WHIO-TV in Dayton, Ohio has posted a video which includes portions of a 911 call in which a man reports that his roommate shot a man who was stealing his Xbox 360 and then hid his body in the basement.
The 911 caller told a police dispatcher that 30-year-old Mark Burwell shot and killed 24-year-old Johnny Robert Hyde, Jr. as Hyde was in the process of pilfering Burwell's 360.
Burwell, who is being held on a quarter-million dollars bail, has pleaded not guilty.
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Guamish: I think it is in good hands. Tim did a game for the GDC award show and that was fun for how short it was.02/10/2012 - 12:22pm
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Andrew Eisen: It'll be tragic if the game ultimately sucks.02/10/2012 - 12:17pm
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james_fudge: $1.3 million02/10/2012 - 11:32am
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Uncharted NES: Germany Says It Won't Sign ACTA [Update: ... Yet]- http://tinyurl.com/7r2twrg02/10/2012 - 11:21am
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Andrew Eisen: Damn. Double Fine's Kickstarter fund has already passed a million dollars.02/09/2012 - 8:16pm
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Andrew Eisen: Audrey didn't quote the sassy parts. Here's IGN's article: http://wii.ign.com/articles/121/1218359p1.html And here's my original post: http://tinyurl.com/7y68a3902/09/2012 - 7:50pm
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james_fudge: I hope you some said something sassy! Where's the link?02/09/2012 - 7:46pm
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Andrew Eisen: Hey, neat. IGN quoted a blog I had writen only two hours earlier. I certainly timed that one pretty well.02/09/2012 - 7:38pm
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Andrew Eisen: Toki Tori has been added to the Humble Bundle for Android.02/09/2012 - 5:11pm
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james_fudge: Thanks for the heads-up DorthLous02/09/2012 - 4:33pm
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DorthLous: Will do, my apologies.02/09/2012 - 4:14pm
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Andrew Eisen: I appreciate the heads up but please keep typo alerts to the specific article's comments or PMs.02/09/2012 - 3:33pm
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DorthLous: The title says 30, but in the article, the developer says it's like a 20% net tax http://www.gamepolitics.com/2012/02/09/developers-call-facebook-currency-transaction-fee-thirty-percent-tax02/09/2012 - 2:43pm
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Uncharted NES: If they actually release Final Fantasy XI for PlayStation Vita, then I will consider buying one.02/09/2012 - 12:13pm
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Uncharted NES: Customers Petition Apple to End Worker Abuse with 250,000 signatures- http://tinyurl.com/6vpuom202/09/2012 - 11:28am
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Uncharted NES: And in non-BREAKING news, Kotaku commentators can be real jerks.02/09/2012 - 11:22am
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Andrew Eisen: Huh, saw that in the paper last Friday (or possibly over the weekend). Sad to say but people missing that long usually turn up dead. Sure hope that isn't the case.02/09/2012 - 2:12am
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Andrew Eisen: I don't believe so. As I hear it, it's just a week-long promotion.02/09/2012 - 2:10am
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Uncharted NES: Nintendo Employee Reported "Missing"- http://m.kotaku.com/5883562/nintendo-employee-reported-missing02/09/2012 - 1:50am
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Uncharted NES: @andrew Hopefully it's the permanent price, though I'm not planning to upgrade anytime soon.02/09/2012 - 1:44am
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Comments
Re: 911 Call Describes Killing Over Stolen Xbox 360
Some people in this thread are being stupid as hell. Let me get this through to you, if a guy is stealing your xobx, shooting him in the back is not self defense. If some people had their way in this thread, we would be back to the old wild west, where killing someone for insulting you was acceptable. Get with the itmes, you can't kill someone cause they make you mad, your xbox is not your life, you are not defending yourself for protecting your poor defenseless xbox.
Re: 911 Call Describes Killing Over Stolen Xbox 360
The killer had no right to kill over property, that is a legal fact.
Self defense won't work because of the fact that he hid the body and attempted to get away with it. On that note, if he would have planted a knife or something and called the cops, then that would have been a different story.
Lastly, if someone tried to steal my xbox 360 i probably would have done something about it, obviously-who wants to lose $300+ to some chump? next time, pistol whip.
Re: 911 Call Describes Killing Over Stolen Xbox 360
The lesson here people, don't steal.
Re: 911 Call Describes Killing Over Stolen Xbox 360
I have to side with the killer on this one. Based on the facts we've been presented with it sounds like someone defending their property. Then not having any idea what to do and trying to hide it. Florida has the Castle Doctrine. :)
I feel like I could kill someone for being in my home. Or at least shoot them. I don't own a gun, but I plan to get one when I turn 21 this year. But I've never really thought of what I would do afterwards. I'd like to think I'm way smarter than to hide the body, don't get me wrong. But out of the 2 billion people out there, it could have happened to one of the dumbest. I wish I knew how long he had the body hidden before the roommate called the cops. That would be a big thing.
Re: 911 Call Describes Killing Over Stolen Xbox 360
I don't know what I'd do in that situation. I do have hunting guns in the house. If some strange person came into my house while I was there and started taking stuff, and I had one of those guns handy, I might start shooting too.
I would argue the threat of violence is implied with anyone crazy enough to start stealing your stuff. With how easy it is to conceal a weapon, it'd be very hard to just assume they are unarmed too. They did come in with the intention of committing crimes, why would one assume they aren't armed and ready to commit more serious crimes? Especially when corned or caught in the act.
If it was someone I knew grabbing stuff trying to sneak it out and I caught them, that would be a bit different. I don't know that self-defense would apply there. And trying to hide the body was probably the biggest mistake if you're going to claim self-defense.
I don't know, I guess the biggest lesson here is not to steal stuff. I can't say I fault the homeowner too much here.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Depending on the state you live in, if it has Castle Doctrine, you can kill someone for being in your home uninvited.
The hiding the body part is probably what will make him lose this case.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Yes, if there is Castle Doctrine, you can kill them whether you feel threatened or not, if they aren't supposed to be there. While other states you are expected to flee.
Re: 911 Call Describes Killing Over Stolen Xbox 360
This is an interesting commment thread but I am less interested in this proposed scenario then I am by how far people are willing to go to defend their property rights with deadly force.
Most of these laws that state you have the right to kill someone illegally in your home are based on the level of threat the homeowner is feeling. Someone who breaks into your home while you are there is inherently assumed to be posing a life-threatening danger, therefore the homeowner is given the benefit of the doubt. But what if this guy stole the console, car, jewelry or whatever when you weren't there. If you find this guy on the street, is anyone willing to defend someone's right to kill this person to get your stuff back? The same scenario is open with some guy running out the door with his back turned. Does he represent a life-threatening danger anymore that requires death as punishment? Even if you say yes to both of these there are non-judicial consequences of shooting someone dead that might be worth more than a XBOX in the end, and I'm pretty sure you are still going to be charged with some form of illegal killing saying yes to the first case. When determining whether to actually shoot someone or not, reasonable restraint is always welcome.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Once again we have no way of knowing if the shooter shot to wound or to kill and until we have that piece of information such discussion are kinda pointless.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Actually, no, few, if any of these laws have the "threat clause". If he is on your property for illegal purposes, you can shoot him. Your ability to use deadly force usually only extends to your own property(except, apparently, in Texas, for some reason) So long as he is on your property illegally, you may kill him. It doesn't matter if he's running away. Hiding the body, on the other hand, is not acceptable.
You also fail to realize that people in these self-defense situations do not have time to carefully weigh the moral obligations they are under while the crime is in progress. You/your property are being attacked. You may kill the intruder so long as the perp(s) stay(s) on your property. You have one second to choose whether to neutralize him or let him go.
Re: 911 Call Describes Killing Over Stolen Xbox 360
In my state, if a burgalar breaks in your house, you can shoot him, same for car jackers
Dont wanna get shot....dont steal shit
Louisiana
Re: 911 Call Describes Killing Over Stolen Xbox 360
I remember hearing about a guy in South Africa who put flamethrowers under the sides of his car (the Blaster) to teach carjackers a thing or two. It's completely legal there too.
岩「…Ace beats Jack」
Re: 911 Call Describes Killing Over Stolen Xbox 360
This is just my reply to all those who say it wasn't worth it over a $400 dollar piece of video game hardware. Four hundred dollars is over third of my pre tax paycheck, and a little less than half of my take home and I'm going to be married soon (later this month as a matter of fact). That is a sizable chunk of my hard earned money. $400 dollars dollars dosn't even cover my rent, and just covers my car payment. Four hundred dollars is A LOT of money. For me to save enought money to buy a four hundred dollar piece of equipment I would have to work and save for about four months with my current bills and obligations.
For those who say insurance should cover it. Well it should, but first you have to have insurance, second you have to prove you bought the thing. I'm willing to bet most of us here don't have the recipts or the credit card statments to prove that we bought the equipment. (Which would be the easiest way to prove you bought it, but what if you got it as a gift?)
Re: 911 Call Describes Killing Over Stolen Xbox 360
For homeowner's insurance, there's a deductible, and it's typically more than the 360 is worth by a good margin. Mine's $1000, and it'd cost me another $350 a year to drop it down to $500, which is STILL more than the 360 is worth. I'd nearly double my premiums to get it down to the point that I'd only get back $150. Not to mention that any claim means your rate will go up - depending on your plan, it's often not worth reporting anything less than a thousand dollars over the deductible.
Re: 911 Call Describes Killing Over Stolen Xbox 360
in the state of indiana, there literally is no self defense law. one of my co-workers has to go to court in a couple of days because he shot someone (non-lethally) that came running after him to try and kick his ass for whatever reason. his own lawyer told him that he should have just let the guy beat him up. -.-
as for the story: same as many others posted above; not enough info, and tampering with a crimescene, etc... simply put, he screwed himself over this time.
Re: 911 Call Describes Killing Over Stolen Xbox 360
The thing is, if this was over someone's car rather than a xbox, it wouldn't even be news except for "punk shot stealing man's car. attempted-theft victim receives award"
but because it's an xbox, he's another crazed gamer
Re: 911 Call Describes Killing Over Stolen Xbox 360
But that's the thing; it's not in the news because the thief was shot, or because he was stealing a game console (although "game console" is the only reason it's on this site). It's on the news because the homeowner shot the thief, then bent over backwards hiding it. Had the attempted theft and the shooting that resulted not been hidden, it'd be pretty routine.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Out where I live if someone illegally enters your home you're allowed to kill them. I'm not saying this was justified in this case though, considering it doesn't seem the guy had a weapon or tryed to attack him...maybe we'll get more details in a bit.
-If shit and bricks were candy and tits, we'd all be livin' large. For information on games and psychology, look up: Jonathan Freedman(2002)Block & Crain(2007)Grand Theft Childhood, by Harvard Medical School researchers Larry Kutner and Cheryl Olson
Re: 911 Call Describes Killing Over Stolen Xbox 360
Oh, and I forgot to say, him hiding the body fucks up pretty much any defense, regardless of wether lethal force was justified in his area.
-If shit and bricks were candy and tits, we'd all be livin' large. For information on games and psychology, look up: Jonathan Freedman(2002)Block & Crain(2007)Grand Theft Childhood, by Harvard Medical School researchers Larry Kutner and Cheryl Olson
Re: 911 Call Describes Killing Over Stolen Xbox 360
I hate to imagine what would happen if the body of a serial killer featued on America's Most Wanted was found hidden in someone's basement.
岩「…Ace beats Jack」
-
That would be kickass! In case there was a misunderstanding, I wasn't saying I dissaprove (or approve) of what he did, I simply was saying that legally, those actions fucked up any defense he might have had, even if the guy did turn out to be a serial killer. MAYBE if he turned out to be that guy that supposedly killed that marine. Maybe.
-If shit and bricks were candy and tits, we'd all be livin' large. For information on games and psychology, look up: Jonathan Freedman(2002)Block & Crain(2007)Grand Theft Childhood, by Harvard Medical School researchers Larry Kutner and Cheryl Olson
Re: -
there was no misunderstanding, I just like to come up with extremely unlikely scenarios from time to time
岩「…Ace beats Jack」
Re: 911 Call Describes Killing Over Stolen Xbox 360
I would have just chased the burglar and tackle him down, not too sure if the law would allow that either but I think its alot better than shooting someone for a 300 or 400 dollar Xbox 360.
To be perfectly honest, this really isn't self defense as the robber didn't attack the gunman(At least I think so from the article) and was in the process of running away, this is gonna be very troublesome for him since he was actually retarded enough to hide the body with a freaking eyewitness in his room.
Re: 911 Call Describes Killing Over Stolen Xbox 360
My 360 was stolen out of my apartment two weeks ago in Columbus, OH. Had I been home, I would have smacked the crap out of the burglar with my Master Replicas Luke Skywalker lightsaber.
Unfortunately, I wasn't home and now I have no 360 and didn't get to actually beat someone up with a lightsaber. Double ouch.
As for this guy, I'm pretty sure it is not OK in Ohio to defend property with lethal force. Would have been much better off immeadiately calling police instead of the cover up.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Here is how Jack Thompson will most likely reply.
The killer was clearly motivated by violent video games. Ban them all.
He is my response. He was motivated because somebody was trying to jack several hundred dollars worth of his property. If somebody broke into my house and took my mother's jewlery box and I had a gun I'd shoot the thief to. JT, it was not that it was a 360 that was being stolen but that it was expensive. If it cost $1 then fine, take it. But when someone tries to take things worth of $300 (depending on which version he had) you tend to defend your things. Sure he handled the aftermath wrong but the guy was scared of what would happen.
My only remaining question is: Does the xbox 360 still work?
Re: 911 Call Describes Killing Over Stolen Xbox 360
Perhaps I'm just a stickler for the rules, but I'd have shot even if the X-Box was only worth $1. It's the principle of the thing for me, not the worth. If he doesn't respect my right to property, the only property of mine he's allowed to have is few grams of lead.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Yep. Kinda like how fights start over car crashes, even if the damage is small. Also, people are very protective of items with sentimentle(sp?) value. But yeah, if someone tries to take something that valuable there is gonna be a fight of some sort. This time someone died.
-If shit and bricks were candy and tits, we'd all be livin' large. For information on games and psychology, look up: Jonathan Freedman(2002)Block & Crain(2007)Grand Theft Childhood, by Harvard Medical School researchers Larry Kutner and Cheryl Olson
Re: 911 Call Describes Killing Over Stolen Xbox 360
Frank's right. Hell, if someone tried to nick my stuff and I caught them I'd probably chuck something HEAVY at them. If they die, they die, and I'll go to jail for life if that's what I get for stopping a burglary. But I swear if Miami Jack starts his shit that I knew in advance that the burglar was coming and trained on some violent video game to kill them, there will be two funerals that day.
Where I'm concerned, especially, I prefer to have nice people around, b/c my normality has me as a rather nice guy, and I have played violent games in the past. I've played Halo, Doom, a bit of GTA, and if someone wanted to shoot up my school they'd have to take me out first. Yes, Jack, take that to court if you can!
@GRIZZAM PRIME
It's "sentimental" for future reference.
I AM A LOST SOUL, CONDEMNED TO HAUNT THE DREAMS OF JOHN BRUCE "JACK" THOMPSON UNTIL HIS CRUSADE AGAINST VIDEO GAMES ENDS. SOMEONE, PLEASE! END MY SUFFERING!
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I AM DOOMED TO HAUNT JACK THOMPSON'S DREAMS UNTIL HIS CRUSADE AGAINST VIDEO GAMES ENDS.
thanks
Thank you.
-If shit and bricks were candy and tits, we'd all be livin' large. For information on games and psychology, look up: Jonathan Freedman(2002)Block & Crain(2007)Grand Theft Childhood, by Harvard Medical School researchers Larry Kutner and Cheryl Olson
Re: 911 Call Describes Killing Over Stolen Xbox 360
Oh, but yes...to be clear, hiding the body afterward would be (at minimum) unlawful disposal of a corpse, and perhaps hindering a police investigation (and of course hints toward greater wrongdoing).
Re: 911 Call Describes Killing Over Stolen Xbox 360
It all depends on the state law. Some states do allow for versions of the "castle defense" in which an invasion of property (i.e. home) can be met with deadly force even if there is no immediate threat to the defender. Different states have different laws in this regards, and it also depends on the specifics of the case . Yes, in Texas, an elderly gentleman was just cleared of all wrongdoing in a case in which he shot two unarmed men who had run across his yard after stealing property from his *neighbor's* home. Texas law allows this so long as the neighbor requested the person to protect their property in their absence (at least that's as far as I understand Texas law...I'm not a lawyer, so perhaps a lawyer could correct me if I'm wrong).
But, let me guess....this case is mainly getting press because there's an XBOX involved. If the dude were stealing a stereo, we'd hear nary a peep about this case.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Shooting an intruder? Maybe.
Hiding the body? No.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Getting shot and killed while trying to steal an Xbox 360 certainly gives the phrase "Red Ring of Death" a new meaning.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Hiding the body was certainly the wrong move.
Re: 911 Call Describes Killing Over Stolen Xbox 360
That's why I keep a wootz Katana by my bed.
Re: 911 Call Describes Killing Over Stolen Xbox 360
In many cases, "Drop it or I'll shoot" is just as effective as actually shooting. If you do that, and the burglar reaches into his pocket or jacket, you can go right ahead and open fire in self defense. (Whether he has a gun or not)
But there's no reason to immediately kill someone for stealing something.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Yeah but like a few people have already posted on here the option to shoot is only alowed while the criminal is on your property. So while you are taking the moment to warn him he is taking the moment to get to safe ground.
Re: 911 Call Describes Killing Over Stolen Xbox 360
what is your problem with him getting away safley? unless you enjoy killing people the point is self defence, not saving you calling up the insurance company.
Re: 911 Call Describes Killing Over Stolen Xbox 360
So you are saying that killing in the protection of your property automatically makes you enjoy killing? The point of insurance is not to call it whenever the mood hits you, but when something completely unavoidable hits, kinda like a natural disaster. In this case, from the information given, the shooter was in the right, at least until he didn't call the cops et al.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Re: 911 Call Describes Killing Over Stolen Xbox 360
Well geesh, from what I understand, you'd choose to kill the guy rather than letting him live if it was possible. I can understand thieves are scum but man, they do not deserve death over petty thievery.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Exactly, in MANY cases, basic human tendencys show one is likely to go to the option most likely to work (for example, see the classic prisoner's dilemma)
Besides, it isn't a Nintendo Console, droping it would break it :)
Re: 911 Call Describes Killing Over Stolen Xbox 360
I find it bullshit that you can't even shoot someone who breaks into your house and steals your property without ending up getting charged. That's the justice system for you. It favors the criminals over the victims.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Yeah, and then:
1. Not call the police immediately after shooting the guy.
2. Try to throw away the gun in the dumpster out behind the house.
3. Attempt to hide the body in the basement.
4. After waiting around for nearly a day, confessing to your roommate and then telling your roommate to call the cops instead of turning yourself in.
So unfair!
/sarcasm
I'm not sure you read the article, or the linked news piece or watched the video.
The guy stealing the xbox was not charged because he's dead.
Look, I'm all for defending property (including deadly force in the right situation), but the guy did just about everything wrong after (supposedly) defending his property, and the only thing the shooter did right in this situation was to turn himself in to the police.
Re: 911 Call Describes Killing Over Stolen Xbox 360
See that's the thing, I have no issue with legitimate self-defense; guys breaking in you have to shoot him to protect your home and family fine, no issue. The problem is nothing about this case from the article or the 911 call seems like it was really self defense, it just seems like the shooter needed to come up with a fast excuse for why he shot the guy so he came up with the attempted theft.
If it turns out I'm wrong and the guy really was trying to steal his Xbox, fine I'll proclaim my incorrectness in the shout box. My problem is that this doesn't seem like self-defense, it seems like a guy trying to use self defense to murder someone.
Re: 911 Call Describes Killing Over Stolen Xbox 360
I live in Dayton, OH
Oh my...
Re: 911 Call Describes Killing Over Stolen Xbox 360
His mistake like it has been said is hiding the body or whatever
I would of simply called the cops and said someone broke into my house and got shot for it.
But yea, For all of the people that say "Its horrible to take a human life!" and what not over property, this could of all been avoided had the person who was stealing had chosen NOT TO BLOODY STEAL.
don't wanna get shot and killed, don't bloody steal.
Re: 911 Call Describes Killing Over Stolen Xbox 360
Amazingly no press release from JT on how GTA caused it all....oh wait it's the weekend. We'll see it on Monday...
Semper Fidelis Tim Shull Cpl Ret USMC
Re: 911 Call Describes Killing Over Stolen Xbox 360
feel kinda sorry for the thief his life had the equivalent worth of a 360 wat a lame way to go....and now im done feeling sorry.
Re: 911 Call Describes Killing Over Stolen Xbox 360
People have been killed for a lot less. One local story I still remember from about 10 or 15 years ago was a group of teens killing a pizza guy for the $40 he was carrying. That's it, no other motive than to commit a stupid petty robbery.