And another one bites the dust...

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Shooter oughta walk........

Anybody dumb enough....or drunk enough......or wired enough to go akicking on a strangers door at 4 in the morning is just beggin for this weeks Darwin award. What is expected of the guy on the other side of the door?:confused: Hot coffee and conversation about the idiots' intentions? I think not. I am glad Texas law agrees.
 
I just watched a news story on this. It seems that Albrecht was drunk, had beaten his girlfriend, and then she managed to lock him out of the house. Albrecht tried to bust back into that house, before banging and kicking on the neighbors door. He was not knocking, but banging, screaming, kicking and trying to bust into the neighbors house. The neighbor yelled at him to leave, announced he had a gun, and then with Albrecht still trying to force his way into the house, he fired a shot he believed to be "a warning shot over the head of the intruder" so it would scare him away. Unfortunatly, Albrecht was 6' 5" tall, and the bullet hit him in the head and killed him.

The news story I saw portrayed the neighbors and the girlfriend as the victims, and Albrecht as a deranged man in a drunken rage, who had already attacked his girlfriend before trying (for some unknown reason) to enter the neighbors house.

I don't think the neighbor was trying to kill Albrecht with that "warning" shot.
 
I do not know how this will play out legally. Texas just amended the castle doctrine law effective 1 Sept 07. basically the victim does not now have to retreat before using deadly force if he feels his life is in danger.
 
I actually had almost this exact same thing (minus the domestic violence) happen to me. I woke to a heavy pounding on my door at 3-4 am. I looked through the peephole to confirm that it was a stranger who was heavily intoxicated and he wasn't visibly armed. However, he was kicking/pounding the door quite hard and I was concerned the door might give way. The guy also kept telling me to let him in in heavily slurred speech and wouldn't listen to my demands that he leave.

I solved the problem by sitting tight, gun in hand, and calling 911. The cops came and scooped him up a few minutes later and calm was restored.

If he managed to bust through, depending on his reaction to seeing me armed, I was completely prepared to shoot.
 
In any other state, this would be: man dead, shooter in jail awaiting man-slaughter (more likely murder) charges. I wish we had that bit of Texas law here. It bad enough to actually worry about break-ins, but to have to worry about using too much force, or wrong force, half-awake at 3am, when someone is kicking in your door....sheesh...when will people wake up and realize there are law-abiding citizens, and criminals, and the criminals have the advantage in the first place in that they KNOW when they're going to commit a crime.
 
Try kicking in my door at 4am ...........................

Hope the shooter gets off . He prevented an intruder from entering and causeing harm , end of subject .

The drunk you is the real you , one less woman beater to worry about .

Next .
 
I wasn't there. It wasn't my door getting kicked in at 0400 hrs. So I'm not going to second guess the shooter. It probably wasn't the best plan, from a legal POV to shoot through the door, but the guy may have had more reason that we're getting out of a 450 word newspaper article.

That said, in his place, in my house, it would be easy enough to warn the guy to go the heck away, and sit with my back to the wall 30 feet away from the door, just in case he makes it through before the police (whom my wife will be calling) get there.

In any case, I feel sorry for the shooter. Pretty much no one wants to have to shoot someone else.
 
A young male adult, at 6'5" of mean, drunken, raging fury is NOT the kind of person I'd want to wait too long on to bust my door down.

The chances are, the neighbors already knew about this guy abusing the girlfriend.

In any event, it ain't that easy shooting a moving target who may be high on drugs and/or in a drunken rage . . . when suddenly your door flies off the hinges and a 6'5" raging bull explodes into YOUR small living room.

The odds ain't 'zackly 100% the the homeowner would be able to make a one-stop hit on a guy like that without risking either losing the gun and/or having to take a shot on a moving subject that might just place other loved ones in the line of penetrating fire.

Poor homeowner. No one should have to go though something like this. I'm sure this shooting will, in the least, haunt him for the rest of his life.

T.
 
Am I the only person that sees a world of hurt coming for the guy that shot him through the door?
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Originally posted by Thumper
You ain't from around here, are ya?
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Well, even if there are no criminal charges filed, he still has to worry about civil suits on the behalf of the family. They're already saying things like "He wasn't a violent man."
You know they could try and spin the homeowner as being a paranoid gun nut. "Why, he shot him right through the door!"
I hope that doesn't happen, but you never know.
 
In Texas you put your life in the hands of the home owner if you start kicking in doors, especially at night. You are legal to use deadly force to stop several varieties of crime at night.
Kicking in doors to occupied homes is one of them.
If you dont want a hot lead breakfast dont kick on our doors at 4AM!
 
I can't say that I blame the shooter, and I don't think charges should be filed against him. Who knows what I'd be thinking or do if someone were trying to kick down my door at 4 a.m. I'd like to say I'd call the cops and wait until he got in before pointing a gun at him, but I really can't say for sure without being in the situation at the time under the same circumstances.

My only beef with shooting through an EXTERIOR door is that you don't know who or what is on the other side besides the drunken maniac. You could shoot an innocent passerby (although probably not likely at 4 a.m.). It goes along with knowing your target and what's beyond it. So to me, it violates one of the basic rules of gun safety. Plus, an attorney could argue that maybe the banging was a frantic victim fleeing a rapist or violent criminal and banging on your door for asylum (however unlikely).

I think that interior doors are a little different in that you presumably don't have random innocent people INSIDE your house whom you might accidentally hit (unless you don't know where all of your loved ones are in the house, in which case I wouldn't fire through a door unless I had no other choice). If you've barricaded yourself in your bedroom with all of your loved ones, and drunken maniacs are kicking down your bedroom door, I think it might be hard not to shoot to stop the immediate threat to your family.

Legally, in a state other than Texas, I think you could fry for shooting through a door. In my CCW class, I was told that you ALWAYS have to ID your target before shooting and that you'd be legally screwed if you shoot without doing so.
 
Lesson?

Don't go pounding thr crap out of a door at 4 in the morning while in a drunken rage.

Sometimes, stupidity is fatal.
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Ditto!

The shooter was afraid for his wifes and his own life. I sure hope he doesn't charged. As for not knowing what was behind the door,(???) I think the banging, kicking, and screaming gave him a good idea.
 
My only beef with shooting through an EXTERIOR door is that you don't know who or what is on the other side besides the drunken maniac
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Usually peepholes in apartment doors, sometimes windows on the sides.

Also: if you wait until he's kicked down the door, you're still shooting in the same direction... only without the added barrier of a door. So it could be spun as safer for other people if you shoot through the door. Seem to recall a case like this in the Midwest. Somebody shot through the door, they died, no charges... IIRC.
 
I don't think it's a bad shoot.

I'd like to think that in the same situation, I'd have the wife on the phone to 911 while I covered the door to see if he was going to beat on it, or come through it... but I'd like to think a lot of things, I wasn't there.

Bottom line is, the guy was afraid for his life and his wifes, and was responding to an attempted forcible entry in a state where it's legal to do so.
 
Well, even if there are no criminal charges filed, he still has to worry about civil suits on the behalf of the family. They're already saying things like "He wasn't a violent man."
You know they could try and spin the homeowner as being a paranoid gun nut. "Why, he shot him right through the door!"
I hope that doesn't happen, but you never know.
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Not true. As of 1 September the law states.

Sec. 83.001. CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A defendant who uses force or deadly force that is justified under Chapter 9, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
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Chapter 9 clearly states that deadly force is justified if...

The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied
habitation, vehicle, or place of business or employment;
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I also think that it was a tactically unsound action on the part of the shooter to shoot through a door (there's a rule about IDing your target floating around somewhere), but a lot of tactically unsound acts happen in the heat of the moment.
I've always been a no harm on foul type of person

If it can be reasonably proven or supposed that the god natured BG was actually trying to break in then it seems that the shooter is on solid legal ground
 
Being the analytical Virgo that I am, and certainly not trying to trivialize the situation...

Wonder what firearm/caliber was used.
 
he fired a shot he believed to be "a warning shot over the head of the intruder" so it would scare him away. Unfortunatly, Albrecht was 6' 5" tall, and the bullet hit him in the head and killed him.
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Interesting dilemma for the shooter. I wonder if knowing it was an accidental killing makes him feel better or worse about it than he would if he had intentionally killed him. Sad.
 
I don't know if laughing is appropriate in this situation, but this board has a million threads about what gun/ammo should be used to minimize over penetration, because we all know that missed shots (or even hits) are generally going to pass through at least one wall "into the wild".

This guy was foolish if he really fired a shot intended to miss, into the wild.

But shooting through the center of a door as it is being beaten down is definitly safer in my book than waiting for it to give way, and then being face to face with whom ever comes rushing in.

I would aim my shot down so that if I did miss it would go into the front lawn.
 
I also think that it was a tactically unsound action on the part of the shooter to shoot through a door (there's a rule about IDing your target floating around somewhere),
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I submit that the target was successfully ID'd as a hysterical male attempting to kick in a door at 4:00 AM.
 
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