Hawkins (E. TX): 78 y.o. man uses .410 shotgun on burglar

[surprise_i'm_armed]

10/21/09
Hawkins, Texas (North of Tyler, TX, where US 80 and Texas 14 cross. In Wood County, Texas.
Tyler, where the injured thief was taken, is in Smith County)

From KLTV of October 19, 2009
Homeowner's one shot lands would-be burglar in ER

It took one shot for an East Texas senior to put an end to a would-be robber's crime spree. The story began around 2am Monday morning at Southside Bank in Hawkins. The branch is located inside Brookshire's, right off Highway 14. That is where police say 19-year-old David McWhorter was spotted, first. We spoke to the homeowner whose one shot landed the alleged burglar in the ER.

"Just...put the gun up to the window, and he was standing there and I pulled the trigger," said the 78-year-old homeowner.

One shot through the window was all it took. Our homeowner didn't mind an on camera interview, but asked his name not be released. He suffers from a hip injury and was sitting in his chair when the suspect broke into his screened porch. He says it is not the first time he has been broken into. Every window is now nailed shut and a baggie full of ammo for his 4-10 single-shot shotgun is always nearby.

"Everything I worked hard for all my life...no one's just going to come in here and take it if I can help it," said the homeowner.

"If you can't retreat, you have every right in the world to protect yourself," said Hawkins Police Lieutenant A.J. Randell.

Randell says while police worked the call at Brookshire's, another call came in about the break-in about a block away. Police say the suspect was found across the street, inside his brother's car with a gun shot wound to the left shoulder.

"He came in, woke him up and said, 'I'd been shot! Take me to the hospital,'" said Randell.

"I'm sorry that it happened, but he shouldn't be trying to break in and trying to steal other people's property," said the 78-year-old. "Protect what's mine, you know?"

And, after 23 years of retired life, our homeowner doesn't plan on moving anytime soon.

SIA

[mgood]

Fantastic!
A single shot anything may not be the best home defense weapon, but you use what you've got. And it obviously worked.

"If you can't retreat, you have every right in the world to protect yourself," said Hawkins Police Lieutenant A.J. Randell.

Only problem I have with the story is that this statement could be interpreted as meaning that if you can retreat you don't have every right in the world to protect yourself. I know it doesn't say that. But it does make me wonder about this Lieutenant's or his department's feelings on RKBA.

[surprise_i'm_armed]

This happened in rural East Texas.

I believe that the LEO's in this area fully support a GG's right to blast a BG.

SIA

[mgood]

Yeah, I see that now. Just the wording that made me twitch. Probably nothing.

[seamusTX]

Here's a follow-up story with a lot more detail. The first story above doesn't make clear that the suspect is charged with two burglaries, one at a bank branch inside a grocery store, and the other at the home where he was shot.

The suspect was released from the hospital before police could get warrants for his arrest. He was arrested later.

http://www.tylerpaper.com/apps/pbcs.dll ... /910270344" onclick="window.open(this.href);return false;

A .410 shotgun is not guaranteed to put a world of hurt on a person.

- Jim

[mgood]

The first story above doesn't make clear that the suspect is charged with two burglaries, one at a bank branch inside a grocery store, and the other at the home where he was shot.

I was a bit confused about that. Didn't know what went on at the bank (at 2am??) Wasn't sure if this criminal mastermind had robbed or attempted to rob the bank or someone at the bank and then tried to break into a guy's house across the street from his brother's house, or if after he was shot he went to his brother's house which was across the street from the bank/grocery store.
Anyway, the first article wasn't real clear.

[seamusTX]

He has every right to be annoyed that a thug with a grudge against him was released from the hospital.

I can see the police side of the issue, too. It's not easy to get warrants for a suspect who is in the hospital in another county. The incident occurred at 10 p.m. Saturday. They may not have been able to find a sober judge quickly.

- Jim

[mred]

I may be mistaken but isn't a 410 slug about the same grain as a 95 gr. 380 round?

[Keith B]

I may be mistaken but isn't a 410 slug about the same grain as a 95 gr. 380 round?

They are about 95 grains, but close to .40 cal diameter. However, I didn't see where it said slugs; could have been bird shot. Could have missed it though.

[chabouk]

I don't know why they would have to wait on a warrant. When a burglar has been shot with a .410, and someone matching that description shows up at the hospital with a shotgun wound, I would think they have probable cause to arrest.

[seamusTX]

Probably they could. Code of Criminal Procedure Art. 14.03. AUTHORITY OF PEACE OFFICERS.

(a) Any peace officer may arrest, without warrant:

(1) persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;

(2) persons who the peace officer has probable cause to believe have committed an assault resulting in bodily injury to another person and the peace officer has probable cause to believe that there is danger of further bodily injury to that person;

However, such arrests suffer a chance of being thrown out in court.

Plus there are jurisdictional problems when the suspect has been transported to another county.

I dunno. IANAL and I didn't sleep at a Holiday Inn Express last night.

- Jim

[74novaman]

"If you can't retreat, you have every right in the world to protect yourself," said Hawkins Police Lieutenant A.J. Randell.

Only problem I have with the story is that this statement could be interpreted as meaning that if you can retreat you don't have every right in the world to protect yourself. I know it doesn't say that. But it does make me wonder about this Lieutenant's or his department's feelings on RKBA.

Ditto. Poor phrasing.

There is no IF. You ALWAYS have the right to protect yourself. No matter what anyone else says about it.