Guy stops and shoots burglars in Texas with shotgun
11-17-2007, 08:35 AM
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I wish JDN were here to give us his opinion on this one...
http://www.chron.com/disp/story.mpl/front/5303222.html
http://www.chron.com/disp/story.mpl/front/5303222.html
11-17-2007, 08:39 AM
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That's a crazy tape! He go's "the world has changed since September the 1st!" I guess that's close enough. This guy is calm and collective, but you know he's itching to just blow these guys away. Very interesting. I think he'll walk. I tell you what though...a 12 gauge shotgun blast from 15 feet away will do serious damage. That must have been one bloody scene.
11-17-2007, 08:52 AM
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It's also amazing how calm the 911 dispatcher remained throughout the calls. He really did a good job and gave good advice -- to bad Mr. Horn didn't listen... 
11-17-2007, 08:55 AM
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Damn they didn't stand a chance. But as Texas law states you can shoot a fleeing felon to protect life and property. I guess the most problematic issue is that he told 911 operator he was going to kill them, is it a form of premeditation? I could see that as a problem down the road but as far as Texas law is concerned he was within his right. Unfortunate for the burglars they should of choose another state.
11-17-2007, 09:01 AM
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I think, in this case, it boils down to the fact that this guy wasn't protecting his property, he was protecting someone else's. I don't know the gun laws in Texas (or any other state for that matter) but I think you can't shoot someone unless they're on your property. I also think that's why he kept stating that they came onto his property when he called 911 back after the shooting. He was trying to establish that what he did was legal.
As much as I like the fact that he "took action", I think he'd have been smarter to take some pictures of them and help the police catch them instead of killing them. I'm sure he "meant well" when he tried to stop them but clearly he had other issues going on in his head when he so quickly pulled the trigger...
As much as I like the fact that he "took action", I think he'd have been smarter to take some pictures of them and help the police catch them instead of killing them. I'm sure he "meant well" when he tried to stop them but clearly he had other issues going on in his head when he so quickly pulled the trigger...
11-17-2007, 09:02 AM
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Don't Mess with Texas!!
Actually, he might not be in the clear. The "Castle Doctrine" as it is called, allows a homeowner to use deadly force to protect himself and his property. This guy killed two burglars who were robbing his neighbor's house, so the law is gray in this case. Both of the deceased had prior convictions.
Actually, he might not be in the clear. The "Castle Doctrine" as it is called, allows a homeowner to use deadly force to protect himself and his property. This guy killed two burglars who were robbing his neighbor's house, so the law is gray in this case. Both of the deceased had prior convictions.
11-17-2007, 09:07 AM
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Don't Mess with Texas!!
Actually, he might not be in the clear. The "Castle Doctrine" as it is called, allows a homeowner to use deadly force to protect himself and his property. This guy killed two burglars who were robbing his neighbor's house, so the law is gray in this case. Both of the deceased had prior convictions.
Actually, he might not be in the clear. The "Castle Doctrine" as it is called, allows a homeowner to use deadly force to protect himself and his property. This guy killed two burglars who were robbing his neighbor's house, so the law is gray in this case. Both of the deceased had prior convictions.
Thanks for solidifying my assumptions -- since you're closer to the action down there, keep up posted on any developments!
(Man, JDN would be really enjoying this thread!
)
11-17-2007, 09:15 AM
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I read the article and according to Texas law the neighbors asked him to watch their property so he may be within his right. Here is a quote from the article.
"If the homeowner comes out and says, 'My neighbor had a greater right of possession than the people trying to break in,' that could put him (the gunman) in an ownership role," LaFon said.
The Texas Penal Code says a person can use force or deadly force to defend someone else's property if he reasonably believes he has a legal duty to do so or the property owner had requested his protection.
Lets see how this plays out it could be very interesting for the law.
"If the homeowner comes out and says, 'My neighbor had a greater right of possession than the people trying to break in,' that could put him (the gunman) in an ownership role," LaFon said.
The Texas Penal Code says a person can use force or deadly force to defend someone else's property if he reasonably believes he has a legal duty to do so or the property owner had requested his protection.
Lets see how this plays out it could be very interesting for the law.
11-17-2007, 09:27 AM
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Here is the latest from the Houston newspaper. http://www.chron.com/disp/story.mpl/front/5309288.html
Yes, Texas law states that you can use deadly force to protect your neighbor's property, if your neighbor asks you to do so. I had heard in one of the reports that he did not really know the neighbors who owned this house. The comments from the "experts" differ on this issue.
Other neighbors said this guy was a very likable guy.
In all the cases I have heard where a homeowner or business owner shoots an intruder there have been very few charged with a crime and no convictions.
Yes, Texas law states that you can use deadly force to protect your neighbor's property, if your neighbor asks you to do so. I had heard in one of the reports that he did not really know the neighbors who owned this house. The comments from the "experts" differ on this issue.
Other neighbors said this guy was a very likable guy.
In all the cases I have heard where a homeowner or business owner shoots an intruder there have been very few charged with a crime and no convictions.
11-17-2007, 09:43 AM
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Jeez I wish it was like this in the UK. Over here, if a burglar breaks in to your house and cuts themselves on a window that they smash on the way in, they can sue the home owner. If we were allowed to protect our own property without fear of ending up in prison (rather than burglar), there might be more of a deterrent for people to behave.