chase him down?

Why wouldn't you just pop him the second he comes through the door with the gun? Do you normally let armed people you don't know into your home? Or why not shoot him during the first struggle? And how did your friends shop up so fast? And how did he get running? And if you wanted to stop him from running, why did you wait until he was in the yard?

This whole thing reeks of a drug deal gone bad -- or a prior feud. I don't have a huge deal of sympathy for any of these guys, based on what's in the article.

[markheck1]

Once Guerrero was running, Atkins became the aggressor.

Tackling and beating the shit out of a (now unarmed) criminal who is running away, while doubtless satisfying, is illegal. If Atkins wanted to smack Guerrero around, he should have done it during the first struggle for the gun.

I don't know how people get in to this shit, honestly, and this whole thing sounds really fishy.

How does someone walk into your home, stick a gun in your face, then your friends conveniently show up, you take the gun away from him, he runs, and you chase him down?

Why wouldn't you just pop him the second he comes through the door with the gun? Do you normally let armed people you don't know into your home? Or why not shoot him during the first struggle? And how did your friends shop up so fast? And how did he get running? And if you wanted to stop him from running, why did you wait until he was in the yard?

This whole thing reeks of a drug deal gone bad -- or a prior feud. I don't have a huge deal of sympathy for any of these guys, based on what's in the article.

You know..now that you mention it...............there is something "Off" here.....

[MOUNTAINORACLE]

Regardless of the missing details of what really happened:

There would be a lot less home invasions and fewer armed robberies if more criminals would get an attitude adjustment/arse whipping for their trouble.

Any one reading the article completely should see there are some details missing as with any other newspaper article.

I wish I was in Lexington, NE and had the opportunity of sitting on Atkin's jury; he wouldn't get convicted of anything!!

oracle

[Philadelphia]

If you want to run down a guy who just threatened your life and tried to rob you, say the magic words "you are under citizen's arrest" and use whatever force is necessary (short of lethal force) to effect that arrest.

That IS lawful in PA.

Do not, however, get pizzed and just beat the crap out of the perp. Do what you need to do to effect the arrest and detain the prisoner until the police arrive (short of lethal force). Make sure you can justify everything you do on that basis.

[Hokkmike]

Michael became the aggressor when he chased the fleeing perp. Obviously his own anger took over. he should have simply held the many for the police. Gun, what gun?

[jon'76]

The story does sound suspicious, but if I take it as presented in that article I have no problem with his actions.