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Man gets 80 months in prison for shooting a guy who was stealing his weed

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http://www.registerguard.com/rg/new...irley-hasselman-marijuana-pot-victim.html.csp

A Springfield resident who shot and wounded a man who allegedly was trying to steal marijuana by reaching over a fence was sentenced Monday to almost seven years in prison.

Josiah Timothy Shirley, 31, pleaded guilty to charges of attempted second-degree assault and unlawful use of a weapon during an appearance in Lane County Circuit Court. A judge sentenced him to 80 months in state prison, which is six years and eight months.

Springfield police arrested Shirley the morning of Sept. 25 after a reported shooting in the 1300 block of E Street. The victim of the shooting, a 39-year-old Springfield man, was wounded in the upper leg and taken to a hospital.

Deputy District Attorney Erik Hasselman said the victim’s femur was shattered into 30 pieces by a .40-caliber bullet, requiring extensive surgery and a metal replacement for part of the bone. The man, who chose not to appear at the sentencing, has not fully recovered from the injury.

Lane County Circuit Judge Cynthia Carlson told Shirley he could easily be facing a much more serious charge.

“I think you’re very lucky not to be here on some sort of homicide,” she said.

In addition to the prison sentence, Shirley was ordered to pay restitution of $39,600 to cover the victim’s medical expenses.

Hasselman said Shirley had registered to grow marijuana for other people who are allowed to use the drug under the state’s medical marijuana laws. He had been sleeping in his backyard to protect the plants, which were growing in an outdoor garden partially enclosed by plastic.

The yard is in a dense neighborhood and the pot produced a strong odor, “so everyone knew this marijuana grow existed in the backyard,” Hasselman said. He said the victim and his girlfriend smelled the pot and decided to try to take some of it.

The two came back early in the morning with a homemade device that was meant to reach over the fence and clip off the tops of the marijuana plants, which the prosecutor said they intended to use to start their own pot grow. The two were standing in the yard of a vacant house next to Shirley’s to reach the plants.

Shirley woke to the sound of the plants being clipped. Although he could only see a silhouette, he aimed at them and fired, hitting the male victim, Hasselman said.

The story continues: http://www.registerguard.com/rg/new...irley-hasselman-marijuana-pot-victim.html.csp
 
His femur went into thirty pieces MY GOOD GOD THAT WOULD HURT SO MUCH!

How loud and stupid were the two intruders? The farmer awoke to the sound of them being cut, so much foolishness escalating in the town of Springfield!
 
Damn looks like he won't see thise plants reach adulthood.

I think a warning shot would have sufficed. Peoples and there guns these days.
 
The headline of this thread is unnecessarily sympathetic to the perpetrator of an out of proportion act of violence. You make it sound like "protecting cannabis" has more value than human life.

Get real.

It's not often I agree with a Judge in a drugs case but yes, this guy was lucky he didn't kill someone and end up doing 40 years.
 
^I'll change the headline, but in my opinion, you take my shit, I'm gonna protect my shit.

I personally wouldn't have shot the guy, but he would've been brutally brandished.
 
Yeah, the guy was allowed to grow the plants, so wasnt he basically protecting his shit? Why such a stiff sentence? If these two had been robbing his house and he did the same thing, would he still get the same kind of sentence?
 
Stonehappymonday, by your logic victims of crime should just lie down and let the criminals run rampant, since the criminals life is worth more than their property any way.

I would of said killing this guy or shooting him more than once was out of line, but shooting him once in the leg seems fair game to me, the bottom line is the guy never would of got shot if he wasn't being a seedy thieving piece of human filth. Yeah, it is slightly unfortunate his femur broke into 30 pieces, I don't think the guy with the gun could have predicted that when he fired a single shot, was he supposed to not shoot because the only gun he had was a relatively large calibre?

In my opinion you have a right to protect your shit, that goes extra for a commodity like cannabis that you have literally no legal recourse through which to recover your property. Shooting a dude in the leg while he is in the middle of robbing you is totally fair game in my book. I don't believe in violence where it is unneccessary but literally the only two choices this guy had was let this prick take my shit or do something about it.

He might not of had to shoot the guy, but if you were woken in the middle of the night and outnumbered by intruders then I think you might be glad if you had a gun by your side too. I have been in the position of people having broke into my bedroom and stealing shit while I was asleep and being woken and let me tell you it is a very unsettling experience, if I had of had a gun at the time I probably would of used it, fortunately my angry, unarmed reaction was enough to get the little shits to scamper quick smart.
 
For all the ppl that call the .40s&w the .40 "short and wimpy" bc its a short 10mm round shattering a femur into 30 pieces is no weak round. I dont even think a warning shot would have been needed, if the guy yelled get the fuck out of here before you get shot, would have sufficed.
 
I think shooting someone for trying to stealing plants is overkill. I live in Canada if you shoot anyone trying to steal your stuff you are pretty much fucked. Even if it's just the fact that sleeping in a tent with it by your side in a dense neighbourhood isn't safe gun storage. There are few instances where going to your gun safe and your separate bullet storage and then taking off trigger locks would be faster than a 911 call. I realize in the USA that you sleep with it under your pillow and all so you probably fell differently, that's ok. I am against discharging guns in a city neighbourhood under the guise of self defence or property protection though. I am not anti violence either, just anti gun violence. Steal my shit and its baseball bat time.
Also buddy should have just got a big fuck off dog. That's what the backyard growers I have known decided on. I think that is a little more reasonable than having armed combat in a suburban neighbourhood.
 
According to the article there were two people though, he only shot one, you might get away with going up against multiple assailants with a baseball bat from time to time, but if they have a clue what their doing and bad intentions, chances are it wont be too difficult for them to take that bat off you and pulverise you with it. If I had a gun and a bat next to me, and am facing multiple intruders, who for all I know could both be in possession of fire arms, I know what my choice would be.
 
Stonehappymonday, by your logic victims of crime should just lie down and let the criminals run rampant, since the criminals life is worth more than their property any way.

Are you saying that the property is worth more than the thief's life?
That seems like a very odd system of values to me.
I can only see it this way:

People > things

Simple and clear.
The cannabis grower could have fired a warning shot. He could have displayed his gun and shouted.
If the thieves had pulled a gun, it would be a different story.
But shooting someone for trying to steal a plant - even an amazing and beautiful plant like cannabis - is ridiculous to me.
 
Shooting the thief was unneccesary but that doesn't mean it was wrong. If you try to steal someones property, it's your own fault if you get in trouble. I think the guy should have walked free.
 
No slimvictor, what I am saying is that people have a right to defend their property, if a dirty thief decides to put someone in a position of deciding between hurting the thief or losing their property then I do not blame anybody who decides to pick the first option, as I would do personally. I already said I don't condone killing the guy, he isn't dead, he has an injured leg.

He was outnumbered, do you think it is realistically safe for a victim of theft to approach the two people who might both have guns with a gun and yell "stop what you are doing!, I have a gun!"? If both of them draw on you then you are absolutely fucked, I would rather fire before they have a chance to draw on me personally. They chose to put themselves, and him, in that situation, he had no fucking say in whether or not this happened, the only choice he was left with is to defend his property or not.

I am not saying he couldn't or shouldn't of fired a warning shot, but I really don't think the onus is on the victim of a crime to ensure that the actions they take to prevent themselves being victimised don't incur any injury to the perpetrator, if thieves want to ensure they don't get shot while robbing people there is a very simple solution and that is to not rob.
 
^ I see what you are saying, DM. But I am not sure why I don't entirely agree.
This is an interesting argument, and I am even arguing inside my own mind. Part of me agrees with you, but part of me doesn't.
I don't really know what is safe with a gun or not, because I detest guns, and am generally anti-violence.
I would not just sit there and let them steal my plants, of course, but I would also try not to hurt or risk killing them.
Was the thief aware that the owner was right nearby and watching him (them)? If not, making his presence known may have been enough.
If the thief saw the guy but was coming in to his property anyway, that would be really scary, and I would want to protect myself (more than my things) with a baseball bat or something similar.
Really difficult situation, and it is true that the thief created it. But I would still try to fire a warning shot, if I had a gun, or warn the guy with a bat in hand, while calling the cops or something, I think.
Then again, it is really hard to say what I would do in such a situation, since I have never been in one.
Still, I would hope that I would avoid violence to the greatest extent possible.
 
"Hasselman said Shirley had registered to grow marijuana for other people who are allowed to use the drug under the state’s medical marijuana laws."

So doesnt that mean it was legal, and was on his own property? And someone was stealing his stuff and may have been armed and dangerous for all he knew?

Was his gun legal and registered? If so, I think he's been majorly hard done by. What's the difference of him protecting his family and possessions if they were legal plants or a rare stamp collection and a large flat screen tv?

He wasn't bothering anybody or stealing from anyone, the person who was shot was.
 
^ yeah I agree with you completely.

If someone trespasses on your property for any reason in Colorado, we have the make my day law. If someone is in your home and you have reasonable suspicion they are going to use physical force on you, you can shoot to kill.

That is the law inside the house... Outside the house, on your property, we have the same law as Florida... your fists can be counted as dangerous weapons!

And that's the way it should be. Sorry but if you're stealing something, you're stealing something. It doesn't matter if its a plant or a multi-billion dollar diamond. It is yours. You should have a right to protect it.

If someone wanders on to your property, you should have a right to protect it. Creating a device in order to steal something off of private property is still a crime and its still stealing. Why shouldn't you be allowed to defend it the same way that you would if it was in your house behind a window?
 
"Hasselman said Shirley had registered to grow marijuana for other people who are allowed to use the drug under the state’s medical marijuana laws."

So doesnt that mean it was legal, and was on his own property? And someone was stealing his stuff and may have been armed and dangerous for all he knew?

Was his gun legal and registered? If so, I think he's been majorly hard done by. What's the difference of him protecting his family and possessions if they were legal plants or a rare stamp collection and a large flat screen tv?

He wasn't bothering anybody or stealing from anyone, the person who was shot was.

In most American states, you can't shoot someone simply to protect your property. The notable exception is Texas, where a guy just got acquitted of killing an escort who refused to have sex with him after he'd paid her:

http://www.bluelight.org/vb/threads/666779-Trivial-news-thread?p=11613867#post11613867

His defense was that when she accepted his money, her body was technically his to sexually penetrate for the next hour, and so when she started to walk away, she was stealing his property.
 
Personal property rights are more important than people.

Call me heartless. I don't care about your opinions; they mean nothing to me.

If you think I am more important than your weed, I hope someone steals it. I wouldn't, but you're as flat and vacant as a welcome mat to not have sympathy for the guy in jail for protecting his livelihood.
 
Whoa, this makes no sense. A guy protecting his property gets jail time. A guy looking to kill a "colored" teenager on the street gets let off. America, you have issues.

I follow poledriver's logic, this guy was protecting his crop. What is different to protecting his home or family? Not to mention he didn't hate blacks, stalk one and kill one in cold blood.
 
Judge was just being a cunt because she sees him as a criminal because it was weed. If that thief was snagging liquor bottles the shooter wouldn't be in jail.
 
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