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"Homebuilder shoots suspected burglar in head

By: Sue Thackeray, Courier staff 01/19/2005

EAST COUNTY - A homebuilder, who police believe was tired of thieves targeting a home under construction, shot a suspected burglar in the head early Tuesday morning.

Investigators said homebuilder Ricky W. Otis, 47, of New Caney, spent the night at the home after having fallen victim to several overnight thefts of construction materials from the house in the Northcrest Ranch subdivision off Texas 242. He decided to spend the night Monday in an upstairs bedroom of the partially finished home.
About 6:20 a.m. Tuesday, the Montgomery County Sheriff's Department received a 9-1-1 call stating that there was a burglary in progress at the residence, located at 17234 Northcrest Circle, Sheriff's Department Sgt. Carey Mace said.
Otis told investigators he was awakened by the sound of a downstairs door being forced open. He called the Sheriff's Department before going downstairs to investigate, Sheriff's Department spokesman Lt. Dan Norris said.
When Otis went downstairs, he found two men loading building materials from inside the home into a van that had been backed into the driveway, according to the Sheriff's Department.
"They did have some property from inside the house in the back of the van," Mace said.
When confronted by Otis, one of the men reached into the vehicle, according to the Sheriff's Department.
"Not knowing whether the man was reaching for a weapon inside the vehicle, the homebuilder used deadly force," Norris said.
Otis fired a shotgun at the man at least once, striking him in the head and upper back.
The man, whose identity was not confirmed by investigators Tuesday afternoon, was airlifted from the scene by PHI Air Medical helicopter. He was listed in serious condition Tuesday at Memorial Hermann Hospital in Houston, according to Norris.
The other alleged burglar fled the area on foot but was located about 11 a.m. by a detective near Firetower Road and FM 1485. Investigators were questioning him Tuesday.
Detectives spent much of the morning sifting through evidence at the scene. The white 1991 Dodge van sat outside the house, its doors open and parking lights still on. The glass was broken out of the driver's-side window.
The van is registered to a Houston man, who could not be reached for comment Tuesday. The man also owns several other trucks and vans. Norris said investigators are looking into whether the owner of the vehicle may be a business owner himself.
Investigators questioned Otis at the scene and released him. Mace could not say whether charges would be filed against Otis.
"The case will be thoroughly investigated and presented to the grand jury," Mace said.
Norris said Otis owns the property where the shooting occurred.
"A property owner is entitled to protect their property," Norris said. "Obviously, law enforcement never solicits the use of deadly force."
The Texas Penal Code states that a person is justified in using deadly force to protect land or other property in a number of circumstances, including when the force is believed necessary to prevent to commission of a burglary or to prevent someone from fleeing immediately after committing a burglary.
The Sheriff's Department's crime analyst is looking into whether the two men allegedly burglarizing the house Tuesday morning are responsible for past burglaries at the location. Mace did not know how many burglaries had been reported at the house in the past.
Construction theft is a "continuing" problem in Montgomery County and is occurring just about anywhere there is new construction underway, Norris said.
"In most cases, it's individuals committing these crimes," Norris said. "We've made no cases on any companies."
Cumulatively, the value of property lost in construction material thefts reaches well into the hundreds of thousands of dollars, Norris said.
"That cost is then passed on to the consumer," Norris said.
Sue Thackeray can be reached at sthackeray@mail.hcnonline.net."