Calif. pot patient convicted in thief's death

[Jim Johnson]

http://www.msnbc.msn.com/id/41029847/ns/us_news/

updated 1/11/2011 8:51:52 PM ET 2011-01-12T01:51:52

FRESNO, Calif. — A California man who is authorized to grow marijuana under the state's medical marijuana law has been convicted of fatally shooting a man who was trying to steal his pot.

Phayvanh Dydouangphan of Fresno admitted firing a shotgun at a group of people he caught breaking into his backyard marijuana garden on Sept. 8, but said he acted in self-defense because they were armed.

But a jury accepted prosecutors' contention that the shooting was unjustified and convicted the 47-year-old Dydouangphan of voluntary manslaughter Tuesday in the death of 40-year-old Stanley Wallace.

The slaying prompted Fresno County lawmakers to ban outdoor medical marijuana growing.

Dydouangphan faces a maximum prison term of 25 years to life when he is sentenced Feb. 9.

[Free libertarian]

...and in other news today a drunk ran over a group of school children and outdoor cars were banned in Fresno County.   

[Jim Johnson]

By Fresno's logic the children would have to pay for the damage to the car, children would no longer be allowed outside of school and free alcohol would be given to the children so they could empathize with the driver that they emotionally damaged.

[Lloyd Danforth]

If you read up on this case it will be clear that the guy was guilty. He was in no way defending himself. He shot at a fleeing vehicle.

[Free libertarian]

Fleeing vehicle ? I'd say Mr. Phayvanh Dyouangphan is a pretty good shot then and truly loved his weed. It can be painful when thugs carry off your horticultural efforts or so I've heard.

I'm not saying he should have shot him or not, but there are, evidently,  some occupational hazards to ripping somebody off.  I bet the thiefs buddies will think twice before they go raiding gardens.

The really interesting thing will be, will the STATE provide him his medicine while he's in jail ? 

[Lloyd Danforth]

That is an interesting question.

[Jim Johnson]

I don't see why people think thieves are OK or harmless.
Here is a guy that has no protection under the law, what so fucking ever. 
He was on his property, he invested his life in a crop and with no recourse he was supposed to just let people take things from him.  That's total bull shit!

If people thought less of thieves maybe the fucking Government couldn't steal as much as it does.

[KBCraig]

I don't see why people think thieves are OK or harmless.
Here is a guy that has no protection under the law, what so fucking ever. 
He was on his property, he invested his life in a crop and with no recourse he was supposed to just let people take things from him.  That's total bull shit!

If people thought less of thieves maybe the fucking Government couldn't steal as much as it does.

People do think poorly of thieves, but government likes its monopoly on force (especially in California). And when the government are the thieves, people know they're outgunned.

[Lloyd Danforth]

Most people don't equate the government with thievery.

[Free libertarian]

 A few hundred years ago most people thought the world was flat.

[Lloyd Danforth]

I know, but it will take more than a sailing trip to change what I stated.

[Jim Johnson]

If you read up on this case it will be clear that the guy was guilty. He was in no way defending himself. He shot at a fleeing vehicle.

I am wondering why you say that the man was not defending himself.

[Lloyd Danforth]

http://abclocal.go.com/kfsn/story?section=news/local&id=7657227

This morning, the 40-year-old victim and several accomplices went to 919 W. Belmont to steal some of the marijuana plants. They entered the resident's back yard and took a small amount of plants from the yard. The victim and accomplices loaded the plants into a truck and left the area. The victim, a passenger, was inside the truck. The truck was traveling eastbound on Belmont Avenue from Durant when it drove in front of 919 W. Belmont. At that point, Phayvanh Dydouangphan, 47, a resident of 919 W. Belmont and one of the marijuana card holders, shot at the victim. The victim was struck while seated inside the truck. The truck drove into Roeding Park and came to rest inside the park. The firearm used in the shooting has been recovered.

[littlehawk]

For once, I am with Jim on this one.   

[KBCraig]

Most people don't equate the government with thievery.

But even those who do understand it --perhaps especially those-- fear the armed gang too much to resist as one would resist an "unauthorized" thief.

If you read up on this case it will be clear that the guy was guilty. He was in no way defending himself. He shot at a fleeing vehicle.

I am wondering why you say that the man was not defending himself.

http://abclocal.go.com/kfsn/story?section=news/local&id=7657227

This morning, the 40-year-old victim and several accomplices went to 919 W. Belmont to steal some of the marijuana plants. They entered the resident's back yard and took a small amount of plants from the yard. The victim and accomplices loaded the plants into a truck and left the area. The victim, a passenger, was inside the truck. The truck was traveling eastbound on Belmont Avenue from Durant when it drove in front of 919 W. Belmont. At that point, Phayvanh Dydouangphan, 47, a resident of 919 W. Belmont and one of the marijuana card holders, shot at the victim. The victim was struck while seated inside the truck. The truck drove into Roeding Park and came to rest inside the park. The firearm used in the shooting has been recovered.

There's a theory of justifying force to defend property that recognizes our stuff has been obtained by exchanging a portion of our lives for it. Either we labor to create the thing, or we labor for money to purchase the thing. A thief steals a portion of your life when he steals your possessions, thus you're justified to use force, even deadly force, to stop him.

The pragmatic side of that coin recognizes that it also takes a portion of your life to post bail, pay lawyers, miss work, and possibly wind up unemployed and homeless, if you shoot someone over the theft of property.

The fellow down in Houston who got national coverage for killing two burglars coming out of his neighbor's house was no-billed by the grand jury. He still spent about $40,000 on legal fees.

And of course Ward Bird didn't fire a shot, and still got sent to prison for 3 years.