Firearms theft...fowl play!

[11BSkunion]

What is the name of your state (only U.S. law)? Texas

New to the forum as i've never needed legal advice until now (25years old)

Im in the army, stationed at ft hood and the suspect is in my same company

I had 2 firearms(handgun and rifle) stolen out of my "friends" safe that lives off post.
Safe was NOT broken into nor was the house, no signs of forced entry anywhere. Well my unit had training out in the field for 2 weeks and i was out there the entire time, unit records show me on a flight roster and i have atleast my entire platoon as witness's. this "friend" of mine did not stay in the field the entire time and when i got back i wanted to go to the range with my guns, go over to his house and he says they stolen but dosnt know what happen to them all he keeps saying is "i dont know what happend to your stuff". So i report them stolen to the PD and im currently waiting for the first call from LEO. Mind you the only guns stolen where my 2, there were atleast 10 other guns(handguns,shotguns,rifles) that remain in the safe. All my ammo, range bag was still there. Where my guns where inside the safe he already put his own stuff. I reported them stolen on the 23rd of sept, the same day i found out. Police came and looked at the safe, saw all the other guns. Looked at me and said "what do you want to do? Press charges or file for an insurance claim" he had to leave to a violent gun related call before i had an answer. All my "friend" and his wife wants me to is file for a claim, because i could ruin there lives.
Both of us know the combo, and at one point in time i had the code to the garage where the safe sits. I have long fergotten the code but i still know the combo.

I know he did it because hes the only one that knows the combo and was home every day with in the time period it could have been stolen (8th-23rd), his cool and uncaring demeanor towards the whole thing is a clear sign of guilt.

What can i do legally to this guy? In the court of law ofcourse.

JAG advised me to file an Article 139 under UMCJ and that gives my Brigade commander authority to garnish his wages to pay for the price of my property if the commander finds him guilty. I know right and wrong and this guy broke the law big time!

On top of that, i had a package sent to his house(parts for my truck) and he says he never got it but USPS says it was delivered and I found contents of said package in his yard half way between his front door and his trash can.

Avice on what to do and look out for is appreciated. If somthing isnt clear I just ask. Thanks

 

[Ohiogal]

So you shot chickens or turkeys? Is this about dinner?

So file a report with his commander and pursue him that way. Also, don't trust him anymore.

 

[CdwJava]

What you KNOW and what the state could prove at trial are different matters. While the circumstances seem very damning towards your friend, they are not conclusive proof of criminal conduct.

I do not see why you could not do both: Seek criminal charges against the friend and pursue a civil action for the cost of the guns. The burden of proof is less in a civil court, so the circumstances might play into his responsibility for the security of your property in your safe.

As a caveat, there might be a reason not to pursue both. Texas may look as a civil claim somehow converting what would otherwise be criminal to a civil issue, so you might consider a phone call or consultation with an attorney before you pursue both.

 

[LdiJ]

I am sorry, but this is driving me a little crazy so I have to comment....

Foul play is what you wanted to say in your title OP.

Fowl = chickens, turkey, and other birds used for food.

 

[dave33]

I am sorry, but this is driving me a little crazy so I have to comment....

Foul play is what you wanted to say in your title OP.

Fowl = chickens, turkey, and other birds used for food.

Seriously... Thanks for clearing that up. That could have gotten the best of us.

 

[11BSkunion]

In Texas I believe the responsability does fall on him as it is his safe inside his residence. I believe by law he had to have a list of all the serial numbers of the firearms that reside inside the safe, which he did not.

I do not understand what you mean by "As a caveat, there might be a reason not to pursue both. Texas may look as a civil claim somehow converting what would otherwise be criminal to a civil issue" can you elaborate?

Ohiogal, I will file the Article 193 but JAG advised me to wait 7days to give the guy time to come to his senses and return everything he stole which I will comply with. But I fergot to ask JAG if I do the Article 193 and it goes through what does that do to the civilian side of the investigation/court? I've never been in a court room let alone know how everything works!

Thanks for the replies!

 

[11BSkunion]

I am sorry, but this is driving me a little crazy so I have to comment....

Foul play is what you wanted to say in your title OP.

Fowl = chickens, turkey, and other birds used for food.

oh HAHA...sorry I posted the OP on my iphone....damn you autocorrect!!!

 

[garrula lingua]

In Texas I believe the responsability does fall on him as it is his safe inside his residence. I believe by law he had to have a list of all the serial numbers of the firearms that reside inside the safe, which he did not.

I do not understand what you mean by "As a caveat, there might be a reason not to pursue both. Texas may look as a civil claim somehow converting what would otherwise be criminal to a civil issue" can you elaborate?

Ohiogal, I will file the Article 193 but JAG advised me to wait 7days to give the guy time to come to his senses and return everything he stole which I will comply with. But I fergot to ask JAG if I do the Article 193 and it goes through what does that do to the civilian side of the investigation/court? I've never been in a court room let alone know how everything works!

Thanks for the replies!

No. Your guns do not have to be registered in Texas; no I don't have to keep a list of the serial numbers of the guns in my safe (it's a good idea for insurance and restitution purposes, but it is not required. It makes it easier to ID a stolen gun, but I don 't, legally have to keep a list)

I don't understand why you would leave your guns with someone who was so untrustworthy. At Ft Hood, don't you have the ability to store the guns on base for a small fee ?