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Shooting spurs reaction

Posted: Friday, March 15, 2013 4:05 pm | Updated: 4:07 pm, Fri Mar 15, 2013.

Tuesday night’s break-in and shooting of the alleged burglar is just another example as to why homeowners need to be ready for any eventuality, said Homer Miller, of Albertville.

Miller and his wife were the victims of a burglary of their home last year as the couple attempted to move across town. Burglars took just about everything the couple owned.

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15 comments:

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  • OldScout posted at 11:39 am on Tue, Apr 2, 2013.

    OldScout Posts: 25

    This is great reading and I agree with a lot of it. I think the mystery is why the shooters name has not been revealed. The deceased has been identified and all of his short comings discussed. Most of the time the facts in the case are published. What is up here. Is there a reason to protect the shooter? Is the somebody hiding something?

     
  • cbsboaz35957 posted at 10:01 pm on Thu, Mar 21, 2013.

    cbsboaz35957 Posts: 365

    Oh and P.S., for some insight into just how screwed your local justice system is despite my relative having over 20 felonies against him he is currently out of jail and has spent less than 10 months in an actual jail cell since despite already going to trial for some of the charges.

     
  • cbsboaz35957 posted at 9:49 pm on Thu, Mar 21, 2013.

    cbsboaz35957 Posts: 365

    I would like to offer my own insight on this topic as I've had "family property" stolen a couple of years ago.

    Long story short a couple years ago my wife and I bought a home and renovated it cleaning up after a drug addict relative of mine whom charges were pressed against for pawning a lawnmower worth roughly $2,500, a 5x8 utility trailer, and forging roughly 30 checks in total that were stolen and belonged to various family members.

    While my wife and I were renovating the home we got the lawnmower and utility trailer out of the pawn shop as pawn shops can't keep it if it's considered stolen property.

    We were using the utlity trailer to pile garbage on to haul off that was taken out of the home. All in all the renovation took a month total to clean out their stuff, paint, put in new carpet etc.

    One night it was pouring down rain and I mean BAD!! The next morning the utility trailer was gone. The funny part is the utility trailer was piled to the brim with garbage. They pulled up just long enough to hook up to it and take off ignoring the lawnmower sitting next to it and any of the furniture sitting on the front porch.

    This is how desperate the thieves are in this area that they're willing to haul off ALOT of garbage just to steal a trailer that's only worth maybe $400.

    Incidently, the next night I did exactly what this guy did. I slept in the house we were renovating and had a gun on me at the time.

    For those of you who talk this garbage about "call the police", keep in mind that the Boaz PD wasn't willing to just kick the door in and arrest the drug addict relative of mine despite the NUMEROUS charges against him. They waited until they caught him out and about 1 full month AFTER we pressed charges. These lazy cops weren't even willing to break in the door to get him. Then when they finally did get him, it took the detective a full week to simply take a piece of paper to the pawn shop telling them they had to give us the utility trailer and lawnmower back as it was stolen property.

    So, in conclusion, if you people wish to depend on the local police for anything don't count on much help or expect it to come quickly.

    In the end, it's up to the individual if they want to pull the trigger on another human being. I often wonder looking back on the night I sat in my now home whether I would've pulled the trigger with deadly intent or just to scare the mess out of'em.

    All I can say is if you're going to make the choice to pull the trigger shoot to kill because you don't know if they'll shoot back, and make sure you decide ahead of time if a simple material posession is worth taking the life of another human being.

     
  • Billy Bob posted at 4:27 pm on Mon, Mar 18, 2013.

    Billy Bob Posts: 30

    Yes, he should have called 911. The police would have picked him up and hauled him off to jail. The next week the pattern repeats itself.

     
  • Concerned Citizen posted at 6:21 pm on Sun, Mar 17, 2013.

    Concerned Citizen Posts: 36

    Emotions don't matter , if the proof is there and it's under the castle law then it's law. Like it or not .... Now if the guy for instance shot 2-3 times and there was prove of no for Ed entry then I am sure there would be a arrest . I say Annie we leave the law enforcement to the police and our own morale values to ourselves .

     
  • Annie Muss posted at 10:19 pm on Sat, Mar 16, 2013.

    Annie Muss Posts: 74

    But that is what we do in America. We call the police. We don't take the law into our own hands and impose the death sentence where it isn't deserved. At this point, what matters is the intent of the shooter. Was he "scared" or "angry." His actions were that of an angry man. His property was being violated. If he was scared for his life, he wouldn't have hid his car. He wouldn't have remained quiet. The second he heard the car pull into the driveway, he could have called 911, but he didn't. He waited while the thief tried to break into the shed behind the house (that belongs to the neighbor) and still didn't call the police. Then he waited for the thief to make entry, and still didn't call 911. He shot the intruder, THEN he called 911. That isn't a scared man, it is an angry man that wants revenge, and he got it. He could have held his shotgun, and when the thief was at the door, he could have yelled "halt, or I'll shoot" and the thief probably would have ran scared. If he didn't run, and continued to make entry, then there would have been justification to shoot. This one will never be settled to everyone's satisfaction, but I always try to think out of the box. Had the thief not been a repeat felon, had he been a high school senior looking for an empty house to makeout with his girl, (which would have been wrong, illegal, etc., etc.) and the 16 year old boy was shot dead for this one horrible mistake, would we be having this conversation. I don't think so, people are trying to justify the actions of the shooter based on the criminal history of the thief, but this history would have been unknown to the shooter at the moment he pulled the trigger. It IS possible that the man was just fed up with being broken in on and also fed up with Democrats trying to control gun ownership, and while this is just speculation on my part, he might have set out to kill someone that night. That is how it appears to me, given the information I have. The media hasn't released the name of the shooter, but I was told he was Dennis Bryant and that the man has anger issues.

     
  • dlj476 posted at 9:36 pm on Sat, Mar 16, 2013.

    dlj476 Posts: 24

    Unless the intruder is sitting in the home waiting when the pd arrives they rarely do anything. Video doesn't mean much to them.

     
  • ReginaR posted at 2:32 pm on Sat, Mar 16, 2013.

    ReginaR Posts: 3

    There is a fine line here between "standing your ground" and "lying in wait"....and the difference between the two is great. Lying in wait is murder. Lots of holes in this story and I hope someone in authority in Marshall County has the guts to ask the right questions. To allow someone to use and abuse the "stand your ground" law to commit murder is wrong...and if that is what happened here, the shooter should be made an example of and carry a strong message that you cannot use the "stand your ground" to set up a murder. This is how we lose many of our rights --- by people abusing them. Something is wrong when you have a man about 5'7" tall weighing about 140 pounds who is unarmed come up against two grown men - one with shotgun - and the unarmed man ends up dead.

     
  • Annie Muss posted at 11:15 am on Sat, Mar 16, 2013.

    Annie Muss Posts: 74

    County records online show the property as belonging to Terri Allen, however Dennis Bryant appears to be the owner. It also may be that the saw the deceased drive up and watched as he attempted to break into a neighbors shed, and did not call the police. It also appears he just quietly waited until the deceased forced entry and stepped inside, then he took his life.

     
  • LAWDAWG posted at 10:10 am on Sat, Mar 16, 2013.

    LAWDAWG Posts: 16

    If the property owner knew the vacant rental property was being burglarized he should have called the police to do a regular check. If he went into the home to stay and wait for a intruder he is pushing the pre-meditating murder issue. He could have sat outside hidden and when he saw the intruder make entry, call the police..... It just seems planned out...which is a crime........

     
  • Annie Muss posted at 9:37 am on Sat, Mar 16, 2013.

    Annie Muss Posts: 74

    I get you dij476 and agree with 99% of what you say, but hope you consider this: IF the thief had a weapon, that would be the first thing reported. Second, being a thief, if convicted, doesn't carry the death penalty. (Chopping of his arms seems more appropriate.) And the "castle law" you refer to, pertains to your "home" as in where you life, not one of your dozen or so rental properties. I read both SMR articles as well as WAFF and WHNT. I guess what sets my radar off is the fact they are withholding the fact that the property (house) is owned by Terri Allen, who on deeds refers to herself as a "single woman" although there seems like a lot of co-ownership of other properties with Tim Allen, whose infamous bootlegger father, Bud Allen, was known to shoot to defend his booze. I hope the law allows for only defending the home you live and rest in, not everything you can buy. If this were truly the case, an unknown serial killer could buy a house on a well traveled street and set up tools,etc. in open windows and wait for one of the thousand meth addicted thieves to notice, shouldn't take long. Sort of like "baiting the field." Which is sort of what happened here. It is all in the record, and records can be amended, but not changed. The biggest error the shooter made, in my opinion, is that he had 'noticed problems' and didn't bother to call the police immediately. What he did was "lock and load" and take a witness. He called the police AFTER the thief lay dead. Shooter didn't like having things taken, so he killed the guy, and that - my friend - IS MURDER. New Sign on 431 "Welcome to Albertville, where you can be arrested for letting your grass grow too high, but allowable to shoot a thief dead." Beware. The right to shoot comes with someone coming into your home, your occupied home. This was not an occupied home.

     
  • dlj476 posted at 1:05 am on Sat, Mar 16, 2013.

    dlj476 Posts: 24

    The news has not stated if the deceased fad a weapon or not. However under the castle law the homeowner can use deadly force for burglary or for breaking in a home. Either one of those by itself allows for deadly force and he met two. We don't know if he had a weapon or if the homeowner told him to halt. The homeowner may not have known if he had a weapon. The news has never said. The man had been arrested just last week by albertville pd for 1st degree theft of property and last december by the marshall county sherriff office for theft according to whnt19. I wonder if some judge thought it suitable for him to be out on bail or was he out for some other reason. IObviously he had not learned His lesson. I have to think the person brought a friend in case whoever it was came back not knowing how many there would be and in hopes of holding the person or persons there until police arrived. As for video survalence they are expensive and I know of numerous times there has been video of a burglar and it usually is not a good enough picture especially at night for an ID to be made.

     
  • Annie Muss posted at 12:09 am on Sat, Mar 16, 2013.

    Annie Muss Posts: 74

    If the shooter was the owner, then the owner is a She, not a He, as that property is listed as being one of many properties for Terri Allen (Timothy Allen)

     
  • Annie Muss posted at 10:53 pm on Fri, Mar 15, 2013.

    Annie Muss Posts: 74

    I agree with dij476 when he notes "if more thieves were caught, prosecuted and sentenced to the maximum maybe there would be less people breaking into places." And the obvious - if more burglars were shot, there would be less of them, also. Still, I am not sure what has happened here wasn't murder. The shooter made himself police, detective, judge and jury. There is a lot of crime in this county, and someone breaking into your occupied home is illegal, but I would think he could have been armed with a "cell phone" and "called 911" as first choice. He could have called out "Halt, or I'll shoot." Instead, he took his weapon, which I am sure he was licensed to carry, and he went to that house and waited for the crime he suspected would occur, waited until the predicted moment,then he shot. Anyone who has ever been robbed probably wants to "high 5" him, I know I did, but when you think about it, it was premeditated murder. He and his partner in crime laid in wait and came ready to kill If the truth was known, it was sort of like hunting or more like shooting fish in a barrel. The taking of a human life should be the last resort, not your goal. The dead man had a long record of felonious behavior and he may have been dangerous, but he wasn't armed and it was two against one. The shooter may have owned the house, but it wasn't his home, he lived elsewhere. That house was property, a source of rental income. He could have let the police do their job, or he could have set up video surveillance. Whether he called the police before or after he shot is an important factor. Also, whether the shooter hid his car and had the house lights on or off shows intent or lack of it. I doubt he will be convicted and if he is, the sentence will be light, but he did break the law, with intent, and should be held accountable for his actions. (If he did get arrested, I, for one, would be willing to donate to his defense.)

     
  • dlj476 posted at 8:43 pm on Fri, Mar 15, 2013.

    dlj476 Posts: 24

    It doesn't matter why he was there or what he thought was about to happen it is his property and according to the law he has the right to protect his property and himself. If more thieves were caught, prosecuted and sentenced to the maximum maybe there would be less people breaking in to places.

     

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