TexasCHLforum.com

Update: http://www.chron.com/disp/story.mpl/front/5384332.html

There was more going on than described in the original report, but I still believe Barone will be no-billed. At least two unusual things: Barone was awake and working in his home office when it came down, not sleeping as reported earlier, but he had to go to the garage to get his handgun out of his car. If the commotion in the back of his house hadn't alerted him in time to get his gun, he would never have been able to do so once the glass in the bedroom window shattered.

Second, Barone said, "I saw an upper torso coming through the window but it was covered by the curtains," Barone said. "I fired three shots." It may have been the only real option in that particular scenario; I can't say. But pulling the trigger before you can identify the target is always a dangerous proposition. In this case, it was a multiple-count felon, not Uncle Larry, after several too many, stumbling in the backyard and falling against the bedroom window.

The current article continues: "Barone said he ran out his front door and quickly checked around the outside of his house, then ran back inside. Back in the bedroom, Barone said he saw an arm still hanging inside the window and he fired another shot 'where I thought the head would be.'"

Not a good choice. No reason to go check the exterior of the house. From the sound of it, the shooting happened in the master bedroom, and Barone had his wife holding the child and infant in the master bath's tub (which part was probably a very good idea). But if he had fired three at someone coming through that window, and he was in prime position to guard the master bath and his family...stay there. Load a fresh mag; keep an eye on that threat in case he really isn't stopped; be alert for other threats that may be with the BG and wanting to join the party; call 911 if he hadn't already done so.

'Course, it's easy to second-guess from afar and long after the fact. Barone seems like a good citizen and family man, and if the shoot is judged as valid as it looks, I hope everything about this works out well for him and that he and his family can put this quickly behind them.

That is VenusPax & she is correct.

Someday, somewhere, in a police interrogation room or a courthouse, somebody's gonna say, "But, I didn't mean any harm to anybody! I was just there to try to get a nice glass of iced tea!"

From the Houston Chronicle (emphasis is mine): http://www.chron.com/disp/story.mpl/front/5378504.html

A southwest Harris County homeowner shot and killed a man he discovered climbing into a window of his house at about 2:15 a.m. today, investigators said.

Steven Dunbar, who apparently lived several blocks away, died in the window of the home in the 3400 block of Cascadia, Harris County sheriff's homicide Det. Rolf Nelson said.

The 33-year-old homeowner, Damon Barone, was asleep in the house with his wife, a son, 6, and an infant daughter when he heard a loud noise, Nelson said.

"The homeowner says he heard a loud noise, possibly a gunshot, that startled him out of bed," Nelson said. "As he got up, he said he heard another loud noise and he said the house was shaking."

Carrying a pistol, Barone was on his way to investigate the noises when he heard glass breaking in a bedroom.

"When he entered that bedroom, he said he saw a burglar coming through a broken window," Nelson said. "He shot several times and struck the burglar several times, killing him at the scene."

Deputies found a screen door on the back of the house torn from its metal frame, Nelson said.

"He's got a pretty extensive criminal record of felonies over the last 13 years," Nelson said of Dunbar, 44. "He has at least 12 arrests for felonies and a half-dozen convictions. We don't know if he was intent on some other crime or if it was a burglary for something he could turn into money."

The area around the shooting scene was taped off by deputies at about 3 a.m. and the homeowner was not available for comment.

The home is in the Forest View subdivision near the intersection of FM 1093 and Addicks-Clodine.

Nelson declined to say exactly how many times Dunbar was shot and where the bullets hit him.

The case is expected to be referred to a Harris County grand jury without charges, Nelson said....

Barone gets my Texas homeowner award for December 2007. From the newspaper's description, Barone--with a wife and young children to protect--did a stellar job of doing just that. It even sounds like he may be a pretty fair shot, too. Would be interesting to know if he has a CHL.