Additional Charges Filed Based on Shots Fired

[ErnieP]

From today's Austin Statesman.com site:

"A 64-year-old Kingsland man, already charged with a state jail felony for shooting an alleged burglar of his neighbor’s home in July, was indicted Tuesday on one count of felony deadly conduct, officials said.

Tommy Oakes was originally charged in August with felony aggravated assault. The shooting victim, Casey Rowe, died in September at a Lubbock rehabilitation facility.

Oakes is accused of firing at a vehicle on July 30 after confronting several men he said were burglarizing his neighbor’s home. Rowe, who was in the vehicle, was later found at an emergency medical services station in Kingsland with a gunshot wound to the back of his neck, officials said.

Oakes’ attorney, Jim Wheat, has said that his client fired after he saw at least one of the men reach into the vehicle for what he thought was a weapon.

After Rowe died, a grand jury was presented with the option of charging Oakes with murder. Instead, the grand jury in January indicted Oakes on a charge of criminally negligent homicide, a state jail felony punishable with up to two years in jail, Wheat said.

The latest indictment relates to the number of shots fired that day, Llano County District Attorney Sam Oatman said. The original indictment focused specifically on the death of Rowe.

A second grand jury inidicted Oakes on the deadly conduct charges, punishable with up to 10 years in prison, Wheat said.

Oakes turned himself in to the Llano County sheriff’s office this morning and was released on his own recognizance, Wheat said."

[Fangs]

I think that you know your neighbor's being robbed, you should be allowed to shoot the theives as many times as you want.

[Pinkycatcher]

I think that you know your neighbor's being robbed, you should be allowed to shoot the theives as many times as you want.

§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

It does! I just don't want to be the guy who tests this law.

[LarryH]

I believe that's the same statute that led to Joe Horn's being no-billed in Harris County. You'd think Llano County would be more likely to no-bill after such an incident.

[Purplehood]

I am betting that it has something to do with the perps being in a car. Leaving the scene and perhaps creating a danger to others by "chasing" them with bullets?
I don't know.

[LarryH]

I am betting that it has something to do with the perps being in a car. Leaving the scene and perhaps creating a danger to others by "chasing" them with bullets?
I don't know.

Good point -- hadn't thought of that.

[Fangs]

I remember when this was posted and how I felt that they didn't leave it at, "Good shoot, let's go grab a milkshake."

From what I understand, he didn't hit anyone but the thieves. There were items missing from his neighbor's house, which should fall under "unlawful interference constitutes attempted or consummated theft," it doesn't say you can't shoot them while they're running. In fact, if it was his personal property he'd clearly be justified if he "reasonably believed there was no other way to reacquire his stolen property" (or something like that). I'd like the protection of a third party's property to be seen in that same light.

On top of it all, the guy's 64. He's fighting crime in defense of his fellow Americans and their stuff. He should be given an award, not jailed. I know it'd be an honor to have him as my neighbor.

Maybe I'm just upset because with every story like this I'm less and less likely to stick my neck out for anyone but me and my immediate family.

[Kawabuggy]

If someone has an address where I can mail a donation, I'd like to do it. Maybe he can put it towards his legal bill, or maybe his family can use it in his absence.

I'm serious. If anyone can tell me how to get a check to this person, please let me know.

[Purplehood]

I agree with your sentiments, and I am sure that a grand jury might also. But as Paul Harvey once said, "and now for the rest of the story".

[seamusTX]

If anyone can tell me how to get a check to this person, please let me know.

Here's his attorney's web site: http://www.jameswheat.com/" onclick="window.open(this.href);return false;

- Jim

[Kawabuggy]

Thanks Jim. I'm following up on it now.

[seamusTX]

You're welcome.

I'm reserving judgment on this case. We don't know anything other than what was published in newspaper accounts. I don't know anything about the DA, but that part of Texas does not seem like a place where burglars would get much sympathy.

- Jim

[03Lightningrocks]

snip.......... but that part of Texas does not seem like a place where burglars would get much sympathy.

- Jim

I dunno Jim. Austin is fairly liberal and the issue may be one of anti-gun sentiments more than burglar sympathy. Austin is fast becoming an enclave for ex Kalifornians and they just can't help but spread their special kind of liberalism everywhere they go.

[DEADEYE1964]

I went to Charles Cotton's seminar last week in Mesquite and one of the many things I took from it was make your rules now, do not wait until you are under stress to think about how you should or would react. I will not shoot at a BG for stealing a third parties property, it is not worth the legal risk for me. If someone's life is in danger, that is a different story. I know a lot of people feel differently about this but just like an earlier post said, he was within the law and look what happened to him. There is not enough value in material items for me to risk me going to jail or become financially ruined.Don't get me wrong, if someone enters my home,car or tries to do harm, I have no issues taking care of the situation.

[Bily Lovec]

You're welcome.

I'm reserving judgment on this case. We don't know anything other than what was published in newspaper accounts. I don't know anything about the DA, but that part of Texas does not seem like a place where burglars would get much sympathy.

- Jim

my thoughts.