Do you have a right to know his name?

[urnoodle]

I have a story I was told about 3-4 years ago. It is uncorroborated but it has started me thinking in light of all the recent self-defense shootings I have been reading.

A colleague of mine was telling a story about his brother (who I will refer to as Dave) who lives in Texas. An intruder broke into Dave's home late at night while he and his family were asleep. Dave shot and killed the intruder as he was opening his daughter's bedroom door. The daughter had left a few days before for college so thankfully the room was unoccupied.

The police arrived on the scene along with (who I believe was) the coroner. At which time the officers and coroner identified the intruder using the information found in his wallet. The officers refused to provide Dave and his wife the intruder's basic information, such as name, upon request. Dave and family did not find out who the intruder was until the information was released through the media. Apparently, the intruder was a known sex offender out on parole for his second offense.

Some may ask why Dave wanted to know, as I understand it he and his wife wanted to pray for the intruder and his family as well as research whether the justice system failed somewhere due to the unusual behavior of the intruder.

So long story long, what rights does the self-defense shooter have in being informed of the perpetrators personal information once he or she has been identified? Should they be informed at the scene?

[speedsix]

...that's a strange one...you'd think the officers would be asking the shooter if he knew the guy...and his natural question of "What's his name?" would have been answered then...if not then, after the police reports were written, but the media would likely be getting it at the same time...as to the rest of his personal info...they'd have no need of it then...and their lawyer would be able to get it if "Dave" were to be charged...

[urnoodle]

Dave was never charged. He did a formal interview that evening but other than that nothing else ever came from it. From what I recall his brother said he was asked basic questions on the scene like, do you, your wife or anyone home recognize him? Does your daughter have a boyfriend? Who would know other than yourselves who's bedroom this is? My colleague had the feeling the officers recognized this man before even looking at the information he had on his person.

[Ameer]

I think you'll find out his name if the DA charges you. If not, I don't see anything in the law that gives you a right to know his name but I don't see anything that says you're not allowed to find out either.

[Zylo_X]

...you'd think the officers would be asking the shooter if he knew the guy...and his natural question of "What's his name?" would have been answered then...

I'd concur with speedsix's scenario of the natural conversation, but I'll add that regardless if 'Dave' knew the BGs name, HE would. The prayers would certainly be delivered. While the situation was tragic, it could have been terribly worse, and I commend Dave's caring gesture.

[JP171]

I think you do have the right to be told of the defendants/decedents name as a crime victim, this facilitates civil court action as well as criminal for or against you. It also should have been on the police report and under the open records act you are allowed to obtain an unadulterated copy of that. I also think under the crime victims laws you are also allowed to get copies of any reports pertaining to you or your minor children. besides I would have checked his pockets before the cops showed up and tough if they don't like it

[Oldgringo]

....Some may ask why Dave wanted to know, as I understand it he and his wife wanted to pray for the intruder and his family as well as research whether the justice system failed somewhere due to the unusual behavior of the intruder....

I must be a really bad person.

[Bob Wolff]

If I remember my emergency management training correctly:
Only the coroner can release the name, after th next of kin have been notified.

Bob
Grand Poobah of all things Multigun at WHIDPA

[urnoodle]

If I remember my emergency management training correctly:
Only the coroner can release the name, after th next of kin have been notified.

That makes sense.
I never thought about how I would feel in the aftermath.

Although very tragic, Dave's actions not only saved the lives of his family but potentially others as well. The intruder was obviously a habitual sex offender and would not have stopped at Dave's house without help.

I still see the colleague from time to time so I think the next time I see him, I'll try to get more details.

[Oldgringo]

....Some may ask why Dave wanted to know, as I understand it he and his wife wanted to pray for the intruder and his family as well as research whether the justice system failed somewhere due to the unusual behavior of the intruder....

I must be a really bad person.

Praying for the soul of the person preying on me and my loved ones would come into play later...a whole lot later. Somebody please help, what's wrong with me?

[Seabear]

....Some may ask why Dave wanted to know, as I understand it he and his wife wanted to pray for the intruder and his family as well as research whether the justice system failed somewhere due to the unusual behavior of the intruder....

I must be a really bad person.

Praying for the soul of the person preying on me and my loved ones would come into play later...a whole lot later. Somebody please help, what's wrong with me?

I think we are fine. I would be praying for my family to get past this, and to feel comfortable in our own house again etc. long before I could even think of the needs of the other side. Guess I'm cruel too.

[urnoodle]

I feel as most of you do. I don't know if I was in Dave's situation that I would pray for the decedent at least not months or even years later. Afterall he was trying to harm me and my family. Anger comes to mind first and foremost.

If that makes me a bad person so be it.

[JCole]

Wouldn't whoever was being prayed to presumably know the intruder's name?

[RoyGBiv]

The police may have their reasons for not disclosing the details to you at the scene, but the details are available easily (in TX) via a public records request. Fill out the form, wait a few days, get information. Unless the records are sealed for some reason. An active investigation would be sufficient for the info to be withheld, but eventually the information will be available via a PRR.

[Dragonfighter]

If I remember my emergency management training correctly:
Only the coroner can release the name, after th next of kin have been notified.

Bob
Grand Poobah of all things Multigun at WHIDPA

That's to non-involved parties, I.E. the press and concerns making the identities public.