Texas Homeowner shoots Home Intruder

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Friends Of Deceased UT Tyler Student Say They Don't Believe He Was A Would-Be Burglar

Some of the stupidest people I have ever encountered have been other college students. The criminal is always innocent, there's no way he could have done it, he's not that kind of person! This looks pretty cut and dried, the guy is dead with at least a .44" diameter hole in him after having broken into another man's property. He wasn't there to sell boy scout cookies, he was there to break the law!

If you learn anything from this, it is that you can never really know people. "He or she would never do that kind of thing" just does not hold any water. The human mind is a complex thing which many of us are not capable of fully understanding.
 
"§ 46.05. PROHIBITED WEAPONS.

(a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
...
(6) knuckles;
...
(8) a chemical dispensing device;"

I've got... five prohibited weapons attached to each arm. And chemical dispensing devices? Toothpaste is now a felony!
 
Herrera's past was not squeaky clean. He'd been in and out of jail in Tarrant County a number of times since 2001. His 14-page criminal background includes aggravated assault, car burglary and two D.W.I. charges.

The friends that the cops interviewed should have been real friends and kept him from drinking since the KNEW of what happens when he drinks. That one problem is the whole reason why he had those previous charges.

I'm praying that God will use his death to better this world in some way.

Shangelica,

Doesn't seem like your friend was all that good of a guy after all. People who cannot control themselves and committ aggravated assault, car burglary, and drink while driving are not good people. Say that over and over to yourself until you believe it because it is the truth.

Maybe there is a young mid-teen boy out there that will decided not to do stupid stuff that can get you killed because of his death.

java.
 
I'm praying that God will use his death to better this world in some way.

Shangelica,

It's clear your friend was not what you thought he was. Alcohol is not some magic thing that makes a really nice guy turn into a home invader.

That kind of behavior is inside anyway, maybe alcohol just brings out what is already there.

But your prayer might be answered in truth if some other criminal decides maybe he shouldn't break into someones' home because he might get shot.

I don't understand about the shooting? Did he get shot more than once or twice? When it's self defense, which I believe it is, it doesn't make much sense to let out a whole clip or whatever it was.

When someone is inside your home, after forcibly entering, you are clearly in fear for your life. It is not prudent to fire once then see what happens, then maybe fire again. You fire your weapon until the person stops, and you want them to stop immediately. Firing your weapon until they stop is how that is done. Some attackers might stop after one shot is fired, some might keep right on coming.

If you are trying to get help at someones home, as insinuated by this article, you don't do it by kicking in the door.
 
I've had this kind of stuff go on around me ever since I can remember, nothing has ever directly hurt me. I know that alcohol isn't magic and I'm pretty sure that all it did was let out what he was holding in.
All I was doing yesterday was trying to find out where the funeral was going to be, but then I found everyone's comments on this website. It just hurts imagining what his night was like before that happened.
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I know a little bit more than some of you guys that like to get on here and judge the big bad Texan way.

My condolences on your loss of a friend, but it would seem you're the one being judgmental here. What if it had been your home that was broken into in the small hours of the morning? What if you were the one with not a clue as to the intentions of the person who penetrated your perimeter? Would you have been keeping track of how many shots you fired?
"Okay, two shots, that's my allotment, if this guy hasn't ceased and desisted with his illegal, potentially life-threatening action, then I guess I'm just outta luck..."
No, no, no. As TexasSIGman said, you fire till the person stops...and if it just so happens he stops because he's assumed room temperature, well, he shouldn't have been breaking down people's doors to begin with.
 
Well Shangelica, it sounds like your good friend had an alter ego when he drank, an alter ego you didn't know very well. As by your confirmation, being drunk is when your friend got into a lot of trouble. He had been drinking and he broke into somebody's house. Go figure that the homeowner thought he was being burgled and protected himself and family. Home invasions are very frightening and Texas criminal and civil law allows for use of lethal force in such matters.

I don't understand about the shooting? Did he get shot more than once or twice? When it's self defense, which I believe it is, it doesn't make much sense to let out a whole clip or whatever it was.

Actually, it often does. When shot, people don't often fall down and stop moving immediately, especially when shot with handguns. Sometimes they must be shot multiple times. It is not considered pragmatic to shoot a home invader and then stop and wait for a while to see what the home invader does because that is when the home invader may opt to return fire and kill you.

Part of the reason for shooting multiple times is that if you shoot and the person isn't downed or modifying his/her behavior in a manner conducive to safety, it very well may be that you missed the invader.

You shoot until the threat is neutralized. It is that simple.

Since you know your friend so well, do you have an explanation for him beating down a door in the middle of the night?
 
Shangelica, we do appreciate your input on this. It does help to clarify what was going on. It is always sad to lose someone you know no matter what the circumstances. However, from your post, it sounds like he knew he had trouble when he drank. It was still his responsibility.


As far as home defense, you have to remember that most of the time, these things occur at night. It may be dark or difficult to see. I have seen a number of stories where criminals cut power and phone lines. It is difficult to tell if an intruder is armed or not, and that may not matter anyway as most people are not very capable at hand to hand fighting. Because of this, firing multiple times is common and often recommended if deadly force in self defense is necessary. If you put yourself in the shoes of the home owner, it is easier to understand. I know there have been cases of poeple shooting through doors, but those normally involved verbal threats as well.
 
When something like this happens, it is tragic, for the people who cared about the person that died. It's not tragic for the dead guy, who is well out of harm's way (though a shot from a 44 would probably hurt, for a minute). But for, say, his friends, his mom, etc., it is sad.

We had a case down here a year or two back, where a mentally retarded man went and found himself a handgun, and found some police officers, and pointed the gun at them, and said he was going to kill them. This is a grown man with the mind of a four year old, more or less. They killed him, shot him 8 times in the chest, I believe. There was really nothing else they could do, except maybe wait and see if he shot them. They took the only sensible course of action, and committed no wrongdoing. It was still really sad for the man's family, though, who lost their son, whom they viewed as harmless. Of course, the burden of guilt was on them, really, since they left him alone, and let him get hold of a gun. it's tragic BECAUSE there was no alternative to the action taken.

In this case with Herrera, it sounds like he was not of sound mind after he chose to drink. Some people are like that, for whatever reason. They shouldn't drink. But once he did, he was what you might call "out of control", in other words, not of sound mind. The homeowner did the right thing, he made a sensible choice and may very well have saved his own life or someone else's. But it's still sad that this is what happened, instead of justin herrera choosing to stay sober and in control, and then getting to have a nice breakfast the next morning.
 
The friends that the cops interviewed should have been real friends and kept him from drinking since the KNEW of what happens when he drinks. That one problem is the whole reason why he had those previous charges.

Sorry, that argument is a non-starter. I've got two alcoholics in my family, and have learned that it's not up to friends, family, bartenders, etc. to stop anyone from getting drunk. It's your own responsibility, and blaming alcohol for your screwups is merely an attempt to avoid it. If your friend knew that when he gets drunk he gets into big trouble - and with a 14 page rap sheet it should have been obvious - then he should have never had another drink. He made the choice to drink, and unfortunately other decent folks have had to deal with the consequences.
 
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