Irving homeowner shoots burglar

[Wildscar]

Irving homeowner shoots burglar 9:42 AM CT

http://www.dallasnews.com/sharedcontent ... a8300.html

09:44 AM CDT on Thursday, July 12, 2007
From Staff Reports

An Irving homeowner who shot a man stealing tools from his home will not face any criminal charges, police said Thursday.

The incident happened late Wednesday in the 200 block of Tucker Street, said Irving police spokesman David Tull.

The homeowner, who told police that he has had a spate of robberies at his home, confronted the man as he was exiting the backyard with an armful of tools, police said.

The homeowner ordered the man to drop the tools and he complied. But then the man started walking toward the homeowner. The man ignored repeated orders to stop, and the homeowner fired a shotgun, hitting the man at least once in the abdomen, police said.

The man, who was described as in his late teens or early 20s, was taken to Parkland Memorial Hospital, police said. His condition was unknown, but he was expected to survive. Police said they did not know the man's name because he was not cooperating. Criminal charges have not been filed.

The homeowner was not arrested, Mr. Tull said.

[phddan]

Good shoot.

Dan

[BrassMonkey]

Good... Anyone notice how more and more of these are showing up in the news lately? I think we texans are tired of this crap!!!

[hoss4570]

GOOD!!!!!!!!!!!!!! It's GOOD to know you can still protect your stuff. I had a lady ask me if the robbers life was worth the tools he would steal, I said YEAH!!!!!! The stuff he would steal, I don't care if it's just a cd out of my pickup or my cutting torch is MINE!!!!!! He ain't got no buisness messin around with my stuff!!!!!:fire

[Mage34]

Good job....I'm personaly tired of the criminal having more rights than the victims.

[Humanphibian]

Texas Penal Code 9.42 is pretty clear on "night time" offenses.

good shoot.

[The Marshal]

Yeah, but Channel 4 News this morning reported the incident like:

"An Irving Homeowner gunned down a man outside his home early this morning. The homeowner has not been formally charged by the police at this time. The Homeowner heard a noise and grabbed his shotgun, and found the man in his storage shed. He fired when the man started to attack him. The Shooting Victim was taken to a hospital and has had surgery. No charges have been filed against the victim."

I was so surprised.

While talking, they are showing the homeowner following a policeman. He must be guilty.

Also, they never mentioned that the Shooting Victim had an armload of stolen property....

~Bill

[LedJedi]

Texas Penal Code 9.42 is pretty clear on "night time" offenses.

good shoot.

so if the shooting was not in the night time, say it was 12 noon, you would not have been justified in upping the perp's lead count for him even though he's on your property and making off with an armful of your gear? I'm not sure if that's what you're saying or not. If you read the below I would think he would be justified in doing so no matter what the lighting conditions.

§ 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in
lawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
prevent or terminate the other's trespass on the land or unlawful
interference with the property.
(b) A person unlawfully dispossessed of land or tangible,
movable property by another is justified in using force against the
other when and to the degree the actor reasonably believes the force
is immediately necessary to reenter the land or recover the
property if the actor uses the force immediately or in fresh pursuit
after the dispossession and:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

In the guy was coming toward him after being told to stop, was trespassing and in the process of burglary/theft.

By the way I read the law (not a lawyer) he could have blown the guy away in broad daylight.

I do wonder if he would have been cleared if the guy hadn't stopped and turned around and it was daylight. I would >>THINK<< you're still justified in using deadly force, i'm not entirely sure.

[Humanphibian]

no not at all.....but if you read through the statutes, they seem to allow for some fairly strong defenses to nighttime activities.

That particular section titled "Deadly Force To Protect Property" even mentions Criminal Mischief during the nighttime. Isn't that something like "rolling" a house?? I'm sure there are numerous extenuating circumstances that must be considered before using deadly force to prevent the commission of Criminal Mischief in the Nighttime, but...... I dunno?????

[Humanphibian]

I was fixin to post the statue...but you beat me to it

[ScubaSigGuy]

Shooting victim?

Interesting terminology. Personally I would have gotten a good description if possible and called 911. Tools for a life is not much of a trade in my book. Especially since it was a detached shed being robbed. The homeowner while legally protected, and rightfully so, could have avoided putting himself in a situation where he had to pull the trigger. Tools, cars, etc... can be replaced and I am not willing to jeapardize my freedom for the protection of material objects. Now had the thief entered or attempted to enter his home that's a whole different story. I am sure that many will not agree and that's OK.

Although this is legally a justified shooting it's hard to say it's a good shoot. It's never good to have to take a life, regardless of the situation.
I've thought a lot about this lately since this seems to be happening more often.

Anyway just my opinion for what it's worth

[Xander]

Shooting victim?

Interesting terminology. Personally I would have gotten a good description if possible and called 911. Tools for a life is not much of a trade in my book. Especially since it was a detached shed being robbed. The homeowner while legally protected, and rightfully so, could have avoided putting himself in a situation where he had to pull the trigger. Tools, cars, etc... can be replaced and I am not willing to jeapardize my freedom for the protection of material objects. Now had the thief entered or attempted to enter his home that's a whole different story. I am sure that many will not agree and that's OK.

Although this is legally a justified shooting it's hard to say it's a good shoot. It's never good to have to take a life, regardless of the situation.
I've thought a lot about this lately since this seems to be happening more often.

Anyway just my opinion for what it's worth

[LedJedi]

Although this is legally a justified shooting it's hard to say it's a good shoot. It's never good to have to take a life, regardless of the situation.
I've thought a lot about this lately since this seems to be happening more often.

Anyway just my opinion for what it's worth

Hey Scuba. Trust me man, I completely respect your opinion on this and I honestly debated for a few minutes before responding. I have to say I disagree with you though. I know most folks here will agree with you, I just wanted those that don't to know that there are others like them.

I really honestly don't want to get into a moral debate on the issue (nor do i think it would be fruitful to do so), but my opinion is that the moment an individual decides to take from me and mine something that I consider substantial then they at that moment lose the right to suck my oxygen.

Now, I can't say I would personally shoot someone in head for making off with my garden hoe, but I just might put some lead in their buttocks. My intent may not be to kill then at that point, but I wouldn't lose sleep if they died from the wound. If you don't nip that stuff in the bud when it happens the next thing you know they're stealing your car and then breaking into your house to make off with your green eggs and ham and lord knows what else.

Perhaps we're not disagreeing completely, but I wouldn't hesitate to pull the trigger if legally justified in that situation.

Now if that same individual were to approach me needing something and he were to be upright and respectable about it, I just might give them the shirt off my back and make them a plate of said green eggs and ham, but to take it upon themselves to make off with it of their own accord, no sir, that will not stand.

That was a good shoot IMO, but i completely respect your O as well. :) To each their own.

Just my 5 cents accounting for inflation.

[RubenZ]

I would never shoot someone for jacking tools from me or jacking anything from my backyard.

Now how the story makes it seem, if the person in my yard Moved torwards me, and after me telling them I will shoot them if they continue to move forward and they do not stop. I will engage.


But I'd rather hold them at gunpoint, call the cops to come pick them up.

[PhilR.]

I had a lady ask me if the robbers life was worth the tools he would steal

Seems to me that the appropriate person to ask that question would be the robber, instead of you....

PhilR.