TexasCHLforum.com

This one may be problematic for the homeowner. Burglary of an unoccupied motor vehicle is only a Class A misdemeanor unless the person has been convicted two or more times of the offence.

http://www.nbcdfw.com/news/local/Teen-S ... 32743.html

It happened Sunday around 3:00 a.m.

Police said no one will be charged in the shooting.

Since the crime was being committed at night the use of deadly force was justified according to state law.

http://www.texaschlforum.com/viewtopic.php?t=86610

tbrown wrote:

It happened Sunday around 3:00 a.m.

Police said no one will be charged in the shooting.

Police said no one will be charged in the shooting. But the case is being referred to the Tarrant County District Attorney's Office.

Burglary of an unoccupied motor vehicle is usually treated differently than actual theft or burglary of a habitation. For theft, there has to be intent shown that the reason they were breaking into the vehicle was to steal it or something in it. And burglary in the penal code is defined only for a habitation or building, not a vehicle (separate section). So, while nighttime does play into it, the guy was not necessarily committing one of the offense listed in penal code 9 for justification of use of deadly force.

So, will be interesting to see how the prosecutor handles this one.

I thought that was SOP for homicides but maybe things are different in Tarrant County.

tbrown wrote:I thought that was SOP for homicides but maybe things are different in Tarrant County.

It is, but again, the police may not charge him but let the prosecutor make the call to if there was actually a law broken. Again, it will depend on how the prosecutor looks at Penal Code 30 and 9 to determine if it met the statute and was justified.

Criminal mischief after dark!
Personally i'd have let him try to out run the dogs, but that's just me.

crazy2medic wrote:Criminal mischief after dark!

Possible. They would be damaging tangible property (vehicle) at night of the homeowner. http://codes.findlaw.com/tx/penal-code/ ... 28-03.html

Again, it's going to depend on the prosecutor. He may actually send it to a Grand Jury to let them decide.

"It's 3am. Do you know where your children are?"

Since this happened less than 4 miles from my home, I will be watching to see how Arlington DA Office handles this.

Lambda Force wrote:"It's 3am. Do you know where your children are?"

This!!

I read in the Ft. Worth Star Telegram, that a neighbor saw the commotion, and was concerned that it may have been her son.

While that is a terrifying thought, how could she not know where her teenage son was at 3 a.m.?

I'm sure there will be "community" outrage, and, while I mourn the death of anyone, at 17 he should have been taught, that stealing, or destroying other's property is a losing proposition. People have the right to protect what they work for, and if he hadn't learned that by 17, perhaps his passing will teach others who are no more knowledgeable. JMHO

Keith B wrote:

crazy2medic wrote:Criminal mischief after dark!

Possible. They would be damaging tangible property (vehicle) at night of the homeowner. http://codes.findlaw.com/tx/penal-code/ ... 28-03.html

Again, it's going to depend on the prosecutor. He may actually send it to a Grand Jury to let them decide.

Keith,
You know that any homicide justified by law or not has to go before a Grand Jury in Texas It has been black letter law for at least 40 years that I can remember. Probably much longer than that.

Isn't trespassing a crime anymore? You're on my property at night, uninvited and breaking into my car wouldn't be a good idea. Think I would have set off my security alarm and then showed him the dangerous end of my 12 gauge. Would depend on circumstances whether I would have shot him or not. Does anyone use rock salt loads anymore? I accidentally set off my alarm one without knowing it and walked across the street to talk to my neighbor. I watched a cop arrive about 3 minutes later. The second one arrived about 30 second after that. Sure glad I payed my false alarm payment to the city.

OldCurlyWolf wrote: Keith,
You know that any homicide justified by law or not has to go before a Grand Jury in Texas It has been black letter law for at least 40 years that I can remember. Probably much longer than that.

While it may be SOP, it's not law. See this discussion http://www.texaschlforum.com/viewtopic.php?t=55791

The Wall wrote:Isn't trespassing a crime anymore? You're on my property at night, uninvited and breaking into my car wouldn't be a good idea. Think I would have set off my security alarm and then showed him the dangerous end of my 12 gauge. Would depend on circumstances whether I would have shot him or not. Does anyone use rock salt loads anymore? I accidentally set off my alarm one without knowing it and walked across the street to talk to my neighbor. I watched a cop arrive about 3 minutes later. The second one arrived about 30 second after that. Sure glad I payed my false alarm payment to the city.

I think using rock salt in a shotgun is a myth. You would do as much by firing a starter gun. Check out some testing:

http://www.theboxotruth.com/the-box-o-t ... a-shotgun/

Also, it is heck on shotgun barrels, and if you need a defense load, you won't have it available. JMHO