TX: Katy homeowner shoots intruder inside his home

[philip964]

https://abc13.com/5973224

On the radio they interviewed the homeowner.

It was better than the ABC TV story: “We exchanged gunfire, I heard him groan and then he fell down the stairs.”

Awesome shooting!

[oljames3]

From the report, it seems the homeowner did well. However, whether or not the homeowner will face charges could come down to which county DA as jurisdiction.

In any case, knowing the 5 elements of a solid self defense claim is essential. Attorney Andrew Branca has a good breakdown. https://lawofselfdefense.com/foundation ... fense-law/

[03Lightningrocks]

https://abc13.com/5973224

On the radio they interviewed the homeowner.

It was better than the ABC TV story: “We exchanged gunfire, I heard him groan and then he fell down the stairs.”

Awesome shooting!

I wonder what the chances are of the intruder filing a law suite on him.

[philip964]

What’s up with Katy!

[OneGun]

https://abc13.com/5973224

On the radio they interviewed the homeowner.

It was better than the ABC TV story: “We exchanged gunfire, I heard him groan and then he fell down the stairs.”

Awesome shooting!

I wonder what the chances are of the intruder filing a law suite on him.

Doesn't the homeowner have civil immunity if neither the DA or the grand jury indicts??

Even if the invader files, how does he explain kicking in the homeowner door?

[oljames3]

https://abc13.com/5973224

On the radio they interviewed the homeowner.

It was better than the ABC TV story: “We exchanged gunfire, I heard him groan and then he fell down the stairs.”

Awesome shooting!

I wonder what the chances are of the intruder filing a law suite on him.

Doesn't the homeowner have civil immunity if neither the DA or the grand jury indicts??

Even if the invader files, how does he explain kicking in the homeowner door?

You can be sued and will have to defend. Judge will probably dismiss, but you still will be out time and money. Also note the the immunity is for personal injury or death, not for property.

CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 83. USE OF FORCE OR DEADLY FORCE
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Added by Acts 1995, 74th Leg., ch. 235, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 4, eff. September 1, 2007.

https://statutes.capitol.texas.gov/Docs ... /CP.83.htm

[ELB]

Doesn't the homeowner have civil immunity if neither the DA or the grand jury indicts??

Earlier discussions on this brought out that the civil suit can be brought regardless of what the DA and the GJ do or don't do.

The homeowner's lawyer would have to bring up the civil immunity statute early on, and the judge would have to make a separate determination as to whether the homeowner's force was justified under Chapter 9. If the judge determines it was, then he must dismiss the lawsuit.

That said, I do not know of any case in Texas where a person actually defending himself or another was sued, even unsuccessfully. I have read the occasional threat to sue in a newspaper article, but none of them seemed to even file.

[Scott B.]

Even shady lawyers don't take cases that won't make money (unless it's a matter of justice or charity).

[JustSomeOldGuy]

You can be sued and will have to defend. Judge will probably dismiss, but you still will be out time and money. Also note the the immunity is for personal injury or death, not for property.

So if he breaks his antique Mickey Mouse watch falling down the stairs from my shooting him during his commission of felony aggravated assault and home invasion, he CAN sue me for his monetary loss?

[baseballguy2001]

https://abc13.com/5973224

On the radio they interviewed the homeowner.

It was better than the ABC TV story: “We exchanged gunfire, I heard him groan and then he fell down the stairs.”

Awesome shooting!

I don't live in the area, but my advice is for the home owner to keep his trap shut. The LAST thing to do is speak with the media.