Devonte Fields (courtesy sports.yahoo.com)

“TCU defensive end Devonte Fields was walking toward his off-campus house at 5:50 a.m. when he was jumped by three suspects, including one who used a semi-automatic pistol to strike Fields on top of his head,” espn.go.com reports. Hmmm. Shouldn’t the 2012 AP Big 12 defensive player of the year have been fast asleep at the time, instead of returning from God-knows-where at the crack of dawn? Here’s the play-by-play: “He was then pushed into his house, where he was . . .

beaten and robbed, before the 6-foot-4, 240-pound Fields was taken back outside and had his life threatened, according to the police report. Fields, 20, told police he then grabbed the arm of one of the suspects and five shots were fired, including one that went into a home across the street, where the bullet was later collected by police.

Five shots eh? That’s a lot of shots for a grabbed arm to fire. And now the salient facts . . .

Fields has declined to press charges . . . After initially consenting, Fields later told officers that he didn’t want them to search his home.

Putting two and two together, a clever man might begin to wonder if Mr. Fields was involved in some sort of criminal enterprise involving his attackers and/or their associates. Even so, courts have consistently ruled that criminals have the same right to armed self-defense as you or I – even if their gun rights have been removed or they’re packing heat in contravention of local carry laws. So . . .

Should this have been a defensive gun use? Sure. Only this one’s better marked “Should have had a clue.” Oh, and if you find yourself in a place where two of the three stupids are checked (place, people and/or activity), it’s time to leave. [h/t BH]

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51 COMMENTS

  3. I thought there were four stupids: Stupid people doing stupid things in stupid places at stupid times. (e.g., Hardly anything good happens at 3 AM.) Now, 5:50 AM is not a stupid time if you’re going to work. It might be if you’re coming from a stupid place.

    • To give him benefit of the doubt, he could be up and working out at 4am, heading home at 5:30 so he could get dressed, eat breakfast then head out to class by say 8:00am. Of course, once he declined to press charges stating he didn’t want police searching his house, all bets are off, but being up that early is not unusual at all for many people.

      • Further benefit of the doubt: I came home from a LOT of things at the ass crack of dawn during college. He may legally be an adult, but do you remember your early 20s? None of us were done partying then.

        • Yeah yeah, but you were presumably an actual college student.

          Fields doesn’t need to do any of these things.. working at night.. showing up for lectures at 8 or 9 am or even 2pm- so he has no excuse.

      • I have college-aged kids. They never “get up” at 5:30AM. They are much more likely to “get home” at 5:30AM.

    • C’mon gentlemen, he’s in college. If there is a time in one’s life that it is appropriate to still be up at 5:50 a.m. from the night before, it’s when one is in college. Good on him for not giving up his fourth amendment rights and consenting to a search.

      • An assumption made by a guy who doesn’t know the first thing about tier 1 college football (nor do I, for the record). What I do know is that these truly elite athletes is that they don’t get there just because they’ve got God given skills. Just as a high school State champ level swimmer hits the pool at 4:30AM, dedicated football players do the same in the weight rooms. You’re a bit quick to jump to conclusions, RF. I’m just saying… Criminal enterprise? Are you kidding me? This article reeks of subtly racist assumptions. That’s right, I said it! For the record, I abhor race-baiters and racists alike. Fire away, gents. RF, I would love to hear a response if you see this.

        • How can something “reek” subtly? Perchance in like manner as an article can be racist nonexistently?

      • I’m surprised he he had the option to refuse a search of at least some part of his residence. Once he admitted that he had been pushed inside by the alleged attackers, then forcibly removed by them from the residence, then the residence itself became a crime scene.

        Now, he can restrict any searches only to the immediate area of the crime scene (as you should do in any DGU, rather than give detectives carte blanche to roam about collecting evidence against you), but I wouldn’t think he could relating to the crime scene itself.

  4. I wouldn’t necessarily jump to the conclusion of “criminal enterprise,” but it wouldn’t surprise me in the slightest to hear that he didn’t want the cops in there because there was a bit of weed laying around. Even a little bit could cost him his scholarship and possibly a career.

    • @ Matt in FL

      Somewhere a ways back I posted a comment on the “No Bong and Bang for CO residents” (or similarly titled article … Pretty sure that’s close) regarding the danger to us gun owners if collection time ever rolls around via absurd drug prohibition laws.

      Because even in WA or CO, if the Feds decide to prosecute for the gram of chronic hidden in the ashtray found while double checking on your guns means no more firearms for you ever.

      Maybe there’s an article waiting to be written – and maybe not. Last I checked, you aren’t instantly in violation of Federal statues when you drink beer and clear your guns.

      Some additional food for thought for the voters here (I hope everyone!) when it comes to ending the Drug War.

      • ” ending the Drug War.”

        That’ll be one of my first actions as President, right after the executive order striking down all gun control laws in the country, since the right of the people to keep and bear arms shall not be infringed.
        .
        So, get rid of gun control laws, and druggies will leave you alone, because contrary to popular belief, they do, in fact, know what’s good for them.

    • This is what I thought too…

      And I’ve returned home in the past many times at about 5:30.

      Innocent till proven guilty, folks. I’m not going to assume this guy was dealing or anything just based on this story.

  6. Wait. Why wait for two “stupids” to converge before excusing yourself? Why isn’t only one enough?

    Maybe it went over my head.

  8. How old are you guys?
    You’ve never spent the night out late on a friend’s couch? Or in the company of a young lady?
    Then you wake early and hoof it back to your place to get ready for work or class. Just being out at 6 AM doesn’t mean you’re doing anything wrong.

    On not wanting police to search your place, I bet there are a hundred regular posters here who wouldn’t want the police searching their places either just out of principle. Doesn’t mean you’re doing anything wrong. And even if he did happen to have a bong hidden in the closet, so what?

    • +1 on this. Although, for a big time college football player, I’d imagine it’s the girl who walks home at 6am…

    • Agreed. Are we supposed to redicule him for not wanting his house searched? Why would they search HIS house if he was going to cooperate anyway? I bet if he was a regular white person it would have been a good dgu

      • Yes, the police want to search his house because he’s black, not because it’s THE SCENE OF THE CRIME.

        /sarcasm

    • Exactly what I came here to say. Doesn’t anyone care for morning PT anymore? And can someone tell me why it would be a requirement to let the police search your residence if you want to press charges against muggers, I’m genuinely curious.

      • You’re mischaracterizing it. He wasn’t mugged on the street. He was pushed into his house and beaten and robbed inside, so they’d want to look for evidence they could use in prosecuting the guys who perpetrated the assault.

    • Yeah, I don’t have a problem with the hour he was out. For at least 12 of the last 18 months I lived at home, I was spending the night at my girlfriend’s house and coming home at the crack of dawn to shower, shave, and leave for work.

    • No kidding. I pulled lots of all nighters in college, and I even studied some. I went to at least half if my classes – it was the best 5 years of my life!

      I still pull over-nighters at work, and I’ve gone on plenty of walks at 3 am.

      I say party on.

    • When I was in high school and college I returned home at a similar hour numerous times after all-night computer game or pencil-and-paper RPG sessions. I also wouldn’t ever let a cop into my home without a search warrant.

      However, I’m not a young black man, so I never had to worry about people assuming I must be a criminal.

      • And you were presumably, an actual student. So you not just weren’t a criminal, but didn’t fit the profile to a T.

        • When I was in high school I thought of myself more as an inmate than a student. But you’re right, I didn’t “fit the profile”–I’m white.

  9. OK its kind of a jump to assume he is a criminal. I’m up running at 530 and I’m done at 6, I’m six foot 5 and 250 pounds and dont think I could take three guys especially if one has a gun.
    A criminal fired randomly when his victim struck back? Seems the thing a type who’d take to being a bandit would do.
    And if the cops dont sound like they have a reason to search his home. First off If I was the victim of a crime I wouldn’t want the cops wasting their time searching my home I’d want them finding the attackers. Second out of principal no cop would search my home and go through my things without a warrant

    • Gonna have to agree. I find it just a tad unsettling that we’ll advocate keeping the police out of your car/home/life on one hand, but “…wonder if Mr. Fields was involved in some sort of criminal enterprise involving his attackers and/or their associates…” by “putting two and tow together” using his refusal to consent to search as one of the pillars to that hypothisis.

      A football player staying out late at night to party?
      Oh, that’s real news right there.

      Famous person gets jumped for cash money?
      Wow. I’m riveted to the page here.

      Knockin’ the guy for not allowing a search of his home when he’s the victim, then assuming all of the above implies criminal activity? Wha…? You could be right, but it’s also so full of fail it’s not even funny any more, Rob.

    • Size is a pretty good deterrent, I’ve found — but nothing is 100%. And as you imply, size doesn’t do much of anything for you if the other guy has a gun in play.

      Avoid stupid people in stupid places doing stupid things… I’m wondering if maybe this guy’s house was one of those stupid places. Kind of hard to avoid if that’s the case.

  12. Really…you guys want ex-felons to have guns and then you complain when someone is up late. What do you care if someone is up that late or what they are doing? You our current government?

  14. Here’s another theory on the reason he decided he didn’t want his house searched: perhaps he managed to liberate the firearm from the suspects, and stashed it inside when he called the fuzz. After consenting originally to the search, he realized that the presence of said gun could end up being used against him, and revoked consent.

  16. The reason the post is treating him suspiciously is probably the same reason I bet the cops ended up treating him suspiciously… the story doesn’t smell right. This is not how robberies go down.

    First the robbers find this guy outside his house getting ready to start his car. Instead of jacking his wheels or anything therein they assault him and then force him into his house where there could be other people, weapons, whatever: it’s an unknown setting. This is stupid but nobody ever said criminals were smart. Then he was beaten and robbed.

    Then they took him back OUTSIDE… for some reason… and continued what was presumably not a quiet conversation instead of doing what robbers do- taking stuff and running. Then you have this story about him grabbing the gun and it going off five times and shooting the neighbor’s house. The robbers flee and our victim ALSO left the scene.

    Yeah. Just got rolled and almost shot, rounds flying everywhere, don’t bother calling the police. Continue about your day, nothing to see here. Sorry, no sale.

    http://www.tcu360.com/campus/2014/01/19220.tcu-defensive-end-devonte-fields-attacked-and-robbed-campus-home

  17. In all fairness, many of the areas around TCU’s campus are especially shady crime-wise. It really doesn’t matter what time of the day it is. I lived in Fort Worth for a while, but I’m familiar with Hemphill and Como, which are on the east and west sides of campus respectively. Around there if you’re on foot, you’re going to be stopped by police all the time just to “talk.” As the local saying would go, if you’re white, they assume you’re a college student looking to buy drugs. If you’re black or Hispanic, they ask for IDs and check for warrants. Of course, at the time I didn’t know anything about probable cause, and most folks in those neighborhoods didn’t, either. Other parts of Fort Worth generally didn’t have this problem.

  18. “This is not how robberies go down.”
    So there is a manual that dictates the method? He wasn’t attacked by Seal Team Six. It was street thugz…not known for their strategic planning and quality Intel.

    • Talk to me after you’ve investigated or participated in a robbery. Until then you’re basically saying anybody’s story is possible. Alright, let’s all go home, OJ’s innocent!

      • “Alright, let’s all go home, OJ’s innocent!”

        Now you’re playing the ol’ race card. No one here should be surprised.

  19. Maybe he has a roommate that does weed. Lots of reasons to deny a search. Very few reasons if any to permit one.

  20. What’s with the early-morning hate? Lots of people are up and about that early for perfectly lawful things. Including student-atheletes.

    Don’t play the Anti’s game. It ain’t cool and the kool-aide is bad.

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