Man shot,killed while breaking into semi's cab

[inkasnana]

KNOX COUNTY, Tenn. (WVLT) - The Knox County Sheriff's Department is investigating after a man was shot to death in West Knox County as he apparently tried to break into the sleeper cab of a semi truck.

Authorities responded to a warehouse at 10720 Lexington Drive just before 2:30 Wednesday morning (March 11, 2009). When they arrived on scene, they found James Edward Hodges, Jr., 34, of Loudon, dead at the scene.

According to a Sheriff's Department spokesperson, the Hodges knocked on the cab of a semi truck, left, then returned and threw a rock through the window of the semi, waking the driver. He returned again and attempted to climb into the cab. Deputies say that is when police say the truck driver shot the man.

The truck driver was taken to Baptist Hospital West to be treated for chest pain.

The name of the truck driver has not been released at this time.

Deputies say a female relative was riding with Hodges at the time of the incident.

"Hodges has a lengthy criminal history dating back to 1992," a Knox County Sheriff's Office release states, "for burglary, numerous thefts, driving under the influence, drug charges, aggravated assault, numerous failures to appear, unlawful possession of a weapon, driving while privilege revoked, criminal trespassing, violation of probation, possession of burglary tools, and according to the arrest report, was also wanted in other counties for theft and other charges. "

No word yet on whether any charges will be filed.


Update: No charges for trucker who shot man trying to break into truck

No charges will be filed against the truck driver who fatally shot another man who was trying to break into his truck.

Knox County Sheriff's deputies say James Edward Hodges, Jr. of Loudon was killed after bashing in the truck's window with a rock and trying to climb inside. The driver had been asleep inside.

The sheriff's office confirmed Monday that the District Attorney General had decided not to file any charges against the truck driver.

 

[miker]

good for the driver, obviously the criminal had not gotten to stiff of penalties for the numerous crimes committed in the past, which is what led him to believe that he should just continue his career by helping himself to something that someone has worked very hard for and followed the rules to get where he/she has gotten in life. Sad to say but he finally got what he deserved after a lifetime of no respect for someone elses well being or personal property.

 

[layoutshooter]

Keep these career criminals in prison and we all would be safer. Bring back dungeons if we have to but keep them locked up. Layoutshooter

 

[buddy]

That brings up my question. Since I'm allowed by law to keep a loaded weapon in my house for protection, is it legal for me to have my loaded shot-gun in the sleeper since that will be our home as well?

It is a sad event that took place. I pray for the well being of the trucker especially the mental state.

 

[pjjjjj]

I was wondering the same thing.. altho I am glad the trucker is not being charged, and that the perp finally faced some meaningful consequences to his ongoing criminal activities, I had thought it was illegal to carry a gun in a CMV?

You know.. as much as it would be great for you Americans to be able to protect yourselves on the road by carrying a gun, from looking at some of the posts from certain posters on EO, such a privilege could end up in disaster. Seems there are some hotheads, prejudices, threatening behaviors, and just plain whackos amongst us.

 

[inkasnana]

Ok, I've done some research (I know, I do a lot of that!) and here is what I have found on the issue of carrying a gun in your truck.

This is from Landline Magazine.
Guns and Trucks, Do they mix?


“Can I carry a gun in my truck” is one of the most frequently asked questions we get. Here’s the truth: According to the U.S. Constitution, you have the right to bear arms and there’s no rule in the Federal Motor Carrier Safety Regulations (FMCSR) prohibiting you from carrying a gun in your truck. But, depending on what state you’re driving in, you may not be able to legally carry a gun in your tractor. Remember, simply having a concealed gun permit in your home state doesn’t exempt you from all other state laws.

For example, say you have a valid permit to carry a gun in your home state. As long as you’re in your home state, it’s perfectly legal to carry your gun. But, once you leave your home state, your gun permit usually isn’t valid anywhere else. To make matters worse, not all states allow you to be in possession of a handgun at all and many consider carrying a gun a felony. Being convicted of a felony while operating a commercial vehicle will suspend your CDL for 12 months. Also, don’t forget to check with your company/lease company to see if they have a weapons policy. Violating an internal company policy can cost you your job regardless of whether you’ve violated a state law or not.

James Mennella and Jeff McConnell are attorneys in the ROAD LAW legal firm and are regular contributors to Land Line Magazine. Members can call their office toll free and without obligation at 1-888-276-8000.

*************************************

I also found this information on someone's blog on another site.

Title 18 Setcion 926(a). The peacable journey law.

TITLE 18–CRIMES AND CRIMINAL PROCEDURE

PART I–CRIMES

CHAPTER 44–FIREARMS

Sec. 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a
firearm for any lawful purpose from any place where he may lawfully
possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in
the case of a vehicle without a compartment separate from the driver’s
compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.

************************************

I'm guessing it's a matter of individual states, counties, cities etc, individual laws.

 

[cheri1122]

It's ironic that the very reason truckers need to defend themselves, ie: being in many rough areas of many different cities & states, is the same reason we can't possess even a lawful weapon, eh?
This is one area where federal law ought to prevail, IMO. Because we cross state lines on a daily basis, we are denied our legal rights in many places, making us targets for the lowlifes.
I'm surprised the trucker wasn't charged with possession - maybe he was in his home state, and licensed to carry? More likely, he was lucky enough to kill someone the local law wasn't too unhappy to have out of their hair...

 

[pjjjjj]

Is it legal over there for a cab driver to carry a gun to protect himself?

 

[inkasnana]

Is it legal over there for a cab driver to carry a gun to protect himself?

The only thing I have been able to find on that subject in a short 10 min search, was this article from ctsportsmen.com

Lawyer wants gun charge tossed

A cab driver fatally shot a passenger who tried to rob him and he was charged with carrying a firearm without a permit, which is a felony in CT. A Superior Court judge dismissed the charge, and a Supreme Court judge overturned the dismissal.

 

[inkasnana]

I'm surprised the trucker wasn't charged with possession - maybe he was in his home state, and licensed to carry? More likely, he was lucky enough to kill someone the local law wasn't too unhappy to have out of their hair...

The 68 year old driver was from NC. I tend to agree with you that he rid the area of a big headache.

 

[aristotle]

Most Southerners tend to hold a favorable view toward self defense and swift justice. Was it just fate that brought this thug to an armed trucker? Or karma?

The sheriff and local prosecutor hold elective office. They know which way the wind is blowing.

 

[Turtle]

Southern Judge: Why did you kill that man?

Defendant: He needed killin'

Southern Judge: Case dismissed

 

[wellarmed]

NOW,We are talking about something that realy tugs my chain.Criminals take guns where ever they want, when ever they want, laws that differ from state to state put people traveling on vacation or for work in danger.A permit to carry a weapon should be federal not state.Put yourself in criminals shoes for a minute,you are about to rob a family or driver in a rest area or any other area,would you not think twice if you knew there was a very good chance that this person or persons may be legaly armed.The laws that are made to protect you actualy put you in more danger.The criminal does not play by rules thats what makes him a criminal,you do play by the rules that is what makes you a victom.Some people may be scared to handle a gun or have them around there children and that I understand could be an accident waiting to happen.People think a badge means you know how to handle a weapon,handling and firing are two different things.I've been at the range with police officers present and seen some that could not hit the side of a barn if they were closed inside.sorry for rambling on but as I said this realy tugs my chain and I take my hat off to Knox county.

 

[layoutshooter]

Cheri, the Federal government has NO legal authority to restrict the ability of a driver to carry a gun. All U.S. citizens have the RIGHT to do so under the 2nd Amendment of the Constitution. We have a RIGHT to defend ourselfs. Law abidding citizens carrying guns are not the problem, never have been, never will. Criminals will ALWAYS be around. The government is not capable of protecting every citizen every minute of everyday. It is my responsibility to defend my wife and myself on the road. How I chose to do that is my business and mine only. Layoutshooter

 

[Tennesseahawk]

You may not carry a "concealed weapon" in your truck. However, a shotgun and rifle are not concealed. If unloaded, and the ammo is kept separate from the weapon, states have no authority to stop you from carrying such with you in your vehicle.

That's what I heard from an "Ask the DOT" interview on Sirius Roaddog.

 

[cheri1122]

Cheri, the Federal government has NO legal authority to restrict the ability of a driver to carry a gun. All U.S. citizens have the RIGHT to do so under the 2nd Amendment of the Constitution. We have a RIGHT to defend ourselfs. Law abidding citizens carrying guns are not the problem, never have been, never will. Criminals will ALWAYS be around. The government is not capable of protecting every citizen every minute of everyday. It is my responsibility to defend my wife and myself on the road. How I chose to do that is my business and mine only. Layoutshooter

Now we're both confused, sigh. What I'd like is for the federal law that permits CCW (with proper training) to supersede the individual state laws that prevent it. The number of states we cross on a daily basis is what prevents drivers from carrying a weapon, no?
I have spent time on a handgun range, and would feel a lot safer if I (and a LOT of qualified drivers) were carrying a concealed weapon.
Like the split speed limits, the law makes us less safe, not more.

 

[Scuba]

Many states have laws on the books that cover you when you are out of your own state. Being an idiot i can't remember the term but my Arkansas ccl is valid in 28 other states. when i get my FL ccl it will be valid in all of the eastern states except for NH. A NH ccl is good for all of the esatern states except for FL you need to check with your states laws

 

[aristotle]

Reciprocity.

 

[wellarmed]

Many states have laws on the books that cover you when you are out of your own state. Being an idiot i can't remember the term but my Arkansas ccl is valid in 28 other states. when i get my FL ccl it will be valid in all of the eastern states except for NH. A NH ccl is good for all of the esatern states except for FL you need to check with your states laws

I'm not saying your wrong "BUT" you may want to recheck things. Florida is one of the more under standing states of defending your self against felons but the entire east coast is what you may recheck,mainly MD,NJ,NY there conceal and carry do not necessarily mean on your person but rather concealed in seperate compartments other than the passenger compartment of a vehicle.This raises a question that you may be able to answer for me,what exactly is the passenger compartment of a truck,my interperatation would be the area were you would seatbelt yourself into a seat or area accesible while being seatbelted in.Any input on this or other info on concealment would be greatly appreciated. PS.I know I'm not the best speller

 

[layoutshooter]

Oh, I see what you mean Cherii. No, there is no Federal Law that supperceeds the state laws. All the State laws are in violation of the U.S. Constitution that INSURES our Right to Keep and Bear Arms. We seem to have been talking about two different things. Layoutshooter