Castle Doctrine To Be Tested

[Mesogen]

http://cbs3.com/topstories/self.defense.shooting.2.569713.html


Protecting Neighbor's Home Self-Defense?
Testing "Castle Doctrine," Grand Jury To Decide If Texas Man Was Right To Kill Burglars

HOUSTON (CBS) ― It will be up to a Texas grand jury to decide whether a man who fatally shot two men he thought were robbing his neighbor's home acted within the state's self-defense laws.

The man, who is in his 70s, shot the two suspected burglars Wednesday afternoon in a quiet subdivision of the Houston suburb of Pasadena. He confronted the men as they were leaving through a gate leading to the front yard of his neighbor's home.


So. What to make of this one? Does this guy have the right to kill people stealing from his neighbor?

[SeanEdwards]

http://cbs3.com/topstories/self.defense.shooting.2.569713.html



So. What to make of this one? Does this guy have the right to kill people stealing from his neighbor?

No.

The only time you have a legal "right" to kill is in immediate defense of your life or the life of another person. You don't get to execute burglars for stealing a TV.

[traitorist]

if you listen to the 911 tapes, the shooter tells the 911 operator the perps came INTO HIS YARD, and approached him when he left his house to go see where they were heading, after leaving the neighbors with "the loot." based on that testimony, i believe he falls within the law. i think he will not be charged. that's my 2 cents.

[noxagol]

You have a right to defend your property. If you tell them stop or you will shoot and they keep going, then they asked for it.

[ShowMeLiberty]

I'm a gun owner but I wouldn't shoot anybody for robbing a house - even my own. It's just stuff and none of it is worth a life.

In this particular case, if the thieves did approach him and make him fear for his life and THAT is why he shot them, that's justifiable. The way I heard it though, he told the 911 operator he was going to shoot them before he left his house.

[ChrisM]

No. The Castle Doctrine is wrong, in my opinion. You can't kill somebody for stealing your property. That's way overboard. Vigilante justice isn't due process.

[PennCustom4RP]

You may only shoot an intruder if he is between you and the exit, or between a family member and the exit, giving you no escape. That said, if intruder is armed, and coming at you, or family, you have the right to defend yourself.

[Chase]

Personally, I'm a full believer in the castle doctrine, and I'm pretty sure this guy will be aided by the new legislation that passed in Texas this year.

[coastie]

You have a right to defend your property. If you tell them stop or you will shoot and they keep going, then they asked for it.


HAHA, no, thats not how it works. The state would argue that the person was already leaving, and you had not authority to order them to stop or you'll shoot. You'd find youreslf in the clink for a long time using that argumnt. People watch too many movies nowadays.:p

Even I, as a fed law enforcment officer, can not do that, except : in defense of self and others, protecting national security, safegarding WMDs, and in affecting a lawful arrest of someone who has commited a felony (i.e. murder or any of the aforementioned).

Keep in mind as well, the laws vary state by state, and if you read through Texas and Florida laws - its definetly not wise to break into someone's home in those states:D.

My point was this...articulation is the key. Saying what you said in a court of law (in any state) would buy you a ticket to the slammer for sure.

"Dead men tell no tales"........

[Madcat455]

He's going to be up a creek... The transcript is on site CBS:

911: "Pasadena 911. What is your emergency?"

Caller: "Burglars breaking into a house next door."

A police spokesman says the man told the dispatcher that he was going to get his gun and stop the break-in.

Caller: "I've got a shotgun, do you want me to stop them?"

911: "Nope, don't do that. Ain't no property worth shooting somebody over, OK?"



911: "I've got officers coming out there. I don't want you to go outside that house."

Caller: "I understand that, but I have a right to protect myself too, sir, and you understand that. And the laws have been changed in this country since September the first, and you know it and I know it. I have a right to protect myself."

The telephone line then went dead, but the man called police again and told a dispatcher what he was doing.

Caller: "Boom. You're dead." (Sounds of gunshots) "Get the law over here quick. I've managed to get one of them, he's in the front yard over there. He's down, the other one is running down the street. I had no choice. They came in the front yard with me, man. I had no choice.

:rolleyes::rolleyes:

Yeah right.... if he'd stayed in his house as instruced, he wouldn't have been in that situation.

I hope he gets locked away, and that's comming from a FL CWP holder. This guys bad judgment is going to support STRONG opposition to our Castle Doctrine laws.

[coastie]

I am also a CWP holder, and agree. What he did was rediculous, what an idiot.:mad:

This is gonna give fuel to gun grabbers.

[johngr]

I'm a gun owner but I wouldn't shoot anybody for robbing a house...

How do you rob a house? Do you go up to the front of it, point a gun at it and say "okay, house, give me all your money"? :)