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Two homicides may fall under new law
By Josh Burton
[email protected]
Two 2007 homicide investigations may fall under a new Texas law called the Castle Doctrine.
The Castle Doctrine designates one's place of residence or other place legally occupied, such as one's car or place of work, as a place in which one enjoys protection from illegal trespassing and violent attack.
It then goes on to give a person the legal right to use deadly force to defend that place and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack.
The Castle Doctrine primarily says that a person's home is their castle, said Warren Chisum, Rep., R-Pampa.
"You can defend it even up to the event of using deadly force," Chisum said. "You could virtually stand your ground and not give up any rights to anyone entering."
The law went into affect Sept. 1.
Prior to this bill passing, the burden of proof was on the homeowner, said Kel Seliger, Sen., R-Amarillo. The homeowner had to prove he or she was being threatened before this bill was passed.
"I voted it. I think it's logical," Seliger said.
It was not a question of advocating crime. It was designed to help the homeowner, Seliger said. They should not be subject to indictment if someone breaks into their home, business or car.
A shooting on South Georgia Street and one on South Cleon Court could fall under that, said Potter-Randall Special Crimes coordinator Lt. Gary Trupe.
There's certain things that have to occur, Trupe said. The biggest thing is someone doesn't have to retreat.
The castle could include a home, car or business, Trupe said.
"You have the right to defend yourself, by someone entering your home or someone taking you from your home," Trupe said.
Castle Doctrine
Possible uses of the castle doctrine:
Oct. 7 - Calvin Farmer, 46, of Amarillo was shot in the lower torso after getting into an altercation with a neighbor in the 6800 block of Cleon Court. He later died at Northwest Texas Hospital from those wounds. The homeowner shot with a semi-automatic handgun after feeling threatened by Farmer. Farmer apparently confronted the homeowner about an issue involving Farmer's ex-wife. The homeowner was questioned and later released pending further investigation.
Dec. 13 - Christopher Fry, 38, was shot in the upper body at 200 S. Georgia St. Fry walked from the home and collapsed on the curb on the north side of the house in the 2700 block of West Second Avenue. The homeowner shot Fry because Fry was apparently assaulting the homeowner, who felt in fear of his life and his 2-year-old son's life. Fry appeared to have been in a physical altercation prior to knocking on the door at 200 S. Georgia. The two were arguing after Fry asked the homeowner about a dog, which the homeowner did not own. The homeowner was questioned by Special Crimes and later released pending further investigation. The case will be presented to the 47th District Attorney's office for review by a grand jury.
Other States
Twenty-five other states have similar laws to the Texas law.
Within the legal paradigm, therefore, it functions as a type of justifiable homicide.
Castle Doctrines are legislated by state, and not all states in the U.S. have a Castle Doctrine.
In general, one of a variety of conditions must be met before a person can legally use the Castle Doctrine:
An intruder must be making an attempt to forcibly enter a premises uninvited.
The intruder must be acting illegally - i.e. the Castle Doctrine does not give the right to shoot officers of the law acting in the course of their legal duties.
The occupant of the home must reasonably believe that the intruder intends to inflict serious bodily harm, or death, upon an occupant of the home.
The occupant of the home must reasonably believe that the intruder intends to commit a felony.
The occupant of the home must reasonably believe that the intruder intends to commit arson.
The occupant of the home must reasonably believe that the intruder intends to commit burglary.
The occupant of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force.
In all cases, the occupant of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties.
http://www.amarillo.com/stories/010308/new_9235319.shtml
By Josh Burton
[email protected]
Two 2007 homicide investigations may fall under a new Texas law called the Castle Doctrine.
The Castle Doctrine designates one's place of residence or other place legally occupied, such as one's car or place of work, as a place in which one enjoys protection from illegal trespassing and violent attack.
It then goes on to give a person the legal right to use deadly force to defend that place and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack.
The Castle Doctrine primarily says that a person's home is their castle, said Warren Chisum, Rep., R-Pampa.
"You can defend it even up to the event of using deadly force," Chisum said. "You could virtually stand your ground and not give up any rights to anyone entering."
The law went into affect Sept. 1.
Prior to this bill passing, the burden of proof was on the homeowner, said Kel Seliger, Sen., R-Amarillo. The homeowner had to prove he or she was being threatened before this bill was passed.
"I voted it. I think it's logical," Seliger said.
It was not a question of advocating crime. It was designed to help the homeowner, Seliger said. They should not be subject to indictment if someone breaks into their home, business or car.
A shooting on South Georgia Street and one on South Cleon Court could fall under that, said Potter-Randall Special Crimes coordinator Lt. Gary Trupe.
There's certain things that have to occur, Trupe said. The biggest thing is someone doesn't have to retreat.
The castle could include a home, car or business, Trupe said.
"You have the right to defend yourself, by someone entering your home or someone taking you from your home," Trupe said.
Castle Doctrine
Possible uses of the castle doctrine:
Oct. 7 - Calvin Farmer, 46, of Amarillo was shot in the lower torso after getting into an altercation with a neighbor in the 6800 block of Cleon Court. He later died at Northwest Texas Hospital from those wounds. The homeowner shot with a semi-automatic handgun after feeling threatened by Farmer. Farmer apparently confronted the homeowner about an issue involving Farmer's ex-wife. The homeowner was questioned and later released pending further investigation.
Dec. 13 - Christopher Fry, 38, was shot in the upper body at 200 S. Georgia St. Fry walked from the home and collapsed on the curb on the north side of the house in the 2700 block of West Second Avenue. The homeowner shot Fry because Fry was apparently assaulting the homeowner, who felt in fear of his life and his 2-year-old son's life. Fry appeared to have been in a physical altercation prior to knocking on the door at 200 S. Georgia. The two were arguing after Fry asked the homeowner about a dog, which the homeowner did not own. The homeowner was questioned by Special Crimes and later released pending further investigation. The case will be presented to the 47th District Attorney's office for review by a grand jury.
Other States
Twenty-five other states have similar laws to the Texas law.
Within the legal paradigm, therefore, it functions as a type of justifiable homicide.
Castle Doctrines are legislated by state, and not all states in the U.S. have a Castle Doctrine.
In general, one of a variety of conditions must be met before a person can legally use the Castle Doctrine:
An intruder must be making an attempt to forcibly enter a premises uninvited.
The intruder must be acting illegally - i.e. the Castle Doctrine does not give the right to shoot officers of the law acting in the course of their legal duties.
The occupant of the home must reasonably believe that the intruder intends to inflict serious bodily harm, or death, upon an occupant of the home.
The occupant of the home must reasonably believe that the intruder intends to commit a felony.
The occupant of the home must reasonably believe that the intruder intends to commit arson.
The occupant of the home must reasonably believe that the intruder intends to commit burglary.
The occupant of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force.
In all cases, the occupant of the home must be there legally, must not be fugitives from the law, must not be using the Castle Doctrine to aid or abet another person in being a fugitive from the law, and must not use deadly force upon an officer of the law or an officer of the peace while they are performing or attempting to perform their legal duties.
http://www.amarillo.com/stories/010308/new_9235319.shtml
