Arizona State Law Student Alex Botsio was willing to part with his wallet and guitars when faced with an armed robber but intruder Gabriel Saucedo learned that he would have to pry away his cold dead fingers from his laptop containing his class notes. Botsio defended his case notes with the passion of a mother mink and ultimately put Saucedo in the hospital in a act of heroism that has brought tears to the eyes of law professors around the globe.
Gabriel Saucedo, allegedly climbed through an open window into Alex Botsios’ apartment. He woke Botsio and allegedly threatened to smash his head in. Saucedo got no argument when he grabbed the wallet and guitars, but when he reached for the computer, Botsio begged: “Dude, no — please, no! I have all my case notes…that’s four months of work!”
Saucedo went for the computer anyway and was met by an irate first-year law student: ILs are known in scientific studies to be one of the most dangerous creatures to cross during the end of an academic term. Botsio wrestled the bat away from Saucedo and then worked him over like a mass tort case.
Had he reviewed his notes in advance, he would have seen a common law rule against the protection of property with force calculated to cause serious bodily injury or death. However, Arizona (I believe) is a “make-my-day” state where people are allowed to use lethal force to repel an intruder in their domicile. There is also the self-defense privilege. While you are supposed to “lay gentle hands upon” those in the recovery of chattel, the intruder can convert a case of property protection to self-defense by resisting. A bat is a potentially lethal weapon, particularly when coupled with a statement of lethal intent.
The result is that good Mr. Botsio is right with the law and right with his law professors.
For the story, click here
Mercie….
I’m actually a Hoosier!
Jill,
I was worried about Bush and Cheney finding an excuse to stay in office, but I don’t think it is feasible anymore. There is too much public opinion against them and what they screwed up. As to this interesting story about the pugnacious 1L, it was amazing. I take my hat off to the young man for defending his four months of hard work. I don’t know how intelligent it was to resist, but as Prof. Turley’s reaction shows, his law professors probably applauded him. I couldn’t imagine what I would have done in 1978 when I was a 1L and someone tried to steal my notes. I know I would have died if my notes were stolen. Great story!
Sally must be from Texas.
Good for him! But that also just underscores then need for backup data. Bad computing practices. And from experience, 1L’s are extremely dangerous when cornered. I remember beating myself up to get my Civ Pro notes.
Jill,
I think political pundit Steve Miller called this portion of our story “Take The Money And Run.”
Jill, in life nothing is ever certain. I merely indulge my childlike naivete that the upcoming transition of power will occur as have all the others. But you’re right about the wholesale trampling of the Constitution perpetrated by the BFEE; hence my remark about orange jumpsuits and restraints.
That robber got off easy; I would kill any inturder in my home.
They are threatening my family and our safety the moment they set foot in our home. And the only thing they’ll be leaving with is some of my bullets in their chest or head, which ever I shoot first.
Mark,
I think your question under “Will Bush pardon etc.” is a good point. I hope you are correct.
millsapian87,
There is something I wonder about. Are you absolutely certain bush and cheney will leave in 2 months time? If so, why? I’m not being flippant. They have broken law after law of great consequence. Each time people have said; ” Oh they won’t do that, they just couldn’t, it will undermine our Constitution”. But they did break those laws and they have undermined our Constitution. Would refusing to leave office be that different from engaging in torture, starting a war on false pretext, and spying on U.S. citizens (to name a few)?
Mr. Blyth, don’t worry; Bush will be leaving office in two months. An impeachment trial would only just be getting underway before Obama is inaugurated.
If there were any justice, though, Bush and his crew would shortly thereafter be wearing orange jumpsuits, manacles and ankle chains. I’m not holding my breath on that one.
HAHAHA!!!! Good one. But I would argue about the designation of law students as the most dangerous people to cross at the end of the term. I think med students are equally as vicious. Some have been known to wreak havoc with scalpels on the cadavers belonging to potential rivals. 🙂
I want to start a day of protest, where the whole country, does not go to work to demand impeachment now. How do we do this?