austin homeowner shoots possible thief: charged with murder

[Big A]

The dude was fleeing, and he shot him in the back. IMO, castle doctrine has nothing to do with here. Trigger happy=prison.

[black50]

i dont see this going good for the homeowner...

I see the charge being reduced to manslaughter, but still some jail time,lots of probation and he will have all his guns taken away

[Sgt Beavis]

OK, so my understanding is that Texas actually has a "Stand Your Ground" law as opposed to a true Castle law. You are allowed a lot of leeway in defending yourself, property, and neighbors, but I haven't seen where you can shoot someone that is fleeing a possible crime scene when they are no threat to you...

I still want to hear more details but it isn't looking good for the homeowner..

[SMKR]

OK, so my understanding is that Texas actually has a "Stand Your Ground" law as opposed to a true Castle law. You are allowed a lot of leeway in defending yourself, property, and neighbors, but I haven't seen where you can shoot someone that is fleeing a possible crime scene when they are no threat to you...

I still want to hear more details but it isn't looking good for the homeowner..

the attorney on the radio Friday referenced that law, but I am having a hard time remembering it/looking it up. She represented the guy that in 2006 that left a bar one night on 6th street and walked to 5th street where he had parked his car. He was about 5 cars from his car, and saw a guy grabbing stuff out of his car (he had broken out the window) and he yelled stop! The guy took off and the owner of the car said freeze or ill shoot and he kept running and the car owner shot him in the back and killed him.

Long story short the attorney presented this specific statute that allowed the car owner/victim to shoot the thief as he fled and because of this he was acquitted of all charges. I will try and find the podcast from Friday for the exact details.

[Taylor]

the attorney on the radio Friday referenced that law, but I am having a hard time remembering it/looking it up. She represented the guy that in 2006 that left a bar one night on 6th street and walked to 5th street where he had parked his car. He was about 5 cars from his car, and saw a guy grabbing stuff out of his car (he had broken out the window) and he yelled stop! The guy took off and the owner of the car said freeze or ill shoot and he kept running and the car owner shot him in the back and killed him.

Long story short the attorney presented this specific statute that allowed the car owner/victim to shoot the thief as he fled and because of this he was acquitted of all charges. I will try and find the podcast from Friday for the exact details.

Dude with a gun in a bar. Fun times.

[SS Junk]

Long story short the attorney presented this specific statute that allowed the car owner/victim to shoot the thief as he fled and because of this he was acquitted of all charges. I will try and find the podcast from Friday for the exact details.

I remember some story back in the late 90's while in DFW of someone at a carwash, while getting change his car was stolen and the guy was driving by the owner shot and killed the thief and I'm pretty sure no charges were filed.

[SSMAN]

I see it as a fucked up situation on both sides. I don't care if your drunk or not. WTF business do you have being under someone's vehicle? All it boils down to is a Darwin situation. Don't do stupid shit, and you will not be shot.

Not that it said anything about him stealing anything, but my belief is all thieves need to be shot.

[HarrisonTX]

OK, so my understanding is that Texas actually has a "Stand Your Ground" law as opposed to a true Castle law. You are allowed a lot of leeway in defending yourself, property, and neighbors, but I haven't seen where you can shoot someone that is fleeing a possible crime scene when they are no threat to you...

I still want to hear more details but it isn't looking good for the homeowner..

the attorney on the radio Friday referenced that law, but I am having a hard time remembering it/looking it up. She represented the guy that in 2006 that left a bar one night on 6th street and walked to 5th street where he had parked his car. He was about 5 cars from his car, and saw a guy grabbing stuff out of his car (he had broken out the window) and he yelled stop! The guy took off and the owner of the car said freeze or ill shoot and he kept running and the car owner shot him in the back and killed him.

Long story short the attorney presented this specific statute that allowed the car owner/victim to shoot the thief as he fled and because of this he was acquitted of all charges. I will try and find the podcast from Friday for the exact details.

All this jibber jabber about what people "think" they know, or have heard.
I've scanned this thread, and I've only seen it mentioned one time.
Criminal mischief at night a defense to prosecution for use of deadly force.
Over 50 posts, and no one has just posted the law.

Sec. 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.

It's just that simple. I'm keeping my opinion out of this, and just simply posting FACTS.

[71chevellejohn]

All this jibber jabber about what people "think" they know, or have heard.
I've scanned this thread, and I've only seen it mentioned one time.
Criminal mischief at night a defense to prosecution for use of deadly force.
Over 50 posts, and no one has just posted the law.

It's just that simple. I'm keeping my opinion out of this, and just simply posting FACTS.

Well hopefully the law stands up in court.

With that said,there will probably be a wrongful death lawsuit regardless of criminal court findings.