# Cheating Wife Sends Fake Burgler to Scare Husband, Who Cuts Burgler's Throat **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [January 14, 2013, 4:48am UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134 "2013-01-14T04:48:16Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![septimus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/septimus/32/410_2.png) [@septimus](https://boards.straightdope.com/u/septimus)\ **Post date:** [January 14, 2013, 2:17pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/21 "2013-01-14T14:17:53Z")
It sounded like the apartment, or its tenancy right, was joint property. In that case the fake burglars, staging a play at joint tenant’s request, may not have been committing a crime. In Florida, could the fake burglar carry a real gun and “stand his ground” against the knife? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [January 14, 2013, 2:19pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/22 "2013-01-14T14:19:16Z")
> [@Morgenstern](#): > > NRA will insist all buglers carry assault rifles now. Is there an attachment for this? Does the bugle go attop the rifle, or does it clip underneath? ---
**Author:** ![panache45](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/panache45/32/64_2.png) [@panache45](https://boards.straightdope.com/u/panache45)\ **Post date:** [January 14, 2013, 2:24pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/23 "2013-01-14T14:24:21Z")
I hope her new boyfriend isn’t stupid enough to stick around. ---
**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\ **Post date:** [January 14, 2013, 2:35pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/24 "2013-01-14T14:35:57Z")
> [@panache45](#): > > I hope her new boyfriend isn’t stupid enough to stick around. > [@](#): > > Taijeron; her new boyfriend, Matt Parker, 22; his brother Charles Parker, 21; and Jimmy Salgado, 21, were booked on suspicion of murder. They are being held at Contra Costa County Jail in Martinez in lieu of $1 million bail apiece. Looks like the choice has been made for him. But then, if he wasn’t stupid he wouldn’t have gone along with such a plan in the first place. ---
**Author:** ![Hypno-Toad](https://avatars.discourse-cdn.com/v4/letter/h/b2d939/32.png) [@Hypno-Toad](https://boards.straightdope.com/u/Hypno-Toad)\ **Post date:** [January 14, 2013, 2:42pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/25 "2013-01-14T14:42:00Z")
Yeah, he’s already demonstrated that he’s not the most cautious thinker. ---
**Author:** ![Annie-Xmas](https://avatars.discourse-cdn.com/v4/letter/a/ecc23a/32.png) [@Annie-Xmas](https://boards.straightdope.com/u/Annie-Xmas)\ **Post date:** [January 14, 2013, 3:19pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/26 "2013-01-14T15:19:02Z")
So was the husband scared? ---
**Author:** ![Debaser](https://avatars.discourse-cdn.com/v4/letter/d/3da27b/32.png) [@Debaser](https://boards.straightdope.com/u/Debaser)\ **Post date:** [January 14, 2013, 3:26pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/27 "2013-01-14T15:26:26Z")
> [@Senegoid](#): > > Somehow it seems wrong to charge someone with murder, who didn’t, you know, actually commit the murder. This is common. A friend of mine threw a party in an abandoned barn. There was a campfire which got out of control and burned down the building. Firefighters let it burn down rather than fight the blaze. The next morning a Fire Dept person was inspecting the site and fell and sprained his ankle. My friend who threw the party was charged criminally for the injury and had to pay medical bills and restitution. I forget the exact charge, but he was in and out of court for a while and basically every cent he earned from his part time job went towards legal bills and fines for a long time. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [January 14, 2013, 3:34pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/28 "2013-01-14T15:34:20Z")
> [@Hypno-Toad](#): > > Depending on circumstances, it seems like an accomplice would be charged with Manslaughter or 2nd degree murder rather than 1st degree. Unless, of course, it was a case of premeditated murder that all were party to. I could see this as a case for plea bargaining. The underlying crime was premeditated. The death does not have to be. That is the whole point of the felony murder doctrine. All crimes are cases for plea bargaining. Prosecutors always prefer to take it out if the hand of juries. ---
**Author:** ![Happy\_Lendervedder](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_lendervedder/32/8488_2.png) [@Happy\_Lendervedder](https://boards.straightdope.com/u/Happy_Lendervedder)\ **Post date:** [January 14, 2013, 3:39pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/29 "2013-01-14T15:39:19Z")
I think I saw something similar on the Punk’d season four outtakes, but with a lot more dead bodies. ---
**Author:** ![msmith537](https://avatars.discourse-cdn.com/v4/letter/m/d9b06d/32.png) [@msmith537](https://boards.straightdope.com/u/msmith537)\ **Post date:** [January 14, 2013, 3:50pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/30 "2013-01-14T15:50:18Z")
> [@septimus](#): > > In Florida, could the fake burglar carry a real gun and “stand his ground” against the knife? No. This seems to be a common misconception. Stand your ground only means you are not required to exhaust every possible alternative to avoid using deadly force in the prevention of a crime. i.e shooting an intruder even if you are able to flee out the back door. It is NOT a license to hold three-way Tarrantinoeque Mexican standoffs. For example, if a mugger pulls out a gun and you pull out a knife, SYG does not immediately go into effect for the mugger or for a nearby bystander who is worried the weapons might be pointed at him. ---
**Author:** ![msmith537](https://avatars.discourse-cdn.com/v4/letter/m/d9b06d/32.png) [@msmith537](https://boards.straightdope.com/u/msmith537)\ **Post date:** [January 14, 2013, 4:03pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/31 "2013-01-14T16:03:45Z")
> [@Senegoid](#): > > Is there a debate to be had here, over what crime they should be charged with? Somehow it seems wrong to charge someone with murder, who didn’t, you know, actually commit the murder. But they ought to be charged with _something nasty._ Should there be a special crime for that (perhaps just a bit less serious than murder)? There is. It’s called “felony murder”. It means you can be charged with murder in the case of committing a inherently dangerous felony, or one committed in an obviously dangerous manner. In this case, those felonies could include: Breaking and entering Simple assault Assault with a dangerous weapon (doesn’t matter that the gun was fake) Conspiracy Criminal threatening Extortion They might be able to plea down to a lesser manslaughter charge. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [January 14, 2013, 4:10pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/32 "2013-01-14T16:10:31Z")
> [@septimus](#): > > It sounded like the apartment, or its tenancy right, was joint property. In that case the fake burglars, staging a play at joint tenant’s request, may not have been committing a crime. > > In Florida, could the fake burglar carry a real gun and “stand his ground” against the knife? > [@msmith537](#): > > This seems to be a common misconception. Stand your ground only means you are not required to exhaust every possible alternative to avoid using deadly force in the prevention of a crime. i.e shooting an intruder even if you are able to flee out the back door. Stand your ground laws only apply to your home or places you are legally entitled to be. You can’t break into someone’s house, shoot him, and say ‘I felt threatened’ as a defense. I understand you are saying the wife still had the right to access the house, but I’m thinking that guys staging a burglary on behalf of someone else can’t assert they had a legal right to be there. ---
**Author:** ![Banquet\_Bear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/banquet_bear/32/373_2.png) [@Banquet\_Bear](https://boards.straightdope.com/u/Banquet_Bear)\ **Post date:** [January 14, 2013, 6:35pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/33 "2013-01-14T18:35:07Z")
> [@friedo](#): > > Incorrect how? 46 states have codified felony murder rules. If there’s been a significant controversy about it since Edwin v. Florida (which was something like 30 years ago) I haven’t heard of it. But I am certainly not an expert in these matters. > ETA: That’s [Enmund v. Florida](http://en.wikipedia.org/wiki/Enmund_v._Florida) (1982). …I don’t live in the United States. Neither does the rest of the world. Any attempt to introduce the Felony Murder rule in places where it didn’t exist would indeed be controversial. The fact that 46 states have codified felony murder is irrelevant. ---
**Author:** ![Blackberry](https://avatars.discourse-cdn.com/v4/letter/b/ecd19e/32.png) [@Blackberry](https://boards.straightdope.com/u/Blackberry)\ **Post date:** [January 14, 2013, 7:01pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/34 "2013-01-14T19:01:36Z")
> [@Zebra](#): > > Never bring a fake gun to a knife fight. > [@OldGuy](#): > > And this is exactly why all fake burglars need to have real guns. > > No wait a second. These both had me LingOL. > [@panache45](#): > > I hope her new boyfriend isn’t stupid enough to stick around. Oh, he is. Man, if I’d seen this story on Law & Order, I’d think it was as ridiculous and far-fetched as any of their other stories. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [January 14, 2013, 7:41pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/35 "2013-01-14T19:41:10Z")
> [@Banquet\_Bear](#): > > …I don’t live in the United States. Neither does the rest of the world. Any attempt to introduce the Felony Murder rule in places where it didn’t exist would indeed be controversial. The fact that 46 states have codified felony murder is irrelevant. :rolleyes: Forgive the hell out of me for discussing a largely settled area of American law in the context of a crime committed in the United States. ---
**Author:** ![3\_20\_59\_or\_bust](https://avatars.discourse-cdn.com/v4/letter/3/47e85d/32.png) [@3\_20\_59\_or\_bust](https://boards.straightdope.com/u/3_20_59_or_bust)\ **Post date:** [January 14, 2013, 7:52pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/36 "2013-01-14T19:52:14Z")
> [@Banquet\_Bear](#): > > …I don’t live in the United States. Neither does the rest of the world. Any attempt to introduce the Felony Murder rule in places where it didn’t exist would indeed be controversial. The fact that 46 states have codified felony murder is irrelevant. Well, except for the fact that the actual crime happened in the US…so yeah, people might talk about US laws. ---
**Author:** ![Banquet\_Bear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/banquet_bear/32/373_2.png) [@Banquet\_Bear](https://boards.straightdope.com/u/Banquet_Bear)\ **Post date:** [January 14, 2013, 8:02pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/37 "2013-01-14T20:02:21Z")
> [@friedo](#): > > :rolleyes: Forgive the hell out of me for discussing a largely settled area of American law in the context of a crime committed in the United States. …not wanting to hijack the thread any further: but you made the statement “The felony murder doctrine is not particularly controversial.” Well it is. Even in the United States where it is codified in 46 States people think its a stupid idea. Even in this very thread people think that charging people for murder when they didn’t actually commit the murder is hard to understand. To claim that the felony murder doctrine is not particularly controversial is incorrect. [QUOTE=3:20:59 or bust] Well, except for the fact that the actual crime happened in the US…so yeah, people might talk about US laws. [/QUOTE] Friedo simply stated that felony murder doctrine is not particularly controversial. I simply pointed out that he was incorrect. The location of the crime is irrelevant to his statement. ---
**Author:** ![lieu](https://avatars.discourse-cdn.com/v4/letter/l/c2a13f/32.png) [@lieu](https://boards.straightdope.com/u/lieu)\ **Post date:** [January 14, 2013, 8:07pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/38 "2013-01-14T20:07:14Z")
Don’t be a Haighter. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [January 14, 2013, 8:16pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/39 "2013-01-14T20:16:13Z")
> [@Banquet\_Bear](#): > > …I don’t live in the United States. Neither does the rest of the world. Any attempt to introduce the Felony Murder rule in places where it didn’t exist would indeed be controversial. The fact that 46 states have codified felony murder is irrelevant. According to the [Wikipedia article](http://en.wikipedia.org/wiki/Felony_murder_rule), the rule used to exist in Canada, Ireland and the U.K. It was abolished in Canada as being unconstitutional, and in Ireland and the U.K. in 1964 by legislation. I think it still exists where I live: according to Section 18 (1) (a) of the New South Wales Crimes Act: > [@](#): > > Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or **during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years**. (bolding mine) So it does not seem to be limited to states of the U.S. ---
**Author:** ![Banquet\_Bear](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/banquet_bear/32/373_2.png) [@Banquet\_Bear](https://boards.straightdope.com/u/Banquet_Bear)\ **Post date:** [January 14, 2013, 8:18pm UTC](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134/40 "2013-01-14T20:18:08Z")
> [@Giles](#): > > So it does not seem to be limited to states of the U.S. …I never claimed it was. [Previous page](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134.md?page=1) [Next page](https://boards.straightdope.com/t/cheating-wife-sends-fake-burgler-to-scare-husband-who-cuts-burglers-throat/647134.md?page=3)