TexasCHLforum.com

http://www.nbc5i.com/news/5517747/detail.html

"Police: Dallas Homeowner Confronts, Shoots Alleged Burglar

POSTED: 10:42 am CST December 12, 2005
UPDATED: 10:52 am CST December 12, 2005

DALLAS -- Police say a Dallas homeowner took the law into his own hands when he shot an alleged burglar.

Investigators said the homeowner saw a man peering into his window on the 3700 block of Crown Shore Drive on Sunday afternoon.

The man told police he got a gun and went outside.

Investigators said the man reported seeing two men leaving his home carrying boxes. He followed them into the driveway and confronted them.

The man shot one of the men while the other fled, police said.

So far, no charges have been filed against the homeowner."

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Not many details yet.

Sounds like the homeowner is under investigation... although the criminals appeared carrying boxes away from a burglary.

Another civilian taking the law into their own hands against an "alleged" burgler story...Great...

Do I have to wonder anymore why Dallas is considered more liberal than Austin these days??? I had heard about that a while back this year...

No word if the alleged peeping tom/burglar died? I see bad things for this homeowner. He should have just called 911.

I must agree with the previous statements. My mindset is as follows...outside my house (posing no threat to me and mine), take it, I'll call the police, that's what insurance is for. INSIDE my house however, that can easily be a different story.

JLaw

If it was late afternoon (dark) § 9.42 http://www.capitol.state.tx.us/statutes ... 009.00.htm will protect the homeowner, otherwise we hope the thief made a threading move.

Wilson wrote:If it was late afternoon (dark) § 9.42 http://www.capitol.state.tx.us/statutes ... 009.00.htm will protect the homeowner, otherwise we hope the thief made a threading move.

There has been numerous case law over the years that makes §9.42 useless. From what I have been told is that no one can use deadly force to protect personal property. If you end up in a jury trial, with 12 of your peers, good luck having them let you off for killing a person for stealing your $300.00 car stereo. Case law has show that jurys generally side on the side of the shooting victim, citing that no amount of personal property is worth a life.

suXor wrote:

Wilson wrote:If it was late afternoon (dark) § 9.42 http://www.capitol.state.tx.us/statutes ... 009.00.htm will protect the homeowner, otherwise we hope the thief made a threading move.

There has been numerous case law over the years that makes §9.42 useless. From what I have been told is that no one can use deadly force to protect personal property. If you end up in a jury trial, with 12 of your peers, good luck having them let you off for killing a person for stealing your $300.00 car stereo. Case law has show that jurys generally side on the side of the shooting victim, citing that no amount of personal property is worth a life.

Maybe with a $300 stereo, but your statement that case law makes 9.42 useless is simply untrue. Several people have been shot legally under this statute.

http://recenter.tamu.edu/pdf/1057.pdf

Wilson wrote:If it was late afternoon (dark) § 9.42 http://www.capitol.state.tx.us/statutes ... 009.00.htm will protect the homeowner, otherwise we hope the thief made a threading move.

I think the incident happened during daytime, but read the law carefully, burglary has no night-time requirement.

suXor wrote:There has been numerous case law over the years that makes §9.42 useless. From what I have been told is that no one can use deadly force to protect personal property.

I believe you are mistaken. I know of no instance where a person has been tried much less convicted. Please give specific cases, so I may study them in light of §9.42.

While researching you will likely find the following case which I can’t recall the name of the shooter. In the mid to late 90s a Dallas resident stepped out on his front porch after dark and shot at three individuals loading his tires &wheels in their vehicle. One thief temporarily escaped but he shot two, killing one. The Dallas DAs office under public pressure by the minority community brought the remaining thieves, one now a paraplegic, from jail to testify before a grand jury. Both, still in their teens, testified they were unarmed and trying to escape with the stolen wheels & tires. An assistant DA them read the appropriate Texas Statues to the grand jury whereupon they promptly no billed the shooter.

Thanks in advance for your case references,
Wilson

I did not research this at all. This is what I get for listening to my CHL instructor. He esentially said that if you shoot someone for stealing your things, you will be incarserated. He was a 30+ year police veteran here in the DFW area. I suppose he was wrong (would not doub it). He mentioned cases that substatiated this statement, but I don't remember what.

As long as you have reference to previous cases where the property defender was justified, thn that is awesome!