OT-DA prossecutes victim

WHEAT RIDGE, Colo. - Admitted thieves are going free, while an elderly Wheat Ridge man is facing the possibility of spending the rest of his life behind bars, all, he says, for trying to defend his property and his life.

82-year-old Robert Wallace said in February that he looked out his window and saw two men hooking his flatbed trailer up to their pickup. He yelled at them to stop, but they sped away, stealing his trailer. He told police he fired two shots at the pickup.

Minutes later, police say 32-year-old Damacio Torres dropped 28-year-old Alvaro Cardona off at a hospital emergency room with a gunshot wound to the face.

Torres did not stay to talk with police, but they caught up with him later. According to court documents, he admitted he and Cardona stole the trailer.

Wallace did not want to talk on camera, but when we asked him if the two men threatened him he said, "They almost ran me over."

The Jefferson County DA's office said that neither Torres nor Cardona have been charged with anything at this point, even though Torres confessed to the crime. However, the homeowner, Wallace is facing twelve felony counts, including four counts of attempted first degree murder. If convicted, he could spend the rest of his life behind bars.

Sources say Torres and Cardona are believed to be in the country illegally and both have an arrest record. Cardona's record includes public fighting and numerous traffic offenses like driving without a license or insurance. Torres's record includes agricultural trespassing as well as a 2005 arrest for aggravated motor vehicle theft for which he was given a plea bargain to a lesser crime. Sources say Torres is also under investigation for being part of a major auto theft ring.

Wallace is out on bond and due back in court in September to enter his plea.

Neighbors say the thieves should be the ones facing charges and Wallace should be given an award for protecting the neighborhood.

formatting link
Best Regards Tom.

Reply to
azotic
Loading thread data ...

This is why we have a jury of our peers system in this country. A foolish DA may bring charges, but you'll never see 12 people unanimously vote to put an old man away protecting his property

Shame he missed the other one.

Karl

Reply to
Karl Townsend

Just wondering who will bring charges against that DA? He cut loose two illegal aliens that are carrier criminals that confesed to the crime. At the very least a call to ins would be called for.

Best Regards Tom.

Reply to
azotic

Elected official in that county. Whaddya bet the DA just flushed his career?

Reply to
J. Clarke

As far as I know, like it or not, what Rober Wallace did (shooting at thieves driving away) is a crime in every state of the United States.

That thieves were in the country illegally, is completely immaterial.

i
Reply to
Ignoramus30064

Sadly, in most states, a robber carrying out your swag, can give you the finger while walking out of your home as long as he isn't visibly armed and is moving away from you and there isn't a thing you can do about it.

I suspect if in such a situation I shot the guys car tires out before he got into his get away vehical, I'd be charged with some crime for non lethally detaining him.

We are making some progress such as some states have laws enacting 'Castle Doctrine'

formatting link
that draws some lines as far as shoot / no shoot. I'd have to look into for my state but I'm pretty sure someone driving off with my trailer would be a no shoot since it is parked in the yard and not in a garage that is attached to my home.

In this gents case, I hope for jury nullification.

I'd also like to know if the illegals are walking free at the moment.

Wes

Reply to
Wes

On Fri, 9 Jul 2010 05:43:48 -0500, "Karl Townsend" wrote the following:

It's a shame he didn't get a round through each of 2 foreheads. And I'd sure hate to be in that DA's shoes right about now.

Reply to
Larry Jaques

Indeed. With the exception of Texas.

However...a sympathetic jury will either nullify, or the defense will bring up "protecting the public at large from violent felons"...which is on the books in Most, though not all states

Gunner

One could not be a successful Leftwinger without realizing that, in contrast to the popular conception supported by newspapers and mothers of Leftwingers, a goodly number of Leftwingers are not only narrow-minded and dull, but also just stupid. Gunner Asch

Reply to
Gunner Asch

And here's the reason the thieves weren't charged for so long:

formatting link
out there was a fed task force looking into a much bigger theft ring. I think, though, that all the squawking on the news forced their hand and they charged the pair. From what the linked article said, both were no angels.

As far as the shooter is concerned, he's going to be in deep doo-doo for the rest of his life. Between legal bills and lawsuits(inevitable), he'll lose everything. He did get his trailer back, though.

Stan

Reply to
stans4

PolyTech Forum website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.