What It Is, Bro

[posse comatosis]

Is this a carjacking, attempted auto theft, burglary of an unattended vehicle or what? Under the carjacking statute, the victim in this incident, armed with a handgun, could have shot and killed both perpetrators. That he was beaten and might have been easily killed is ample evidence he should have done so when he had the chance to protect himself. His bad. But since he was outside the vehicle and engaged in another activity, albeit one related to driving, i.e. gotta go, did this event begin as a carjacking attempt or another crime?

http://www.thetowntalk.com/article/20081123/NEWS01/811230306/1002

 

[spanky]

Are you asking on the basis of the legal use of deadly force?

If so, you have to be in the vehicle when they illegally enter or attempt to enter.

Not saying he couldn't have used deadly force otherwise (i.e. use of force continuum) but not for the "car jacking" if he wasn't in the car.

 

[Swampy]

Not car Jacking.. but surely protecting your Property.. (there where stealing his car..)

But if he was taking his friend to a hotel, Where the hell was his friend? And if he had already dropped his friend off at the hotel. Why didnt he **** there?

Something not right about that story...

 

[mcinfantry]

that story is a lie. he was trying to pick up some ass and when he negotiating he got got jacked.

no possible way that was true.

 

[Swampy]

LOL... I agree... Or maybe Crack dealer kicked his ass...

 

[posse comatosis]

RS 14:64.2. Carjacking

A. Carjacking is the intentional taking of a motor vehicle, as defined in R.S. 32:1(40), belonging to another person, in the presence of that person, or in the presence of a passenger, or any other person in lawful possession of the motor vehicle, by the use of force or intimidation.


I don't read anything about having to be inside. "In the presence of that person" is pretty vague. As long as you are immediately and sufficiently near the vehicle that a reasonable person would consider you still in control of it....like pumping gas or urinating while traveling, that should cover you. One does not loose possession of their vehicle while doing the attendant things normally associated with vehicular driving and occupancy. Like hooking up.

 

[mcinfantry]

RS 14:64.2. Carjacking

A. Carjacking is the intentional taking of a motor vehicle, as defined in R.S. 32:1(40), belonging to another person, in the presence of that person, or in the presence of a passenger, or any other person in lawful possession of the motor vehicle, by the use of force or intimidation.


I don't read anything about having to be inside. "In the presence of that person" is pretty vague. As long as you are immediately and sufficiently near the vehicle that a reasonable person would consider you still in control of it....like pumping gas or urinating while traveling, that should cover you. One does not loose possession of their vehicle while doing the attendant things normally associated with vehicular driving and occupancy. Like hooking up.

ianal. i would not walk out of my house and try and stop someone from STEALING your car. or out of the gas station from paying, or away from it. just my .02.

 

[posse comatosis]

No, but if you pissing behind the driver's side door door or getting it off on the hood, yes, the carjacking statute might apply.

 

[jimdana1942]

Carjacking; that's what you do to the car when you have to change a flat tire.

 

[jimdana1942]

Hey bro, it is what it is, know what I'm sayin'.

 

[posse comatosis]

know what I'm sayin

Like the guy said, too many big words.

How about, "Nawim sayin?"

I'm down wit dat.

 

[topgunz1]

public urination for the victim since all cops are evil JBT's

simple burglary, attempt auto theft, simple robbery, simple battery, theft, and theft of a firearm for the suspects. If they took the gun before beating him, armed robbery.