Police: Homeowner's Gunfire Surprises Armed Home Invaders

http://www.click2houston.com/news/3299916/detail.html ^

[gargoyle]

...Paragraph #9. Good. Paragraph #10. Hmmmm, could be what the meaning of defending life, liberty, and "property" means. Property could be construed as home. Nearby field. Might be construed as excessive force. Grey area. Waiting to see how it plays out...

...Personally, no sympathy for the perpetrators...

[Freedom2specul8]

"The alleged invaders dropped their weapons and ran into a nearby field"

HEH HEH

[Servant of the 9]

When did they change the law? It used to be that if you feared for life or property you could shoot, and if they fled and you feared they would return you could still shoot.

So9

[EvaClement]

Thanks for posting this.

E.C.

[KingKongCobra]

The law hasn't changed. There is no "fear they will return" clause. The problem here is going to be convincing a GJury that these fellows hiding in a field and potentially unarmed were a continuing threat. It could be done - we'll see. But, basically, after dropping their weapons and running off, the "threat" may be deemed over. It's up to the jury and really could go either way. If we find out there was previous bad blood between the two groups, it will most likely get interesting.

[freethinkingman]

Can I get an Amen brother?

[Mark]

It says 11:45AM-- daylight. There has to be more to this story-- drugs, maybe.

[El Gran Salseron]

"Any evidence out there?"

No real evidence as far as I know but based upon the address/location it is an area that I try to avoid in daylight hours and wouldn't venture into that neighborhood at night for ANY amount of money. :-)

[Euro-American Scum]

The resident reportedly spotted the suspects, chased them down and shot two of them.

Outstanding!

[Euro-American Scum]

I really love these kind of stories, but since they had left his home when he shot them, I'm concerned the DA may decide to file charges against them. What do you think? Was that legal?

Apparently so. Although we'll see if charges are preferred against the homeowner. You gotta love Texas, though.

[KitJ]

Anyone have a link to the recent spate of home invasion robberies in Atlanta? Many hispanic houses being broken into lately for cash. At least three different gangs working them. So far, no armed homeowners to stop the goblins.
Kit.

[hershey]

Wow, if this happened in Mass, the homeowner and his friends would be arrested so fast your head would spin. We have to make every effort to escape our home, and no chasing anyone down and shooting them in a field, either. God forbid we use force to defend anything we hold dear.

[jocko12]

This is what happens when try to rob a holy home and try to hide in a holy field. Good shooting.

[Atlas Sneezed]

"Investigators said five to six men, two of them armed with assault rifles, tried to break into a home..."

---

Gee, but I thought that "assault rifles" were able to "spray bullets" and leave "cops outgunned"?

How was the homeowner's puny pistol able to defeat an invasion by such formidable firepower?

[Ichneumon]

Wow, if this happened in Mass, the homeowner and his friends would be arrested so fast your head would spin. We have to make every effort to escape our home,

...leaving your wife and children behind with the invaders, if necessary...

[gimmebackmyconstitution]

Amen ! & pass the ammunition

[NRA2BFree]

Apparently so. Although we'll see if charges are preferred against the homeowner. You gotta love Texas, though.

I had no idea (before today) that you could do this in TX. It will be interesting to see how this plays out. :-)

[aruanan]

I really love these kind of stories, but since they had left his home when he shot them, I'm concerned the DA may decide to file charges against them. What do you think? Was that legal?

I think that if he had managed to track them down a couple days later and shot them, that would be a different story. But he was in hot pursuit of home invaders. They started the incident, which continued out of doors until he shot them.

[NRA2BFree]

I think that if he had managed to track them down a couple days later and shot them, that would be a different story. But he was in hot pursuit of home invaders. They started the incident, which continued out of doors until he shot them.

This TX law amazes me. In NM they have to have part of their body in your house before you can shoot them.

[ExSoldier]

"This could only happen in Texas. "

Well, I think Louisiana's law is a bit more liberal if that's the right word. A couple of years ago, I gather that both carjackings and home invasions were off the scale in that state and they passed a law that essentially made each crime non-punishable when repelled with lethal force by the property owner (car or home). Cops were ordered to take the report and let the shooter go. The Gov (Mike Foster?) said it was open season and no bag limits! Needless to say, crime rates plummeted.

Even here in Florida things are okay when lethal force is used as long as you follow the law, meaning that defense of property isn't enough. Your life has to be in imminent danger of loss or in great jeopardy. North and Central Florida is better than whiny liberal South Florida.