The Castle Doctrine

[Nbadan]

If the homeowner thought that killing the intruder was justified then why did he drag the dead guy back into the house?

Castle doctrine' likely will apply in fatal shooting
Web Posted: 04/29/2008 11:14 PM CDT
Robert Crowe
Express-News

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 la ude 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.

Many other states have adopted similar doctrines — sometimes called “Make My Day” laws — said Jonathan Turley, law professor at George Washington University.

“The danger of empowering people to use deadly force is that they are not trained to recognize friend or foe in highly dangerous situations,” he said. “Oftentimes, a stranger in a house turns out to be a drunken neighbor or a relative.”

In San Antonio last year, a Northwest Side homeowner fatally shot an intoxicated college student who wandered into his home — in the same neighborhood where the student’s sister lived.

Raymond Lemes found 19-year-old Tracy Glass inside his house about 2:45 a.m. one Saturday last August. Believing Glass was an intruder, Lemes chased the young man outside, where he shot him in the neck, arm and chest.

Lemes wasn’t charged in the case.

Texas’ castle doctrine garnered national attention last year when a 61-year-old Pasadena man shot and killed two men who had broken into a neighbor’s home. The incident was recorded in a 911 phone call that the shooter, Joe Horn, made to police.

Horn was inside his house when he reported seeing two men break into a neighbor’s home. According to a recording of the emergency call, Horn told the dispatcher he intended to go outside and kill the men. The dispatcher told him that it wasn’t worth it to kill someone over property.

Still, Horn went outside and fatally shot the men, Pasadena police said. He told police they lunged at him on his property. Harris County prosecutors are scheduled to present the case to a grand jury next month.

[xrayzebra]

Why not. Maybe he wasn't quite dead and he wanted to be sure
he didn't run away. I am sure you have the answer and just waiting
to spring it on us.....

[PEP]

Agreed, probably to make sure he didnt get away. I would have tried my best to get a head shot though. I have an SKS, 9mm, and a .380 waiting for any intruder willing to risk breaking into my humble abode.

[Don Quixote]

I wish I had a couple of guns to take out any intruders. Really, though, I'm a lousy shot, and should probably stick to a shotgun. You don't even need to shoot a shotgun -- I think it's plenty intimidating just to pump it.

What I really want is a Taser. I don't want to kill the guy who broke in -- just stun him and put him in some pain. I'd probably have some fun with him, though -- put the electrodes on his nipples and make him say humiliating things about himself. But I don't want to clean up the blood and stuff that a lethal weapon would cause.

I don't know -- I've never killed anyone. If that the first time I killed someone, I don't know what I'd do. I'm sure I would do something stupid, like put the body back in my house until my mind cleared up.