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Homeowner Charged After Shooting Intruder
- Thread starter peyton
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gideon_70
Member
Hey, I disagree.If the man was fleeing & was shot from behind, the homeowner can't really claim he was defending himself or his family or defending his property.
In Ga. we have a law called Defense of Habitation (16-3-23), which does allow a homeowner to use deadly force to protect his/her property during a break-in or burglary. However, the force can only be used to prevent the intrusion or crime from occuring.....if the suspect flees from the scene...shooting him/her in the back ain't gonna fly.
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content
Member
Hello friends and neighbors // Sounds like a case of dumb and dumber.
"if the person decides to stop trying to enter deadly force is no longer an option. "
That may be in GA but not in TX. If you are on my property and have made any threatening moves, I can shoot you dead without fear of prosecution, fleeing or not.
That may be in GA but not in TX. If you are on my property and have made any threatening moves, I can shoot you dead without fear of prosecution, fleeing or not.
hotshotshoting
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if the person was fleeing and changed his mind about breaking in then the crime has been committed and is not in the process of being committed.. either way i take anything i hear from the media with a grain of salt... we all know how accurate the media is when covering firearm related instances!
TexasRifleman
Moderator Emeritus
If you are on my property and have made any threatening moves, I can shoot you dead without fear of prosecution, fleeing or not.
Are you really a Texas attorney? You might want to look into that a bit.
There is a thread that has been running at GeorgiaPacking.org about this what I gathered from that thread is that it is legal to shoot a fleeing forcible felon. It is not legal to shoot a fleeing unarmed burglar. Burglary is a crime against property whereas Robbery is a crime against a person. Apparently the burglar was fleeing & unarmed. This is in Georgia anyway. Every state is different etc.
I had heard the homeowner used a stolen gun but I don't know about the marijuana.
Peyton if your brother decides to purchase a firearm-a handgun in particular I would suggest he visit www.georgiapacking.org it is the best place I know of to get information on Georgias firearms laws
I had heard the homeowner used a stolen gun but I don't know about the marijuana.
Peyton if your brother decides to purchase a firearm-a handgun in particular I would suggest he visit www.georgiapacking.org it is the best place I know of to get information on Georgias firearms laws
TexasRifleman
Moderator Emeritus
Yes I really am a Texas attorney and a former prosecutor that never lost. I am right. Do your own research.
So you are saying that homicides in Texas don't go to a Grand Jury?
I did not say any such thing nor anything that can reasonably be so construed. Either debate what I said or keep quiet. Im not interested in debating something I never even implied.
Look up the castle doctrine - here is an application showing my position correct:
After his home was burglarized earlier this week, Thomas Thames decided to arm himself in case the intruder returned, police say.
The following night, he heard another noise at his home in the 5800 block of East Midcrown, so Thames, 39, walked downstairs. It was about 2:30 a.m. Tuesday when he once again saw a young man in his kitchen. The back door was open.
This time, Thames fired a gun at the man, who ran into the backyard, where Thames shot at him again, police said.
Ronnie Scarborough, 18, was pronounced dead at the scene.
San Antonio police spokesman Sgt. Gabe Trevino said the resident had pulled the man into his house and waited for police to arrive.
Police said the man killed at Thames’ Northeast Side home Tuesday matched the description of a burglary suspect the resident said he chased from the home the night before.
Police said Tuesday that Thames likely won’t be charged with a crime because Texas law gives homeowners latitude in protecting their property and themselves.
“A property owner, by Texas law, has the right to prevent the consequences of a burglary by utilizing deadly force if necessary,” Trevino said.
For many years, Texas law has permitted residents to use deadly force to protect themselves and their personal property. Last year, the Legislature broadened the law to include a “castle doctrine,” allowing a person to use deadly force in self-defense against an intruder without having to retreat into his home.
http://www.mysanantonio.com/news/MYSA_20080430_1A_shooting_b2882ced_html2625.html
Look up the castle doctrine - here is an application showing my position correct:
After his home was burglarized earlier this week, Thomas Thames decided to arm himself in case the intruder returned, police say.
The following night, he heard another noise at his home in the 5800 block of East Midcrown, so Thames, 39, walked downstairs. It was about 2:30 a.m. Tuesday when he once again saw a young man in his kitchen. The back door was open.
This time, Thames fired a gun at the man, who ran into the backyard, where Thames shot at him again, police said.
Ronnie Scarborough, 18, was pronounced dead at the scene.
San Antonio police spokesman Sgt. Gabe Trevino said the resident had pulled the man into his house and waited for police to arrive.
Police said the man killed at Thames’ Northeast Side home Tuesday matched the description of a burglary suspect the resident said he chased from the home the night before.
Police said Tuesday that Thames likely won’t be charged with a crime because Texas law gives homeowners latitude in protecting their property and themselves.
“A property owner, by Texas law, has the right to prevent the consequences of a burglary by utilizing deadly force if necessary,” Trevino said.
For many years, Texas law has permitted residents to use deadly force to protect themselves and their personal property. Last year, the Legislature broadened the law to include a “castle doctrine,” allowing a person to use deadly force in self-defense against an intruder without having to retreat into his home.
http://www.mysanantonio.com/news/MYSA_20080430_1A_shooting_b2882ced_html2625.html
TexasRifleman
Moderator Emeritus
You said that you would not be prosecuted, at all, ever, for a legit self defense shooting.
That is not necessarily true since 100% of homicides in Texas go to Grand Juries. There is ALWAYS the possibility that you will be prosecuted.
Grand Juries can and have done some very bizarre things. As a former prosecutor I'm sure you've seen it happen.
This isn't really a debate on the law, I agree with you 100% on what the law says, but you can never say that someone won't be prosecuted for it.
That's always the long pole in the tent in Texas.
I can shoot you dead without fear of prosecution, fleeing or not.
That is not necessarily true since 100% of homicides in Texas go to Grand Juries. There is ALWAYS the possibility that you will be prosecuted.
Grand Juries can and have done some very bizarre things. As a former prosecutor I'm sure you've seen it happen.
This isn't really a debate on the law, I agree with you 100% on what the law says, but you can never say that someone won't be prosecuted for it.
That's always the long pole in the tent in Texas.
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TexasRifleman
Moderator Emeritus
Your entire post says:
And I am simply stating that there is always a chance you will be prosecuted in Texas. Not sure how you get to where I'm twisting anything you said or disagreeing with you about the law.
If you are on my property and have made any threatening moves, I can shoot you dead without fear of prosecution, fleeing or not.
And I am simply stating that there is always a chance you will be prosecuted in Texas. Not sure how you get to where I'm twisting anything you said or disagreeing with you about the law.
TexasRifleman
Moderator Emeritus
Doesn't exactly match now does it. Im done. Im right and Im done.
That's fine, it's thread drift anyway. My apologies for the drift.
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Shadow 7D
Member
I thought that for a good defense shooting that the person (and I know that his varies from place to place) while not having to be an upstanding pillar of the community, needs to not engaged in the commission of a crime, i.e. a drug dealer can still be charged with a crime if he was actively dealing at the time of the defensive shoot.
and no, not law or attorney, just po boy student...
and no, not law or attorney, just po boy student...
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