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Posted on 09/05/2006 8:00:03 AM PDT by DaveLoneRanger
SEGUIN — As most families were sleeping soundly early Labor Day morning, a local homeowner shot and killed a man who smashed through the back door of his home.
“The homeowners, who were asleep, awoke to a living nightmare,” said Seguin Police Department public information officer Aaron Seidenberger. “A person had broken into their home, and now they were violently struggling to get the suspect to leave.”
After breaking into the home at 798 Renee St. at 5:20 a.m., the man made his way down the hallway to the homeowners’ bedroom, where the husband and wife awoke. The male homeowner physically struggled with the burglar, who had armed himself with a wooden club-like object he found inside the home, police said.
The homeowner retrieved a gun from his bedroom and yelled for the man to leave. When the burglar charged, the homeowner shot the man at least once in the upper torso with a .40 caliber handgun, said Police Chief Luis Collazo.
“He shot from 10 feet or less,” Collazo said. “It’s point and shoot.”
The man staggered out the back door and fell to the ground. He was pronounced dead at the scene by Justice of the Peace Darrell Hunter.
Burglaries are a common occurrence in every city, even small town Seguin, Seidenberger said. It’s not unusual for a burglar to enter a home unarmed, grab a pillowcase and fill it with whatever he can carry.
But the Monday morning incident struck officers as odd for a number of reasons.
“Nine times out of 10, the guy breaks in and will run if the homeowners show up. But instead of fleeing, he chooses to attack?” Seidenberger said.
“What I find strange to it is the person chose to stay and fight. That’s what we don’t have every day. It’s not common at all that the burglar gets shot and killed.”
Collazo said the home would not have appeared empty to any would-be criminal.
“There were cars in the driveway — two,” he said.
The department is awaiting toxicology reports to determine if drugs or alcohol played a role in the man’s behavior.
As of press time, authorities were working to confirm the identity of the deceased. The suspect was described as a 5-foot-9, 200-pound Hispanic male.
The man was not carrying a wallet and a car was not found nearby, Collazo said.
The suspect’s body was taken to the Travis County Medical Examiner Office in Austin, where officials can use dental records, fingerprints and DNA to determine the man’s identity.
The Seguin Police Department entered photos of the suspect into a database and was exploring possible leads, also.
“We have some idea who he is, but we’re not for sure,” Collazo said. “I’m confident in the next day or so we’ll know who this person is.”
Officers did not disclose the identity of the homeowners and said the couple, who are in their late 40s or early 50s, did not want to talk about the incident with the media.
Though the homeowner is undoubtedly dealing with the psychological impact of his decision, Seidenberger likened the incident to an officer having to shoot a suspect in self-defense.
“He has to look at it [from the viewpoint of] ‘If I had not done what I did to protect myself and my wife, then I might not be here.’“
Collazo said the family was shaken by the morning’s events but was receiving support from friends and family.
“The neighbors were unbelievably supportive and very caring,” Collazo said. “There were four or five families out there immediately consoling the homeowners. This is a very close-knit and quiet neighborhood. That tells me two things — that crime can happen anywhere, and you and your neighbors make all the difference in the world.”
The homeowners were not visibly injured in the incident, said Lt. Mike Watts. No charges will be filed against the homeowner, Collazo said.
**sniff**..I love a happy ending..
His civil rights were violated. Call Jesse.
"Nice shootin', Tex."
You were just three seconds away from being in before the ping. *Whew*
Never bring a "wooden club-like object" to a Texas gunfight.
...another Proud Texan moment.
I'll bet Aaron has a police-procedural novel in his desk drawer, looking for a publisher :-).
“He shot from 10 feet or less,” Collazo said. “It’s point and shoot.”Bumper sticker idea, if it's not already out there. Gun Control. Point and click.
Shot placement is everything. :)
"It’s not common at all that the burglar gets shot and killed".
Doesn't read FR much, does he.
Sad that a homeowner has to be traumatized in this fashion.
Thank God he was able to defend himself and his wife.
I wonder if "leave here" in English sounds like "come here" in Spanish? Mengis aqui? Nah, just stupid......
However, the good new is that the good guys won!
That's one less in the gene pool.
local homeowner shot and killed a man who smashed through the back door of his home.
.
.
.
GOOD
It wasnt double tap, but good enough for the scoreboard in the sky.
Eh, he has a point. Usually, burglar discovers that the homeowner is there and has a gun and flees. For some weird reason, most people warn the burglar that they have a gun and thus provide the perp with an opportunity to flee.
"Firearms: The Original Point & Click Interface"
I like that bumper sticker, we should look into making one, if it doesn't exist already.
This is COMPLETELY UNFAIR. This was a good shoot, and the homeowner should have first dibs on getting this thing stuffed and mounted. Would look great over the fireplace.....
WHOA, Seguin is such a nice pleasant little town. Wonder if they aren't being over run by UknowWho. Bet 99% of the citizens there now keep guns loaded.
I like to think of it as more of a "Click and Drag" interface....
I hope he suffered.....
It's rural Texas. 99% of the residents kept loaded guns anyway.
I'd give the guy a medal. Nothing wrong with a citizen execution of a felon.
I agree, it's a mistake. Texas law says that you don't have to warn an intruder, nor retreat, so why bother?
This should discourage at least some of the violent burglars.
Most normal people don't want to be forced to kill another human being.
Illegal aliens terrorize homeowners that Americans won't.
___________________________________________________________________________
http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000009.00.htm
SUBCHAPTER D. PROTECTION OF PROPERTY
§ 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
in lawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
prevent or terminate the other's trespass on the land or unlawful
interference with the property.
(b) A person unlawfully dispossessed of land or tangible,
movable property by another is justified in using force against the
other when and to the degree the actor reasonably believes the force
is immediately necessary to reenter the land or recover the
property if the actor uses the force immediately or in fresh pursuit
after the dispossession and:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
is justified in using force or deadly force against another to
protect land or tangible, movable property of a third person if,
under the circumstances as he reasonably believes them to be, the
actor would be justified under Section 9.41 or 9.42 in using force
or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful
interference constitutes attempted or consummated theft of or
criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection
of the land or property;
(B) he has a legal duty to protect the third
person's land or property; or
(C) the third person whose land or property he
uses force or deadly force to protect is the actor's spouse, parent,
or child, resides with the actor, or is under the actor's care.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.44. USE OF DEVICE TO PROTECT PROPERTY. The
justification afforded by Sections 9.41 and 9.43 applies to the use
of a device to protect land or tangible, movable property if:
(1) the device is not designed to cause, or known by
the actor to create a substantial risk of causing, death or serious
bodily injury; and
(2) use of the device is reasonable under all the
circumstances as the actor reasonably believes them to be when he
installs the device.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 913, ch. 342, § 6, eff. Sept.
1, 1975. Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
Burglars and home invaders have resigned their membership in the human race, as far as I and most other Texans are concerned.
Great story, but this article is written like a 5th grader wrote it. Didn't he learn about paragraphs in journalism school?
Heh - speaking of which, at least the giant blood pool is outside, as it's a b***h to get out of carpet.
Gun- the best point and click interface
Ooops, *she*.
“It’s point and shoot.”
Yep. A good ending to this story.
This is the feel-good story of the day. Thank you, Sequin homeowners! YOU ROCK!
God Bless Texas!
"No charges will be filed against the homeowner"
Anywhere but Texas, the homeowner would have been better off dragging the body back into the house.
Certainly one cop who "Gets It".
Actually, no. The blood trail would have rendered that unnecessary.
But it sounds like his heart's in the right place, anyhow.
Or who appreciates the fact that he won't have to do the paperwork booking the perp, nor will he have to waste time in court, etc., etc.
"I'll bet Aaron has a police-procedural novel in his desk drawer, looking for a publisher."
- I can even suggest a title for Aaron's book. The unused book title that one of the detectives was writing on the old Barney Miller TV series - "Blood on the Badge".
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