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MattJM321
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The Associated Press
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LUMBERTON, N.C. - A 12-year-old boy was recovering from a shotgun wound he sustained from a booby trap in an unoccupied house, authorities said.
Robeson County Sheriff Ken Sealey said Josh Harold Locklear of Lumberton was shot in the side Sunday after he and a friend entered the house through an open window. The boy was wounded when he saw a box on the floor and tried to lift it.

Sealey said Locklear was in stable condition after surgery at Southeastern Regional Medical Center.

More devices were discovered in the house after police were called, but there was no sign of illegal activity in the building. The sheriff said the investigation is continuing with help from federal agents.

"We've interviewed several witnesses and talked to people who live near the house, but there's still a lot we don't know," Sealey said.

Sealey said the house hadn't been used in several years. Agents were trying to contact the owner, who lived out of the area.

Joe Lenczyk, resident agent in charge of the Fayetteville office of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, said the devices were crudely made but effective.

"They were designed as weapons in order to injure or kill anyone who tripped the devices," Lenczyk said. "We are looking at how those devices got there and who was responsible for putting them there."

He said whoever set the booby traps could face federal charges because the traps would be classified as destructive weapons.


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http://www.newsobserver.com/news/story/1228883.html

9/23/2008 9:49:05 AM

raiden
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just crackheads protecting their place.

9/23/2008 9:50:42 AM

tchenku
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9/23/2008 9:51:49 AM

synapse
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"This copyrighted material may not be published, broadcast or redistributed in any manner."


haha

9/23/2008 9:53:13 AM

EMCE
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eh, maybe

either way, it's illegal to booby trap you doors with guns, or other things like that

whoever owns that house is fucked

9/23/2008 9:53:19 AM

gunzz
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its a trap

9/23/2008 9:53:47 AM

puppy
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that kid won't ever try trespassing again.

9/23/2008 9:54:14 AM

Fermat
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they used to manufacture devices to do this stuff back in the post civil war south when the yankees started looting , there was a huge problem with it, so people came up with neat toys to disuade it

but yeah, owner is fucked

9/23/2008 9:57:48 AM

BigMan157
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it's my house i do what i want

you don't want to get shot, don't break into it

that's like a robber falling on a knife in the house he was robbing and suing the owner

9/23/2008 10:08:53 AM

quagmire02
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Quote :
"either way, it's illegal to booby trap you doors with guns, or other things like that"


it wasn't a booby-trapped door, though...they got into the house through a window and then went rummaging through a box, which was booby-trapped

at what point do you have the right to protect your own property? i am NOT saying the kid deserved it or that just because you're trespassing that you should get shot in the face...i AM saying, though, that the person who rigged it probably wasn't targeting children, but people who might loot his/her home...and why not?

9/23/2008 10:18:04 AM

wdprice3
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Quote :
""They were designed as weapons in order to injure or kill anyone who tripped the devices," Lenczyk said. "We are looking at how those devices got there and who was responsible for putting them there."

He said whoever set the booby traps could face federal charges because the traps would be classified as destructive weapons."


That's BS. I don't think the kid deserved to get shot, but he was trespassing. I say let it be a lesson learned. In no way is the owner at fault of anything. It's his property, INSIDE HIS OWN HOUSE. The kids were in there ILLEGALLY. It's their own damn fault.

9/23/2008 10:21:54 AM

puppy
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I agree with quagmire. Too bad it was a kid who got caught, but nobody should go through other people's stuff on other people's property. But yeah, whoever owns the place is in big trouble.

9/23/2008 10:21:56 AM

EMCE
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Quote :
" or other things like that

"






and I think they draw the line at using dangerous weapons, aside from barbed wire and razor ribbon. I know people want to protect their property, but the law really discourages taking things into your own hands.
for example, if you see someone breaking into your car...you're technically not supposed to try and stop them yourself....
you're supposed to call the police.

moreso, assuming the owner set the traps....well....that's what they make security systems for that alert police when the premises has been breached.
I'll be the first to admit that system is broken and needs tweaking.

[Edited on September 23, 2008 at 10:28 AM. Reason : MOAR]

9/23/2008 10:25:44 AM

quagmire02
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Quote :
"if you see someone breaking into your car...you're technically not supposed to try and stop them yourself....you're supposed to call the police."


i fully admit that i'd shoot someone breaking into my car...not in the face, but perhaps in the ass or shoulder...something that would hurt

unless it looked like they had a gun, too...i don't know if i could shoot someone to kill, but if you're stealing MY stuff and it looks like you might be capable and willing to shoot ME...yeah, i think i'd rather you suffer instead

*shrug*

9/23/2008 10:31:36 AM

Snewf
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haha you're going to go to jail for shooting someone

dumbass

btw, man-trapping is way illegal

9/23/2008 10:41:13 AM

EMCE
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that's great for you man. I f I had caught the people that broke into my car (twice), or caught the people that broke into my house, I may have shot them to...maybe not...can't say.


what I am saying is that depending on which state you live in, a court of law might have a VERY different view of taking matters into your own hands. Hell, in some places they can't be breaking in....can't be crawling in your window....they have to be IN yours house before you're even remotely justified (in the eyes of the court) for shooting them.

most states hint at RUN THE FUCK AWAY AND CALL THE POLICE

9/23/2008 10:43:15 AM

quagmire02
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^^ & ^meh...it's not quite an issue with me, since it hasn't happened (and i hope it never does)...i suppose intarweb talk is just that, and since i don't carry a gun, it's not like i'd have any way to shoot them unless they were breaking into my car at my house and i went and got the shotgun or rifle

i don't care whether booby-trapping the inside of your house (not doors or windows) is illegal or not...no one with any legal right to be there would have been hurt...although, you could make the argument that if the owner died and a relative was given the house or something, they could have been injured and they weren't breaking the law

oh well, i'm glad i'm not the judge...sucks for all parties involved

[Edited on September 23, 2008 at 10:45 AM. Reason : .]

9/23/2008 10:44:11 AM

bous
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that's RIDICULOUS for it to be illegal inside of your own home... wtf?

was it enacted b/c of cops busting in with (or without) warrants and getting pwnt searching?

9/23/2008 10:46:00 AM

quagmire02
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Quote :
"was it enacted b/c of cops busting in with (or without) warrants and getting pwnt searching?"


but see, i think that's a valid argument...with a warrant, cops don't deserve to get shot in the face for doing their jobs...so i can understand the law in this respect

9/23/2008 10:46:49 AM

EMCE
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haha, happened a while ago. this guy became delusional and paranoid of people. he moved to a secluded area, and booby trapped his house (extremely illegal). I think it was around 13 lethal traps in all.

then he died

his family had to get a special unit in there to try to disarm the traps so they could take care of his affairs.
I think that special unit found 12 traps, so they ended up having to demolish the house

9/23/2008 10:50:34 AM

Master_Yoda
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I hope this guy gets off on 2nd amendment stuff. His house, his property, the kid was trespassing. Ok I did some stuff too when I was young but ya.

Then again I wanna know why the window was open in the first place (or did the kid open it, which means tag on destruction of property and or burglary to him.

9/23/2008 10:55:02 AM

NeuseRvrRat
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ROBCO!!

9/23/2008 10:57:11 AM

Fermat
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the police are here to protect you. in fact, they're the only ones allowed to protect you. wonderful world

9/23/2008 10:58:03 AM

EMCE
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he won't.

and you all know that they're going to charge this home owner with multiple charges right?

aside from that, if anything the kid is going to be charged with breaking and entering and trespassing....found guilty, and get slapped on the wrist.....he's a minor, remember?
those charges are going to be independent of the ones that the homeowner will face. the united states court system does not operate in a vacuum. they're not going to excuse his illegal activity just because the kid shouldn't have been in there in the first place.






to all those saying "my home, I do what I want!!1". what do you think would happen to you if your booby trap malfunctioned, fired a gun, the bullets went out of your window, and shot someone?

[Edited on September 23, 2008 at 11:04 AM. Reason : .]

9/23/2008 11:00:30 AM

terpball
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The boat glided gently across the pond exactly the way a bowling ball wouldn't

9/23/2008 11:00:49 AM

TULIPlovr
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Quote :
"to all those saying "my home, I do what I want!!1". what do you think would happen to you if your booby trap malfunctioned, fired a gun, the bullets went out of your window, and shot someone?"


Then the booby-trapper would bear full responsibility. Durr

This would not dissuade anyone who had a serious interest in doing so. And enforcing that kind of responsibility would be a strong warning to the amateurs.

9/23/2008 11:38:13 AM

Skack
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Everyone seems to be assuming the owner set the traps, but I could totally see this being the work of someone who is sick and tired of crackheads stealing all the copper out of unoccupied homes.

9/23/2008 11:46:06 AM

EMCE
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a gun is a good sized investment to leave unattended in a house that isn't yours.....to guard a box

9/23/2008 11:59:00 AM

Shrapnel
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Quote :
"I hope this guy gets off on 2nd amendment stuff. His house, his property, the kid was trespassing. Ok I did some stuff too when I was young but ya."


the Second Amendment does not cover booby traps in your home

9/23/2008 12:02:19 PM

Skack
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"a gun is a good sized investment to leave unattended in a house that isn't yours.....to guard a box"


There are tons of old shotguns and rifles that can be had for $75-$100. Usually people don't sell them because the family history is more valuable than the money they could get by selling them. I could totally see someone who just suffered $10k in damages to feed someone's crack habit buying a few shotguns for a couple hundred bucks and doing this.

It doesn't sound like it was guarding the box...The box was the trap. Sounds like some horror movie stuff

[Edited on September 23, 2008 at 12:20 PM. Reason : s]

9/23/2008 12:17:56 PM

Master_Yoda
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Quote :
"the Second Amendment does not cover booby traps in your home

"


No but having guns how ever the fuck you want does. "Oh ya I was keeping the gun in a box. I dont have kids." 2nd amendment right there. No Safety issues.

9/23/2008 12:40:28 PM

EMCE
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hah, maybe so....

but if I had lost $10k, I personally wouldn't be willing to spend a few hundred to protect SOMEONE ELSE'S shit

9/23/2008 12:45:46 PM

Str8BacardiL
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gg

9/23/2008 1:03:54 PM

Mulva
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If you say this guy didn't have a right to booby trap his own home I think you should move to russia you communist pieces of shit

USA

9/23/2008 1:17:58 PM

raiden
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I don't think you can legally booby-trap your own house.

9/23/2008 1:34:42 PM

EMCE
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haha, you can't. I've been trying to tell these people that for a while now

9/23/2008 1:40:02 PM

Fermat
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"The box was the trap"



interesting

9/23/2008 1:54:11 PM

Master_Yoda
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"haha, you can't. I've been trying to tell these people that for a while now "


So why not from a constitutional standpoint? Same reason with 2nd amendment as bearing arms (owning guns) to protect yourself. Actually with or without guns this still falls under 2nd amendment to protect your self by bearing arms.

9/23/2008 2:11:35 PM

Demathis1
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lol.... this reminds me of about a million cases we had to read in Torts and Crim my first year of law school.

Like this one: http://en.wikipedia.org/wiki/Katko_v._Briney

I remember Katko look just like Paul Newman

9/23/2008 2:12:30 PM

Skack
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Quote :
"but if I had lost $10k, I personally wouldn't be willing to spend a few hundred to protect SOMEONE ELSE'S shit"


In my theory the person isn't spending money to protect someone else's stuff. They are spending money to get revenge. They could obviously care less about the homeowner because he/she will probably be tied up in legal troubles and lawsuits for years to come.

9/23/2008 2:17:30 PM

EMCE
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wait, what?!

you have the right to bear arms. you do not have the right to shoot people.

I'm sorry, but you're going to have to do a better job of convincing me that rigging a gun to shoot people in your house falls under the second amendment. I AM REFUTING YOUR PREMISE

9/23/2008 2:18:47 PM

Demathis1
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actually, if it's in the defense of a person it can be another story.

9/23/2008 2:22:05 PM

Skack
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This thread just reminded me of how Rambo's booby traps always got the person or people he was going after. They never just passed by one and left it for some 12 year old to stumble across three months later. He must be some sort of booby trap genius.

9/23/2008 2:23:58 PM

EMCE
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whoops, I meant to add that. the second amendment covers you bearing arms for self defense, and in cases of defense against another person.

even many adoptions of the amendment aren't really talking about defending PROPERTY.

9/23/2008 2:26:08 PM

Master_Yoda
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Ideally, and this has to be decided by the Supreme Court (and normally is)

That if you are shooting someone in defense of property, self, or persons under your protection it is self defense and falls under the 2nd Amendment. If you are a lawyer, correct me. If you arnt, feel free to express your opinion.

9/23/2008 2:28:20 PM

raiden
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lets see if the law dogs can find the law on this.

9/23/2008 2:31:44 PM

EMCE
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ok, just to humor you....

how does what you just said apply to a booby trap involving a gun

you're not there....
you're not shooting....
you don't know if the person getting shot is there to harm you, people under your care, or your property. they could just be a 12 year old boy doing something stupid

9/23/2008 2:31:47 PM

Demathis1
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the right to bear arms has little to do with this. It is a defense issue. Yes, you can use a gun in defense of others if there is a legitimate fear of death or severe bodily harm.

You can NEVER shoot someone in defense of property.

9/23/2008 2:33:11 PM

raiden
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that's why I think you can't booby trap your own place. because while you can be discriminate in shooting someone (make the judgment if your life is or isn't in danger and thus shoot the bastard); booby traps will fuck up anyone who trips them, whether that person is the intended recipient or not.

9/23/2008 2:34:09 PM

Fermat
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Quote :
"Decided by the Supreme Court this has to be (and normally is)

Shooting someone in defense of property, self, or persons your are. Under self defense and the 2nd Amendment it will fall. If lawyer you are, correct me you must. Feel free to express your opinion, you must.

"



fixed

9/23/2008 2:34:23 PM

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