TX: Pair shot while breaking into vehicles

[Paladin]

A shooting initially reported Tuesday night near Turtle Creek turned out to be part of string of crimes that began in Dallas and ended in Highland Park, police say.

Shortly before 8 p.m., a man and woman were both shot while reportedly breaking into vehicles near U.S. Highway 75 in Dallas...

Armed citizen ends their crime spree

[RoyGBiv]

Paywall.

[Paladin]

No honor among thieves...wounded woman dumped in Highland Park

[RoyGBiv]

Gracias!

No mention yet about the shooter...

[OneGun]

Man is in custody now.

The man reportedly sped away from the scene in a truck but crashed into another vehicle a few blocks away at Preston Road and Beverly Drive.

Officers from Dallas, Highland Park, University Park and Southern Methodist University responded to the help and a perimeter was set up to search for the man, who ran away from the crash, Koppa said.

An off-duty officer working at Highland Park Village found the man shortly after in the 4200 block of Livingston Avenue, he said.

As I understand TX law, you can shoot a burglar if the crime is occuring at night, but not during the day. Right?

[Jusme]

Man is in custody now.

The man reportedly sped away from the scene in a truck but crashed into another vehicle a few blocks away at Preston Road and Beverly Drive.

Officers from Dallas, Highland Park, University Park and Southern Methodist University responded to the help and a perimeter was set up to search for the man, who ran away from the crash, Koppa said.

An off-duty officer working at Highland Park Village found the man shortly after in the 4200 block of Livingston Avenue, he said.

As I understand TX law, you can shoot a burglar if the crime is occuring at night, but not during the day. Right?

That may be why they haven't found the shooter, but there may be other extenuating circumstances, like he/she was not supposed to have a gun. It says, it occurred, at about 8 pm, but I don't know if that is considered nighttime or not since it is still light. Either way, perhaps, the experience will sway this pair of misfits to seek other employment. JMHO

[RoyGBiv]

Man is in custody now.

The man reportedly sped away from the scene in a truck but crashed into another vehicle a few blocks away at Preston Road and Beverly Drive.

Officers from Dallas, Highland Park, University Park and Southern Methodist University responded to the help and a perimeter was set up to search for the man, who ran away from the crash, Koppa said.

An off-duty officer working at Highland Park Village found the man shortly after in the 4200 block of Livingston Avenue, he said.

As I understand TX law, you can shoot a burglar if the crime is occuring at night, but not during the day. Right?

I am not a lawyer. This is my opinion, not legal advice.

My understanding regarding TX PC 9.42 is that "burglary" is always justification for use of deadly force.
"Theft" is justification only during the nighttime.

"Burglary" and "Theft" are not the same thing.

https://www.lawserver.com/law/state/tex ... _code_9-42
(emphasis mine)

A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

Burglary of a motor vehicle, TX PC
https://www.lawserver.com/law/state/tex ... code_30-04

Burglary, broadly. TX PC
https://statutes.capitol.texas.gov/Docs ... /PE.30.htm

Theft... see 31.03
https://statutes.capitol.texas.gov/Docs ... /PE.31.htm

[oljames3]

Man is in custody now.

The man reportedly sped away from the scene in a truck but crashed into another vehicle a few blocks away at Preston Road and Beverly Drive.

Officers from Dallas, Highland Park, University Park and Southern Methodist University responded to the help and a perimeter was set up to search for the man, who ran away from the crash, Koppa said.

An off-duty officer working at Highland Park Village found the man shortly after in the 4200 block of Livingston Avenue, he said.

As I understand TX law, you can shoot a burglar if the crime is occuring at night, but not during the day. Right?

That may be why they haven't found the shooter, but there may be other extenuating circumstances, like he/she was not supposed to have a gun. It says, it occurred, at about 8 pm, but I don't know if that is considered nighttime or not since it is still light. Either way, perhaps, the experience will sway this pair of misfits to seek other employment. JMHO

Texas Transportation Code defines "nighttime" in section 541.401
(5) "Nighttime" means the period beginning one-half hour after sunset and ending one-half hour before sunrise.
https://statutes.capitol.texas.gov/Docs ... ONCODE.pdf

[RoyGBiv]

Man is in custody now.

The man reportedly sped away from the scene in a truck but crashed into another vehicle a few blocks away at Preston Road and Beverly Drive.

Officers from Dallas, Highland Park, University Park and Southern Methodist University responded to the help and a perimeter was set up to search for the man, who ran away from the crash, Koppa said.

An off-duty officer working at Highland Park Village found the man shortly after in the 4200 block of Livingston Avenue, he said.

As I understand TX law, you can shoot a burglar if the crime is occuring at night, but not during the day. Right?

That may be why they haven't found the shooter, but there may be other extenuating circumstances, like he/she was not supposed to have a gun. It says, it occurred, at about 8 pm, but I don't know if that is considered nighttime or not since it is still light. Either way, perhaps, the experience will sway this pair of misfits to seek other employment. JMHO

Nighttime applies to "Theft".
I believe that B&E of a motor vehicle is "Burglary"
See my post above.

[flechero]

theft, burglary, time of day questions, issues... All I know is that Karma is applied 24 hours a day.

[Keith B]

Problem is burglary of a motor vehicle is only a misdemeanor and does not necessarily justify use of deadly force to stop it. May need some extenuating circumstances to get justification.

[Allons]

theft, burglary, time of day questions, issues... All I know is that Karma is applied 24 hours a day.

[bblhd672]

Wonder how high of a priority DPD has on locating the shooter? I’d assign it a 2 on a scale of 1-10, with 10 the highest priority.

[Jago668]

I just got word that the prosecutor has decided not to take the case to a grand jury. The two people did not get shot for burglary, they got shot for trying to run me over. I kept from commenting just in case. I still don't want to get into details for the same reason, but will say had they just driven off I would not have even pulled my pistol much less shot. DPD arrived, secured the scene (took forever as they decided which detective group was getting the case), went to the station with them, made a statement, retrieved my property, and went home. I have nothing but good to say for DPD, they were courteous and professional the entire time.

[Scott B.]

Glad to hear of the good outcome. If you ever want to post a detailed after action report, I'm sure we would all be very attentive.