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Suspected burglar shot after allegedly pulling gun on homeowner(Texas)
WOAI.com ^ | 18 May, 2009 | Kristina De Leon

Posted on 05/19/2009 4:17:09 AM PDT by marktwain

SAN ANTONIO -- A man was shot to death after an apparent burglary late Sunday.

The shooting happened on the 5,200 block of Northwest Trails just before 11:00 p.m.

Police were called after a man's body was found in a grassy area on the side of the road. The 26-year-old had been shot and killed after police say he burglarized a home off Timber Laurel earlier in the night.

Investigators told News 4 WOAI the homeowner recognized the man who kicked in his door, and he and his brother were able to track the intruder down a few blocks away. They told police the man then pulled a gun and threatened them, leaving the homeowner's brother no choice but to shoot the 26-year-old.

Police are not sure if the homeowner's brother will face any charges, saying the shooting may be considered a case of self defense.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Texas
KEYWORDS: banglist; defense; home; tx
This is Texas. Many details are left out. If they recognized the man, could they have called the police? Not enough information to go on.
1 posted on 05/19/2009 4:17:10 AM PDT by marktwain
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To: marktwain

Yup, many missing details.

Called police? I would think they did. . . and followed the burglar, as they want to get their possessions.

As you pointed out, this is Texas where you have the right to protect yourself and your property, up to and including, deadly force.

Watching the burglar and following him is not unusual and I, personally, see nothing wrong with that.


2 posted on 05/19/2009 4:30:48 AM PDT by Hulka
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To: Hulka

” ... he and his brother were able to track the intruder down a few blocks away... “

Good thing this is Texas and not Mass., or the UK


3 posted on 05/19/2009 4:38:00 AM PDT by Blueflag (Res ipsa loquitur)
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To: marktwain

“If they recognized the man, could they have called the police? Not enough information to go on”

Call the police???????? What a worthless effort. When your need to have their immediate assistance is required, you will find out how worthless a call to them will be.

These Texans have been given the right to pursue a criminal who stole their property or threatened themselves or family. That right extends off the property if they are in “hot pursuit”.

They exercised their RIGHTS and the criminal will not bother anyone else nor cost the taxpayers any more money.

I live in Texas and hold that right with great reverence!


4 posted on 05/19/2009 4:38:49 AM PDT by DH (The government writes no bill that does not line the pockets of special interests.)
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To: marktwain

FAIL


5 posted on 05/19/2009 4:42:08 AM PDT by RichInOC (No! BAD Rich! (What'd I say?))
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To: marktwain

Legislative Session: 80(R)

Senate Bill 378
Senate Author: Wentworth et al.

Effective: 9-1-07
House Sponsor: Driver et al.

Senate Bill 378 amends provisions of the Penal Code and the Code of Criminal Procedure relating to the use of force or deadly force in defense of a person. The bill creates a presumption of reasonableness for the belief of a person who takes such action that the use of force or deadly force to protect the actor was immediately necessary and provides that the presumption would be reasonable if the actor:

1) knew or had reason to believe that the person against whom the force or deadly force was used unlawfully and with force entered, or attempted to enter, the actor’s home, vehicle, or place of business or employment; unlawfully and with force removed, or attempted to remove, the actor from the home, vehicle, or place of business or employment; or was committing or attempting to commit certain serious crimes;

2) did not provoke the person against whom the force or deadly force was used; and

3) was not otherwise engaged in certain criminal activity at the time the force or deadly force was used.

The bill provides that an actor who has a right to be present at the location where the force or deadly force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at that time is not required to retreat before using force or deadly force.

Senate Bill 378 also provides immunity from civil liability for a personal injury or death resulting from the use of force or deadly force to a defendant who was justified under the law in using such force or deadly force.


6 posted on 05/19/2009 4:52:25 AM PDT by wolfcreek ("unnamed "right-wing extremist")
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To: marktwain

He just needed killin’.


7 posted on 05/19/2009 4:58:41 AM PDT by nonliberal (Graduate: Curtis E. LeMay School of International Relations)
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To: marktwain

Seems they knew the perp and tried to cover it up. Info still sketchy.

From the San Antonio Express News:

05/18/2009 1:06 CDT

Police investigate Northwest Side shooting death

By Robert Crowe and Michelle Mondo - Express-News Police said a Northwest Side shooting death Sunday night could be justified in self-defense.

Witnesses told police that a 26-year-old man broke into a friend’s home in the 9600 block of Timber Laurel after he was kicked out of a bar for causing a disturbance.

Later in the evening, the owner of the gun confronted the alleged thief in the 5200 block of Northwest Trails.

The men struggled over the weapon before a third man, the gun owner’s brother, shot the suspect about 10:45 p.m., police said. The suspect died at the scene, while the shooter fled.

Police said the shooter likely would not face charges because he was defending his brother.

When detectives first arrived at the scene, the gun owner claimed to have shot the suspect, according to the police report.

A witness told police that the man urged everyone there to “shut up” about his brother’s role because he “would take the rap” for the incident, the document states.

The shooter eventually drove to police headquarters and confessed to shooting the other man in defense of his brother, police said. He has not been charged.


8 posted on 05/19/2009 5:03:41 AM PDT by deport
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To: marktwain
Suspected burglar allegedly shot after allegedly pulling alleged gun on suspected homeowner

There, I fixed the title.
9 posted on 05/19/2009 5:45:25 AM PDT by TalonDJ
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To: TalonDJ
"Suspected burglar allegedly shot after allegedly pulling alleged gun on suspected homeowner"

Yup. The world has gone nuts.

10 posted on 05/19/2009 6:33:20 AM PDT by blam
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To: Blueflag

Yeah. . .you got that right.


11 posted on 05/19/2009 2:42:16 PM PDT by Hulka
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