'Victim of Theft Arrested'

The potential for this to be a news headline may soon be a reality. 

Woodstock has not been immune to a nationwide crime trend of thefts from automobiles. Most recently more than a dozen vehicles were broken into and the contents stolen in one of our local subdivisions.

What is most surprising is that the term “broken into” is a bit misleading. There were no popped locks, no shattered glass and no pry marks on the door. Every vehicle that had items stolen from inside had been left unlocked by the owner.

Thieves use a method that is referred to as “flipping”. Individuals walk through a neighborhood and simply flip the door handle on a vehicle to check if it is unlocked. If the door is locked the thief moves on, if the door is open whatever is inside of value is now gone.

As would be expected, folks are missing laptop computers, iPods and loose change. Surprisingly thieves are now making off with credit and debit cards and personal checks. Most alarmingly are the guns. Individuals are leaving their hand guns in their unsecured vehicles and these are now in the hands of criminals.

Should an individual be held accountable for leaving their weapon in an unsecured vehicle? 

Here is what Georgia Law says:

Reckless Conduct-

Statute

Causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. O.C.G.A. 16-5-60(b).361

Criminal Negligence

Act of criminal negligence, not an intentional act. Lindsey v. State, 262 Ga. 665 (1993). Criminal negligence necessarily implies, not only knowledge of probable consequences which may result from the use of a given instrumentality, but also willful or wanton disregard of the probable effects of such instrumentality upon others likely to be affected thereby. Criminal negligence is something more than ordinary negligence. Criminal negligence is the reckless disregard of consequences, or a heedless indifference to the rights and safety of others, and a reasonable foresight that injury would probably result. Bohannon v. State, 230 Ga. App. 829 (1998).

Caselaw

For one to be held to have been indifferent to the safety of others or inconsiderate of their welfare, it must appear he knew, or an ordinarily prudent person under similar circumstances would have known, that his act might probably endanger others.

As the law reads, yes, an individual can be charged with Reckless Conduct for leaving his or her gun unsecured in the vehicle when said gun is then stolen.

Despite a countless number of news stories on television and in newspapers, email alerts and various other attempts to get folks in our community to simply lock their doors, this common sense safety measure is ignored.

Will the threat of going to jail be enough to motivate folks to lock their cars?

Probably not, after all we live in Woodstock, far removed from the big city.

I ask you to please lock your doors and secure all valuables...especially your guns.