Another Texan Defends His Neighbor

[Code3GT]

BTW, I never saw this on the main news here in Austin, just the interweb...



http://www.kxan.com/Global/story.asp?S=8777227



KINGSLAND, Texas (KXAN) - A 64-year-old retired homeowner said he was defending his life when he shot at a departing car he thought was burglarizing his neighbor's residence early Wednesday morning in Kingsland.
"He saw some guys stealing stuff from his neighbor's house so he took his gun," said Jim Wheat, the homeowner's attorney. "He certainly didn't want to fire at anything."
But the man did end up firing several shots at the vehicle after approaching the three men who he says backed their car under the carport at a home in the 4700 block of River Oaks Drive.
"I think he had a good idea that they had something they were reaching for down in that car," said Wheat of the shooting incident, which put one man into the hospital.
According to police, the homeowner continued firing his .45 pistol as the car drove away. A bullet struck 25-year old Casey Rowe in the back of the neck.
Rowe was sitting in the back seat of the car. Driver Matthew Winger, 28, was arrested Thursday for having an outstanding warrant related to a Marble Falls theft charge.
Llano County investigators expect to file more charges against him related to this case. Authorities are still looking for the second man in the car, Michael Jeffers, who also goes by the name of Mike Jones. Investigators believe he is in Granite Shoals.
Rowe is on life support at Brackenridge Hospital in Austin. Family members who are with him say he opened his eyes Friday morning. Rowe has two prior theft convictions and a felony conviction of unauthorized use of a motor vehicle which he served time for back in 2004.
Wheat said his client told him it was never his intention to shoot someone, but he felt he had no other choice.
"Nobody really wanted for this guy to end up this way. Not the shooter, not anyone on the street, apparently not the people in the car, but they made a choice to go and steal stuff from a neighbor's house," said Wheat.
Llano County investigators continue to gather facts in the case. No charges have been filed against the homeowner.


Granted it's an Austin based media source so the liberalness is undoubtedly chest-deep. But personally, I think this one could've been left to the police, however he had no other choice so I feel he was justified. A) he confronted the BG's...B) he might've and it was left out, but no mention of calling 911...C) firing on a fleeing vehicle. Luckly no charges have been filed. Sounds a lot like Joe Horn's case who was later no-billed. I attend school in that area and as nice and smalltown as it is, this is and more is getting more common. I carry regardless. Never become complacent!

 

[U.S.SFC_RET]

If you are a housebreaking thief. You are playing with your life. You are giving control of your life to another. That another (homeowner) has the legal right to take your life away from you especially in the event it is perceived that his life is going to be taken away.

 

[jetrecbn]

I hope he gets off. If someone were breaking into my home, I would hope that a neighbor has the guts to confront the thief. Never lived in TEXAS but I love their laws and beliefs. Especially the express lane on death row.

 

[Browning]

Yeah, I saw it.

I hope the homeowner doesn't end up going to prison over it.

More links to the story.

Homeowner defends right to shoot suspected burglars (I suspect that he didn't say that)
http://www.msnbc.msn.com/id/25984183/

Castle doctrine may clear Kingsland homeowner.
http://www.msnbc.msn.com/id/25962664/

While he certainly did his neighbor a huge favor, I don't think that I would have done the same thing unless someone's life was in danger or there was the serious threat of bodily harm. Otherwise victim disarmament groups and others who think that criminals are an endangered species who need to be protected at all costs end up coming out of the woodwork and you could be the one going to jail or having the Nation of Islam demonstrating outside your front door (Joe Horn).

 

[Drgong]

for the shooter good thing it Texas .

I don't feel bad for the theif, I would of just been worried that one of those bullets fired at the fleeing car would of hit a innoccent.

 

[Pat-inCO]

I think we must be missing some information here.

According to police, the homeowner continued firing his .45 pistol as the car drove away.

SAY WHAT?! Threat is leaving - in a car - and he shoots, repeatedly?! No mention of them shooting at him.

Wheat said his client told him it was never his intention to shoot someone, but he felt he had no other choice.

Oh really. I wonder what turnip truck he thinks everyone fell off of?

Nobody really wanted for this guy to end up this way.

Then why was he shooting as they DROVE away?

 

[TexasRifleman]

Then why was he shooting as they DROVE away?

If you're gonna get mad at least understand the Texas law he was operating under (potentially).

Various portions below...

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:

(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;

Those are the statutes for protection of ones own property. The same rules apply for the protection of a third persons property if you believe the owner would want you to take care of it (paraphrasing).

There is no requirement for the thieves to be a "threat" at all......under the protection of property statutes.

 

[neviander]

Unless they were firing at me AS they were driving away, I don't think I would fire at a fleeing crook.

 

[D-Day]

Justified or not, you gotta admit, actually hitting someone in a moving car with a .45 pistol is a feat in itself.

 

[Guns and more]

For all those who feel bad for the perps, think about this. The thieves get away because the homeowner calls the police who take ten minutes to respond. The police then file a report and give a copy to the homeowner to file with his insurance. The next day the thieves hit your house, but are surprised by your wife and kids being at home, and kill them. (It's never one isolated crime). Now how do you feel about the homeowner who let them go last time?



If I'm ever on the jury, I hope I have the courage to do the right thing, not necessarily the legal thing.

 

[BruceRDucer]

Quote:
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:

Quote:
(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; ---posted by TEXAS RIFLEMAN

Thank you Texas Rifleman. That law should be in place in every state.

/

 

[Jolly Rogers]

The murder of Sean Taylor last year comes to mind.

For all those who feel bad for the perps, think about this. The thieves get away because the homeowner calls the police who take ten minutes to respond. The police then file a report and give a copy to the homeowner to file with his insurance. The next day the thieves hit your house, but are surprised by your wife and kids being at home, and kill them. (It's never one isolated crime). Now how do you feel about the homeowner who let them go last time?

Joe

 

[Guillermo]

Thank you Texas Rifleman. That law should be in place in every state.

God Bless Texas

BTW
for anyone who is unfamiliar with Kingsland, probably most of you, in many areas is is very sparcely populated.

It is quite possible that the neighbor was not unreasonably endangering neighbors.

Also, it sounds like he is a hell of a shot.

 

[TexasRifleman]

Thank you Texas Rifleman. That law should be in place in every state.

Yeah sometimes I'm not so sure about that. It's a tough argument either way but it is the law currently so........

 

[MinnMooney]

From the original poster :

But personally, I think this one could've been left to the police, however he had no other choice so I feel he was justified. A) he confronted the BG's...B) he might've and it was left out, but no mention of calling 911...C) firing on a fleeing vehicle.

Well................ which way do you believe??

I beleive (IF the whole story is out and he was shooting at a fleeing vehicle) that this guy was way too trigger happy and pissed that the BG's were going to get away with his neighbors belongings. This cries out to be investigated. Even if what he did isn't chargeable, it's immoral and just plain wrong. Go for the license number and let the police nab them.

 

[bratch]

Even if what he did isn't chargeable, it's immoral and just plain wrong. Go for the license number and let the police nab them.

Maybe I'm getting cranky in my old age but I just don't believe this. The thiefs made their choice; it had consequences.

 

[Guillermo]

The thiefs made their choice; it had consequences.

+1

---

 

[tuckerdog1]

Rowe has two prior theft convictions and a felony conviction of unauthorized use of a motor vehicle which he served time for back in 2004.

A slow learner. Looks like this was bound to happen to him sooner or later. For the rest of us, I think it good it happened sooner.

Tuckerdog1

 

[jad0110]

Quote:
Thank you Texas Rifleman. That law should be in place in every state.

Yeah sometimes I'm not so sure about that. It's a tough argument either way but it is the law currently so.....

Good info to know, thanks for posting it TR. I was scratching my head over this one until you enlightened me. Though that may be permissible legally in TX, try it in NC and you'll probably wind up with more jail time than the crook .

I'm with you though, I guess it would depend on the particular situation whether or not you would fire on a fleeing vehicle. If the thugs had proven to be violent, and I had a good clean shot (good backstop and/or no bystanders), I might well shoot. Its moot for me, since such action would put me behind bars in NC.

 

[Win75]

Quote:
[Even if what he did isn't chargeable, it's immoral and just plain wrong. Go for the license number and let the police nab them.]

Maybe I'm getting cranky in my old age but I just don't believe this. The thiefs made their choice; it had consequences.

+2

I worked 31 years with the Missouri Department of Corrections. I dealt with this kind of people every day, saw how they act, know how they think, and it is probably a good thing the old man did what he did rather than the crooks come back later to get him. I am from the old school. (They ain't got nothing coming.) Except what is coming to them.

 

[nalioth]

I think you guys who are calling for his head overlooked this item:

"He saw some guys stealing stuff from his neighbor's house so he took his gun," said Jim Wheat, the homeowner's attorney. "He certainly didn't want to fire at anything."
But the man did end up firing several shots at the vehicle after approaching the three men who he says backed their car under the carport at a home in the 4700 block of River Oaks Drive.
"I think he had a good idea that they had something they were reaching for down in that car," said Wheat of the shooting incident, which put one man into the hospital.

He was defending his life, at that point, I'd say.

 

[bdickens]

All you yankees should keep your yaps shut about Texas law. You don't live here. You don't know nothin' about life here. And you sure don't know anything about the social, legal, or political climate here in he Lone Star State.

As TexasRifleman pointed out, the homeowner in question apparently acted completely within the scope of the law, just like Joe Horn did. His legal justification is unquestionable and we Texans don't really care about what those of you in the rest of the country think about his moral justification.

Everyone has to draw his own line in the sand and make his own moral choices.

You weren't there. You didn't see what happened. You don't know the whole story. You have no right to judge.

 

[MinnMooney]

A life is too precious to waste.

from Guillermo :

The thiefs made their choice; it had consequences.

-1

If your life or someone else's life is threatened, I'm all for your idea but I refuse to shoot someone who poses no threat to me but is getting away with things.

 

[Guillermo]

bdickens

Decaf buddy.

This is a place for us to discuss these things. It is GOOD that we can engage in conversation concerning these types of issues.

Perhaps through example, things can be on earth as they are in Texas.

 

[MinnMooney]

from bdickens :

All you yankees should keep your yaps shut about Texas law. You don't live here. You don't know nothin' about life here. And you sure don't know anything about the social, legal, or political climate here in he Lone Star State.

Wow! Where did that come from?? Please chill, my Texas friend. Your blood pressure must be thru the roof!!

You weren't there. You didn't see what happened. You don't know the whole story. You have no right to judge.

Neither were you, judge.