Dallas Man Shot After Domestic Disturbance

[Wildscar]

Wonder how many people are going to throw this encounter around saying that the Castle Doctrine was a bad thing.

Dallas Man Shot After Domestic Disturbance

http://cbs11tv.com/local/local_story_246091731.html

Robbie Owens
Reporting

(CBS 11 News) DALLAS A Dallas homeowner shot and killed what he thought was an intruder, but the victim turned out to be a neighbor.

The incident happened early Monday morning in the 9000 block of Santa Clara Drive in east Dallas.

According to police, the 30-year-old victim was involved in a domestic disturbance at his home prior to the shooting. He somehow ended up at a neighbor's house, kicking and banging violently on the door.

The homeowner inside did not know what was happening, and thought that the person outside was trying to break in and do harm. The homeowner fired through the door, only later discovering that it was a neighbor outside.

Police plan to interview both the homeowner and the other person involved in the domestic disturbance in hopes of getting a better idea of what exactly took place.

This shooting comes on the heels of a new law that went into effect on September 1, clarifying that a homeowner can use deadly force if he or shee feels that their life or property is in danger.

[phddan]

" The homeowner fired through the door,"

Geez.....

Dan

[SC1903A3]

I for one would not shoot thru a closed door, as the English would say it's "just bad form" . It will be interesting to see how the DA handles this incident

[Greybeard]

Sadly, a can of worms, a barrel of snakes ...

Quote: "It will be interesting to see how the DA handles this incident"

Yep, "presumption of a reasonable belief that deadly force was immediately necessary" might be important here. Although I suspect circumstances as described would result in no bill even under prior law.

[frankie_the_yankee]

Sadly, a can of worms, a barrel of snakes ...

Quote: "It will be interesting to see how the DA handles this incident"

Yep, "presumption of a reasonable belief that deadly force was immediately necessary" might be important here. Although I suspect circumstances as described would result in no bill even under prior law.

I hate to say it, but I would indict the guy. Just because someone is banging on my door doesn't mean I would have a reasonable belief that deadly force was IMMEDIATELY necessary.

There may be a "presumption", but that presumption can always be rebutted.

It's hard to envision a scenario where I would fire THROUGH a door when I didn't know who was on the other side.

Bad judgement.

[Greybeard]

Not that shootin' through doors is necessarily good judgment, but lots of Dallas folks (sitting on juries) seem to be getting pretty fed up with home invasions and "the morning murder report" on the tube.

We had another home invasion just a day or two ago in a gated community. Guy jumped fence, kicked the door in and got off with lady's purse while she was home alone with 2 small kids. If not for dog, things might have been much worse ...

Note the article says "homeowner". It's note clear whether that "homeowner" was a 50 year old male with training such as you and I've had or if it was a lil ole 80 year old lady. Or another Mom home alone with 2 young kids. I think a grand jury would have a hard time indicting, particularly if one of the latter. You too if females and/or kids were a part of the "totality of the circumstances"?

edited to add: In rereading, first sentence does say "he".

[Abraham]

I can't imagine shooting through a door.

Dumb.

[frankie_the_yankee]

I take it back. The guy will be no billed. Here's why.

PC §9.31. SELF-DEFENSE. (a) Except as provided in Subsection
(b), a person is justified in using force against another when and to the
degree the actor reasonably believes the force is immediately necessary
to protect the actor against the other's use or attempted use of
unlawful force. The actor's belief that the force was immediately
necessary as described by this subsection is presumed to be reasonable
if the actor:
(1) knew or had reason to believe that the person against whom
the force was used:
(A) unlawfully and with force entered, or was attempting to
enter unlawfully and with force, the actor's occupied habitation, vehicle,
or place of business or employment;

The guy banging on the door could be easily construed as "attempting to enter unlawfully and with force". This should meet the requirements for the presumption of reasonableness under the law.

I still wouldn't shoot through a door myself.

[TX Rancher]

I agree that shooting through a door is generally bad form, but that doesn’t make it illegal.

Before I pass judgment on the home owner, I personally would want more detailed information then what’s available in this article.

Was verbal warning given before the shots?

Did the guy banging on the door have a weapon?

Was it a solid door, or did it have glass in it such that the shooter could see his neighbor, and if so, what did he see?

What did the neighbor say? Could it be considered threatening?

No, I generally would not shoot through a door unless I had rounds incoming…but the operative word there is generally…

“According to police, the 30-year-old victim was involved in a domestic disturbance at his home prior to the shooting. He somehow ended up at a neighbor's house, kicking and banging violently on the door.�

There could be a back story here we’re not hearing about yet…

[Greybeard]

This may well be one too with regard to "civil immunity" down the road ...

[frankie_the_yankee]

“According to police, the 30-year-old victim was involved in a domestic disturbance at his home prior to the shooting. He somehow ended up at a neighbor's house, kicking and banging violently on the door.�

There could be a back story here we’re not hearing about yet…

It's the "kicking and banging violently on the door" part that makes me think the guy will get no billed. He wasn't just banging on the door. He was banging violently on the door. More than likely, that would satisfy the point of law that the intruder was "attempting to enter unlawfully and with force".

Civil immunity will also apply here.

[AFJailor]

Why would you EVER shoot at an un-identified target. This could of been a child or anything. Granted the whole story hasnt been presented, but this guy CLEARLY needs to get some use-of-force training. I dont know that people should HAVE to be trained in the guidlines on deadly force but i believe its your responsability as a gun owner to know your limitations for using that weapon under the law so that crap like this doesnt happen.

[govnor]

We used to have a pool customer in Dallas that was a lawyer. He lived in one of those huge old houses not far from Fair Park. So lots of scum walking around and trying to break in, etc. He shot through his front door on two different occasions. Both times someone was trying to break in and after telling them to get off of his property and warning them they would be shot, they continued to try to get in. One time he actually hit one of them. I don't think the crackhead died, unfortunately.

[KBCraig]

Wonder how many people are going to throw this encounter around saying that the Castle Doctrine was a bad thing.

Castle Doctrine (the name mis-applied to the new law) has no bearing whatsoever on a situation where you're in your own home.

Of course, that doesn't stop idiot reporters from trying to draw lines where none exist:

Dallas Man Shot After Domestic Disturbance

http://cbs11tv.com/local/local_story_246091731.html

Robbie Owens
Reporting

This shooting comes on the heels of a new law that went into effect on September 1, clarifying that a homeowner can use deadly force if he or she feels that their life or property is in danger.

[Liberty]

We used to have a pool customer in Dallas that was a lawyer. He lived in one of those huge old houses not far from Fair Park. So lots of scum walking around and trying to break in, etc. He shot through his front door on two different occasions. Both times someone was trying to break in and after telling them to get off of his property and warning them they would be shot, they continued to try to get in. One time he actually hit one of them. I don't think the crackhead died, unfortunately.

Good quality front doors are expensive