http://www.lubbockonline.com/stories/072202/nat_0722020036.shtml


ALBUQUERQUE � A woman overpowered and killed a convicted sex offender who had broken into her home and had tried to rape her, police said.

The woman, identified only as being in her early 30s, told police she was home alone and was asleep in her bed when she was awakened about 1:30 a.m. Saturday by a flashlight pointed toward her face and with a man straddling her, Albuquerque police Capt. Marie Saenz said.

The man, 51-year-old Michael Magirl of Albu quer que, was listed as a convicted sex offender on a state Department of Public Safety Web site. Magirl was convicted of criminal sexual penetration in March 1984 in Curry County.

Saenz said when the woman woke up, Magirl had a gun pointed at her chest. When she screamed and struggled, he threatened to kill her, Saenz said.

The victim, who did not know Magirl, decided to fight her attacker. She wrestled the handgun away from him and fired it three times, hitting him twice in the upper torso, Saenz said.

Magirl died at the scene. The woman suffered minor injuries.

Police called the death a justifiable homicide.

"In this case, the victim made the decision to struggle and fight back," Saenz said. "She made the decision that she was going to survive this incident."

Saenz said the woman was in good shape, but she said every case is different and police don't encourage victims to fight back.

"We encourage the victim to do what she feels is right in her circumstance," she said.

Poop's Commentary

Of course the female police capt. doesn't want people to defend themselves, its more paper if the criminal dies. It makes me sick for police to preach 'don't fight back'. If people don't fight back then why would a criminal fear raping, robbing and killing.

I hate the "Just give up and maybe they won't hurt you too badly." philosphy.

A female police captain counsels not fighting back, The question is what would she do in these circumstances? I would bet my last dollar that she also would fight back.

Margil was originally arrested here in clovis for rape and burglary in the 80's. The cop who arrested him is now the city manager. Margil was let out after serving under 1/2 his sentence. The city manager said at a press conference that he was glad someone finally killede the bastard.

I was robbed at an atm in cali about 5 years ago. I stabbed the guy in the thigh with a knife while he was behind me. He damn near bled to death. Even though he had robbed 4 other people that week, the cops called me stupid for fighting back. That made me want to beat their asses.

Then again there are plenty of cops that would have been happy if you killed the piece of shit.

I refuse to be a victim or crime or allow someone else to be victimized from this type of situation, legally although i have plenty of restraints put on me on what i can and can't do.

Did the attacker at the ATM have a weapon? How close was he to you?

He had a steak knife. He came up behind me and pushed the knife to my back. He had the knife in his right hand, I spun to the right pushing his hand to the left across his body and stuck my knife in his inner thigh and pulled across.

The authorities telling people to not fight back just makes it easier for thieves/rapists/murderers to do their job. Who's to say that the bad guy is just going to leave once he gets what he wants?

The irony is that I only had $60 in that account. Yet the dipshit almost died slow and painfully.

Good job rl.

Nox

It's a proven fact that if you fight back, then if the criminal does get away, he/she will think twice before commiting a repeat. Yet certain individuals do not wish this. for what reason I have yet to figure out. Think out it, Shooting an armed robber in your home has this effect:

1.how much does it cost to incarcerate someone for one year? Last I looked about $20,000 but now it could be more. Look at the money your saving taxpayers!

2. Today's prisons have better living conditions then some apartment complexes. Does someone commiting murder deserve this? HELL NO!

3.Another thing about today's prisons: Remember Blow when he learns the fine art of smuggling Cocaine? He learned it in prison. Chances are that when the criminal is released, not only is he NOT rehibilatated, he has learned much about crime to improve drastically.


Good job rl, Hopefully the perp has difficulty walking

too bad you didn't take eugenics into your hands you were just inches away.

That was MY $60. I think I was going to a strip club or something. Nobody is going to stop me from seeing naked chicks.

I think the reason cops say to not fight back is because of liability. If they encourage people to fight back and someone gets hurt, they could get sued. But if they say not to fight back and lots of people get hurt, it's not on them.

Im just saying you hit the guy in the upper thigh, a few inches up and to the side and you could have for all intents and pourposes spruced up the gene pool.

Yeah it's all about the liability factor. It's pretty funny what they will say on and off the record though.

I've been on dozens of ride-a-alongs with my friend who is the captain of the local patrol division for one of the PD's.

Policy is i'm not allowed to bring my firearm on the ride (despite having valid carry license). But off the record I paraphrase "if it's concieled then how would I know about it"?

Policy is that if the officer is attacked, shot, killed, run over, etc. You're supposed to use the radio to call for help and stay within the vehicle. But off the record I paraphrase "here is the release button for the 870 and here is my bag when you can find the M4","If I die in the line of duty we'd be pretty upset that you didn't kill the piece of shit."