Las Vegas Metro Police are investigating a shooting this past Sunday that left a carjacker dead and the shooter being questioned.
Around 12:30 PM Sunday, an employee of a warehouse located shortly off the Las Vegas Stripe was loading equipment into his personal car. While inside the business, the man heard his car start. He ran out and caught another man attempting to steal his car. The employee drew a handgun, pointed it at the suspect, and ordered him to stop.
As the suspect attempted to drive off, the employee shot two times, hitting the suspect in the head. He was later transported to a hospital and pronounced deceased. In a briefing police gave about the incident, they said that the shooter was being questioned and whether or not he will be charged is pending investigation.
This will be an interesting story to follow. Depending on the details of how this went down, the shooter could be facing some legal issues. Here is Nevada’s definition of justifiable homicide.
NV Rev Stat § 200.120 (2017)
1. Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of an occupied habitation, an occupied motor vehicle or a person, against one who manifestly intends or endeavors to commit a crime of violence, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the occupied habitation or occupied motor vehicle, of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.
Was the carjacker driving away from the man as he shot? Did he drive the car toward him, putting him in danger of being hit?
I think the shooter may be in trouble if the thief wasn’t trying to run over him. I live in Texas and here, even if you’ve been assaulted, if the perp starts to run away you can’t shoot him. This is where owning/carrying a handgun for personal protection, it really pays to know your local laws.
Steven Fisk said, “…even if you’ve been assaulted, if the perp starts to run away you can’t shoot him…”
As I understand Texas statutes covering this type of situation, that isn’t absolutely accurate. There are conditions under which one may use force to protect “tangible moving property” that doesn’t matter even if the perp starts to “run away”. But, there ARE conditions…some of them very clear, and some of them subjective and can include the shooter’s opinion on what is going on and the shooter’s perception of what the perp intends to do with the vehicle and possibly even its contents (for example, if the car contains weapons and the shooter knows or believes the perp stole the car for the weapons and intends to use them to commit violent crime). Depending on how far down in the statutes these things progress, it can even depend whether it happened at night or during the day.
https://ccwsafe.com/blog/danger-texas-law-on-deadly-force-defense-of-property
https://lawofselfdefense.com/statute/texas-sec-9-41-protection-of-ones-own-property/
I would probably be going to jail. If you are stealing from me & I can stop you, I’m stopping you! I have had a CCP since 1978. My weapon has seen daylight 3 times, finger on trigger, fortunately it has never been fired. Once it has cleared the holster there will be no hesitation. The laws against good guys suck!
Sometimes it’s better to leave well enough alone than going to jail.
I see a problem as well. I also don’t see this as a carjacking. I see it as an auto theft. Carjacking is taking a car by force. If it is stolen by stealth, it is not a carjacking.
Well, do not steal a CAR, that belongs to someone else. Ooops..Guess you WON’T be doing that anytime soon!
Some of these laws are pretty messed up. That person should not serve a day in jail. Thief got what he deserved. Had he not been stealing people’s cars, he would be alive.
They wanna put us in a cell if the bad guy is going away, how do we know they aren’t going to turn & shoot. They are caught in the middle of a crime & will do whatever is necessary to avoid being captured. He was stealing his car, he should be allowed to defend his property.