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Austin - Apparent Home Invasion Shooting

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  • matefrio

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    Jan 19, 2010
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    Here it is. This is going to be a tough journey for Yazdi. What also hurt him is prior statements to neighbors about shooting folks on his property.

    From his own words this guy is guilty of murder. Given the benefit of the doubt he may not have known how to say the right things though or explain the shooting in terms the police understood. You shoot someone it's time to shut up and get a lawyer.

    Yazdi told police he confronted a man who was lying underneath his wife's car and ordered him several times not to flee, according to the affidavit.

    "If you flee, I'm going to shoot you," Yazdi told Recio, the document said. But "Enrique Recio began to flee, so Fred (Yazdi) fired at him," it said.

    Laleh Yazdi, 42 , told officers she heard voices outside the home and saw a man lying under her car, according to the affidavit. She then woke her husband, who went outside, the affidavit said.Fred Yazdi told police that he saw Recio outside the home and ordered him several times not to flee, it said.Recio had gunshot wounds to his chest, hip and inner thigh, the document said.Three shell casings were found outside the home, along with a .40-caliber semiautomatic Beretta, the affidavit said. Police also saw two live rounds in the entryway of the home, it said.
     

    matefrio

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    He is seriously screwed. Like it or not, he can't just shoot somebody for not obeying him.

    If I tell someone to STOP advancing with a knife or gun with intent to use it on me, and they don't, they've just disobeyed me and I can shoot.

    Joe Horn exited his home with his shotgun, while the 9-1-1 operator tried to dissuade him from that action. On the 9-1-1 tape, he is heard confronting the suspects, saying, "Move, and you're dead" immediately followed by the sound of a shotgun blast, followed by two more. Following the shootings Mr. Horn told the 9-1-1 operator, "They came in the front yard with me, man, I had no choice!"

    From the Art of War: Show him there is a road to safety, and so create in his mind the idea that there is an alternative to death.
     

    zembonez

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    If I tell someone to STOP advancing with a knife or gun with intent to use it on me, and they don't, they've just disobeyed me and I can shoot.
    Yes. But an entirely different situation.

    This guy was not invading his home. He was also not robbing or threatening him according to the stories I have read.
     

    espy59lc

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    Dec 9, 2010
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    Maybe he thought he was doing something to his car... hahaha I'm just trying to make this a legal shooting!

    If he took off running, why did he have shots to his chest?
     

    matefrio

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    Yes. But an entirely different situation.

    This guy was not invading his home. He was also not robbing or threatening him according to the stories I have read.

    Took a long time in the Joe Horn case to get things straight as well. Look at the actions of the kid.

    Looses control of his car and crashes it. (Cause? DUI?) Was the kid in control of his own actions?

    Flees from the accident NAKED and hides under a car.... (does that seem a bit disturbed and unpredictable to you?)

    Front yard is fenced.. To keep folks out right? Did he hop over it? or defeated the gate?

    Wife hears voices in her front yard and wakes up a dead asleep husband

    He goes out with a handgun and finds a naked dude under his car, naked dude most likely not acting normal or in best judgement.

    Fires only 3 shots of the at least 10 round mag in his 40 Beretta to stop the guy.

    From the report none of the bullets were in the back, so the guy coming at him.
     

    zembonez

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    One thing for sure here... We don't know what really went on. It would not appear that the fleeing crash driver was up to any good. Perhaps he was toasted and trying to avoid the cops?
     

    matefrio

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    One thing for sure here... We don't know what really went on. It would not appear that the fleeing crash driver was up to any good. Perhaps he was toasted and trying to avoid the cops?

    Most likely, but the home owner had no idea about the context of the naked guy hiding under his car. Could this naked guy be looking though the windows at my family? What was his intent being naked there in front of my house, close enough my wife was awaken at 3am by his voice?

    Was he alone? Who was he talking to?

    Honestly this is why I advise folks to STAY IN YOUR HOME, and stay out of harms way. Let them come in and try and get you while dialing 911. There is trouble out there in the unknown once you leave your house. Simply stay put and if they come in after you are in the right to shoot.

    Nothing in his front yard is worth the hell this guy or Joe Horn will go though or went though.
     

    Glitter and Guns

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    Flees from the accident NAKED and hides under a car.... (does that seem a bit disturbed and unpredictable to you?)

    Sounds like a normal Sat night... I mean, who doesn't strip when they wreck their car at 3am?

    To me that doesn't sound drunk, that sounds drugged. Sounds like the home owner was way out of line in this to me, but if you start roaming in peoples neighborhoods acting drugged or crazy at 3am I guess you have to understand there is a certain amount of risk.
     

    austinbirdnut

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    Regardless of everyones opinion in this case, the victim was one of my good fishing buddys' son...I have no details on the accident but I can assure you, he was no dirtbag or hoodlum or robber...my medical guess is vehicle crash (insert your opinion on alcohol), head injury confusion, looking for help or place to hide (not sure why), picked the wrong psycho's house to stop at...bottom line is, its a bad shoot in my opinion and thats not just because I know the kid...
    My thoughts go out to my good friend Henry Recio.....
     

    GaryH

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    Dec 26, 2011
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    The increase in the number of gun owners is going to increase the number of stupid people in possession of guns. Fodder for the left.
     

    TexasRedneck

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    The other thing to consider....nude....leaving the scene of an accident....bypassed many other homes.....suddenly is attracted to THIS home.....mental state unknown......sobriety unknown.....media says shot in back, subsequent reports APPEAR to indicate shot from front.

    Either way, the guy shot had already committed a couple of criminal acts before ever setting foot near the homeowner. Justified shooting? I do *not* think so - but I'm gonna hold judgement until things are a LOT clearer - including what the homeowner may or may not have told the PD, and in what context. A shame for the young man shot, but have to say that he was already doing some VERY odd things, so it's hard to have a whole lot of sympathy for HIM at this point.
     

    txgunner00

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    Good shoot or bad, if this fool had kept his mouth shut he might have avoided a murder charge. At the very lease he would have not given the prosecutor anything that will be used against him.

    This is long but worth watching. Dont Talk to Police - YouTube

    Bad situation all the way around.
     

    carlw

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    Apr 12, 2011
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    If someone is lying under your car--let him. Stay quiet and call the cops. Don't flush him out, this isn't pheasant hunting!!

    Eyeball him and make sure you and yours are safe, but watch this person.

    People do stupid things all the time. Kid should be in jail, or out on bail or something. He doesn't deserve what happened to him.

    Neighbors like this guy are bad news for everyone. Sounds like he had guns and thought he could do whatever he felt like with them.
     

    kurt

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    Dec 8, 2009
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    Where does the report he was nude come from? I haven't seen or heard that tidbit anywhere but here. Not saying it isn't true, I just have not found it. Let him wander off. A nude man isn't hard to track in an mid to upscale neighborhood.
     

    matefrio

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    Where does the report he was nude come from? I haven't seen or heard that tidbit anywhere but here. Not saying it isn't true, I just have not found it. Let him wander off. A nude man isn't hard to track in an mid to upscale neighborhood.
    The victim is 23-year-old Enrique Recio. According to Austin police, Recio was naked when he lost control of car and smashed into a retaining wall on Avery Ranch Boulevard at 3 a.m.

    Homeowner Fred Yazdi charged with murder in car crash shooting
     

    BestCrispAir

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    Feb 5, 2012
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    How about Criminal Mischief in the nighttime? Source: The Self Defense Laws Of Texas


    Deadly Force to Protect Property
    "A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."​
    "A person is justified in using deadly force against another to pervent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"

     

    matefrio

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    The question will be,

    1) What did the home owner THINK the kid was up to?

    2) Was this a reasonable deduction?

    3) Did he reasonably believe that the property could hot have been protected by any other means
     
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