Odessa, TX- Homeowner shoots and injures burglar stealing from car

[LFI_Grad]

Video news report on incident (20mb Real Player file). I'll post a link to the newspaper story as soon as it's available. http://www.kwes.com/kwes/newsitestories/newsopalshoot.htm


Here's the story from another source: http://cbs7.com/newsstory.php?StoryID=ee222ce4d4103d09fa900214a137a75b

"THE ECTOR COUNTY DISTRICT ATTORNEY WILL DECIDE WHAT CHARGES, IF ANY, WILL BE FILED AFTER AN ODESSA HOMEOWNER TOOK THE LAW INTO HIS OWN HANDS.

EARLY WEDNESDAY MORNING, TWO MEN ATTEMPTED TO BREAK INTO A PARKED CAR IN THE 6500 BLOCK OF OPAL WHEN THE HOMEOWNER HEARD THEM AND WARNED THEM TO STOP.

WHEN THEY DIDN'T, HE FIRED TWO SHOTS FROM HIS HANDGUN, STRIKING ONE OF THE SUSPECTS.

THAT SUSPECT IS STILL HOSPITALIZED WHILE THE OTHER SUSPECT FLED THE SCENE AND IS STILL AT LARGE.

THE TEXAS PENAL CODE SAYS YOU CAN USE DEADLY FORCE TO PROTECT YOUR PROPERTY AT NIGHTTIME. "


Edit: more information.

Source: http://www.mywesttexas.com/site/news.cfm?newsid=16916327&BRD=2288&PAG=461&dept_id=475626&rfi=6

"ODESSA -- An Odessa homeowner shot one of two suspects allegedly attempting to burglarize his vehicles early Wednesday, police said.


According to a statement released Wednesday by the Odessa Police Department, authorities responded at approximately 1:40 a.m. to the 6500 block of Opal Drive in reference to a gunshot victim, who was transported to Medical Center Hospital where he was treated.


A preliminary investigation revealed the homeowner had observed two white male suspects burglarizing his 2005 Chevy Suburban. The suspects had also allegedly burglarized the homeowner's second vehicle, a 2002 Ford Mustang.


The homeowner fired two shots from a handgun, with one flying in the air and the second in the direction of the suspects. One suspect was struck and the second suspect fled from the scene. Officers recovered stolen items from the homeowner's vehicles.


Investigators from the Criminal Investigation Bureau Crimes Against Persons Unit responded to the scene to conduct an investigation. The case will be referred to the Ector County District Attorney's office for referral to the Ector County Grand Jury."

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Having been through the training that I have been through and trying to put myself in the homeowner's shoes, I think I most likely would not have pulled the trigger and definitely would have called the police first. It is encouraging that local law enforcement did not arrest the homeowner and have sent the case to the DA and/or the Grand Jury. Being from this area and familiar with the mood of the prosecutors office, my own feeling is that he will not be prosecuted but I'll keep you updated. I hope that the perpetrator does not try to file a civil suit against the homeowner, but if he does I think it would likely be thrown out.

Discussion?

 

[Double Naught Spy]

If as described, the homeowner acted within the law, hence no problem with the prosecutor. Texas does not, however, protect such lawful acts against civil liability.

The homeowner did NOT take the law into his own hands as described in the news account, if the account is correct, any more than a person who drives just under the speed limit. Operating within the the parameters of the law is NOT taking the law into your hands.

 

[Deavis]

Homeowner was within the law and chose to exercise his trigger finger, I can't fault him for it. He might feel as many do, they work hard for their things and don't want to see them taken away by thugs. I would be willing to bet that the burglers will think twice after this and hopefully this incident cures them of their thieving lifestyle.

 

[LAK]

"THE ECTOR COUNTY DISTRICT ATTORNEY WILL DECIDE WHAT CHARGES, IF ANY, WILL BE FILED AFTER AN ODESSA HOMEOWNER TOOK THE LAW INTO HIS OWN HANDS... "

The injection of that phrase "took the law into his own hands" is always done so erroneously. About the only way someone can "take the law into their own hands" is to; find a person they believe is guilty of what they believe is a crime - and intentionally confine, punish or execute them. The phrase is most often used to give the gullible and uneducated portion of the masses the implanted idea that shooting anyone who is in the commission of a crime equates to playing a juror, judge and penal authority long after the fact.

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http://ussliberty.org
http://ssunitedstates.org

 

[Capital Punishment]

Good shoot.

 

[isa268]

i agree i would not have shot to protect my property that is what insurance is for. i would have called 911 from the mobile phone, grabbed my gun and confronted them. if they produce weapons all bets are off I'm now in fear of my life. if they just run off id be a good witness and take the $25,000 i saved on legal fees from not shooting them and bought a new stereo.

 

[DWARREN123]

Ought to give the homeowner a reward for getting one of them.

 

[Aguila Blanca]

Too bad he wasted one round on a warning shot ... if that's what the reference to one round going into the air meant.

Good thing it was in Texas, because it makes it a righteous shoot. I wish more states would adopt that law. I don't, however, think it should be limited to night time. All that does is encourage more theft during daylight hours.

 

[BIGDADDYLONGSTROKE]

WOW, thats crazy Im from Odessa Texas, there is actually quite a bit of violence there my parents house have gotten broke into before with us in the house. But if the law says its legal to use deadly force at night to protect ones property, I guess hes legal.