Guy broke into my house. Court sent me a letter saying guy owes me restitution?

[lrahm]

Contact a lawyer if you wish. He will probably tell you that unless he hits the lottery you won't get anything. He probably doesn't have anything to begin with.

 

[cobber]

It's a Ted Nuget quote. I have changed a lot of my thinking of self defense in the past couple years.

I just don't see why someone is so eager to end a criminals life. Yes they commited a crime, yet is endnig someones life a solution to that? no.

I don't think anyone here is really eager to take a life. It's not the fact that he committed a crime that gets folks het up, it's the fact that he has penetrated your family's sanctuary without your consent. You have (at least) one stranger in your house, uninvited, perhaps armed and with an unknown intent.

Can you take a chance, with your family present, that he's really a nice guy who just broke into your house on a whim and will leave after you have a word with him? What if you're wrong? Your wife and kids may pay the price. Maybe you'll be lucky and survive, but it will all be up to him because you chose not to act.

Under the circumstances, the OP took the least violent option, but it could have turned out very different and much worse.

You cannot afford to assume, when a stranger breaks into your house, that any force short of deadly force is reasonable. If you choose not to exercise that force, that is your choice and decision. Hopefully if you choose to be merciful that decision will not come back on you with a vengeance.

 

[Dead Duck]

Have the court make him pay for some Suppressors for all your guns, For next time. Because he is the one that made you hesitate in the first place.
Could have gone south real fast.
"Think of the Children - 's Hearing"

 

[littletommy]

Yes they commited a crime, yet is endnig someones life a solution to that? no.

Absolutely! I can guarantee you the criminal will never commit another crime.

 

[msd]

You did good by not shooting the scumbag. You just gave us legal law abiding, gun owning citizens another good rating, by being able to stop a crime with no one getting hurt in the process. Job well done.

How about donate his time/money to a charity? Maybe do some work for a VA or something.

Looks like you beat me to that thought. If it was me, i'd donate to a charity, in my name. It might not be much, but it's something that would make me feel good for doing.

It's a Ted Nuget quote. I have changed a lot of my thinking of self defense in the past couple years.

I just don't see why someone is so eager to end a criminals life. Yes they commited a crime, yet is endnig someones life a solution to that? no.

Yes and no.The ending of someones life, that is making a mistake like a burglary, is not necessary, but when their rap sheets a mile long then it's time to do something other than sitting in prison eating up my tax dollar and your tax dollar that could be going for better entitlements.

You've got criminals out there that have been thru prison, have rap sheets a mile long, get let out of jail and or prison and turn around and commit crimes. Some are violent crimes. This is where the justice system can't work or fail, because its the criminals mindset. Nothing the judicial system can or will do will change their behavior in society.
This is where it's time to say nitey nite...lights out for these scumbags.
It doesn't matter if it's by lethal injection, the chair or someones bullet, it's doing the world a favor when it happens.

 

[Mr Evilwrench]

Some of these people have chosen a course for their lives that will not end well, one way or the other. It's not that any of us is eager or even willing to end someone, it's that they will present us with no other choice. If it can end the way this one did, great, but did it end? If it has to end a different way, which one continues? I'd much rather it be the productive citizen with a child to support. Just my prejudice showing, I guess.

 

[GREEN607]

You did the right thing.

Now, do the right thing ....again. Tell the court, the only thing 'missing' ....was the 3 cans of $200ea. caviar he ate, and the $150 bottle of your wine, he washed it down with before you caught him.....

Oh, and do write a letter to the court that you would recommend a minimum (1year, whatever) jail sentence.... and demand that he actually serve it.

 

[Fullmag]

As stated in the above posts, as far as restitution. Ask the prosecutor to tell your side of the story, either in court or by letter. Tell the same story you just told us, about the potential threats against your 2 month old. Crimes involing possible threats for bodily injury carry heavier penalties. That might be just what it takes to stop and turn around a possible career offender.
If it's 90 year old lady or 29 year old man, just having the potential to absolutely stop a criminal but not use it, is what keeps us safe and civil.

 

[cobber]

Oh, and do write a letter to the court that you would recommend a minimum (1year, whatever) jail sentence.... and demand that he actually serve it.

The minimum sentence for residential entry is probably going to be 6 months unless he has prior felony convictions. But if you did not communicate this to the prosecutor previously, don't expect anything like that to come of letter writing now. (Assuming there's a plea agreement, your letter might sufficiently outrage the judge that he would reject the plea.)

That is not 6 months executed. It's very unlikely that the judge is going to give him an (extended) jail sentence, even under the circumstances of this crime (depending on the judge of course). Don't expect him to go to DOC either, unless he's an habitual offender. If he's not HO, he's probably going to get community corrections and supervised probation.

(I am guessing that he was not charged as a burglar, unless he committed some felony inside your house, so it'll be D felony residential entry.)

YMMV

Let us all know how it turns out.

(And please don't kill the messenger on this one...)

 

[88GT]

You did the right thing. There will always be people saying you should have done something different. And for these guys that think if someone breaks in your house it is a automatic license to be able to kill them....well I have bad news for them. There is a good chance they ain't gonna like what happens.

As far as restitution, you most likely won't get anything out of the dirtbag. He doesn't have anything and probably never will.

By the way..good job. It sounds like you handled everything like a decent common sense person would.

What a crock. I think he did A right thing...for him, his priorities, and the circumstances at the time.

Someone else might consider a right thing to perforate the guy and I wouldn't condemn him for that choice either. It certainly wouldn't be illustrative of a lack of common sense or indecency to do so.

And, yes, someone forcibly entering my premises with me and my children home is justification for shooting.

 

[gungirl65]

You need to ask if you can punch him in the nose a couple times or kick him in the butt & then call it even.

 

[sweddle]

RedPitBull, I remember your ordeal when you first posted it months ago. Again, I commend you on solid gun control. Honestly, if your repairs didn't cost you much from him kicking your door in, I would give him the nod to just deal with the courts from a criminal side and fore-go the civil side. If I had to replace the whole door or something, then I would ask the courts to recover that cost, but that's my opinion.

 

[Arickosmo]

Can you still press charges?

 

[redpitbull44]

Well, I've been doing some calling around, and nobody seems to be in today. Left a couple voice mails. I did find out that he pled guilty on 9/20. I just need to find out if he's walking around or locked up.

Edit to add:
Found out that if he behaves his release date is February. He is getting 1.5yrs jail, 1.5yrs probation. Residential entry is a class D felony.
Told them "He didn't have time to break or steal anything. All he took was my peace of mind, and how do you put a price on that?" Also told her "I don't really want to pursue any restitution, I don't want any more to do with the guy. Just let me know when he gets out of jail."

 

[Martin Draco]

"


First off, the only thing the dude stole from me was my peace of mind. How do you put a price on that?
.

I get some peace of mind from the select fire MAC-11 with suppressor by my nightstand Perhaps you should purchase a similar package and send the bill to them as a replacement for your peace of mind. With the suppressor it will also help protect your child's ears if another situation like this should arise in the future.

 

[sipowicz30]

The Prosecutor should provide you with assistance. Is there a victims advocate? The prosecutor would be seeking the resitituation on your behalf. I know several people that are still waiting for the first .10 cents of restitution, they will never see it unfortunately.

 

[redpitbull44]

The prosecutor even said it's pointless to even try to get money out of him, because he'll never pay it.

 

[Sasquatchhunter]

pick out a gun that you've had your eye on. Figure out the exact tax and total cost and all, and ask for that much. He bought you a new toy!!!!!

 

[verniebernie]

I fully respect your decesion not to shot him, however I have no children and would not have to shot either I have a pair of K9 Germen shepards and they would have never let him that far in one piece. My neighbor and I are the only ones on our block that havn't had a problem and we both have Bad Ass dogs.

 

[.45 Dave]

In my opinion you did it right. The primary purpose of having a gun is not necessarily to shoot but to compel surrender. The threat was enough in this instance and you can feel pretty sure that not having the gun would have resulted in a struggle and potential harm to you and given the close proximity, your child.