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http://www.ketknbc.com/news/local/7407371.html

"Shelby County shooting
By Mike McGee
An East Texas man is arrested for murder after police say he killed a man who was vandalizing his car.

The shooter says he thought he was exercising his rights under the law.

What a difference a day makes, at least under Texas law. Police say around noon on Sunday, Shelby County resident Buster Ford shot and killed a man at his home on Highway 96, just north of Center.

Ford says he did it because Reginald Fountain was hitting and kicking his car's windshield.

Ford says he thought he had a right to shoot Fountain under a Texas law. But what isn't commonly known is that according to section 9.42 of the penal code, deadly force can be used to protect property from criminal mischief only at night.

Lynda K. Russell, Shelby County district attorney, said, “The law presently does not allow a person to defend their property in the daytime with deadly force.�

Russell says if Ford's car been vandalized at night, he would be within his rights.

She said, “But right now the law as written that we have to follow, if somebody is outside destroying your car or, you know, whatever they're destroying in your yard, your property, you have to call the law and stay inside your home.�

Story Created: May 8, 2007 at 7:29 PM CDT

Story Updated: May 8, 2007 at 10:27 PM CDT