Homeowner Shoots Suspected Backyard Burglar | NBC 5 Dallas-Fort Worth

 

A homeowner in Dallas says he shot a man suspected of burglarizing his backyard shed.

 

The homeowner, who did not want to be identified on camera, said the family's alarm system went off around 5 a.m. Monday, alerting the homeowner to someone breaking into their storage unit.

 

The man, who said he has a concealed weapons permit, said he grabbed his .45 caliber gun, went out into the backyard, and discovered a man walking out of the shed with an edger and weed eater.

 

The homeowner said he told the alleged burglar to stop. That's when the alleged burglar dropped the equipment and jumped the fence to an alley. The homeowner said he fired several rounds and hit the man.

 

Police said the alleged burglar was hit in the arm, ribs, and leg by the gunfire, but managed to make it back to his apartment. The wounded man then called police for help and an ambulance took him to Baylor Medical Center in Dallas.

 

 

 

Everything is a little more lenient in Texas with gun control but I would think the homeowner would be charged. The suspect did not threaten the homeowner and was running away.

Homeowner Shoots Suspected Backyard Burglar | NBC 5 Dallas-Fort Worth

 

A homeowner in Dallas says he shot a man suspected of burglarizing his backyard shed.

 

The homeowner, who did not want to be identified on camera, said the family's alarm system went off around 5 a.m. Monday, alerting the homeowner to someone breaking into their storage unit.

 

The man, who said he has a concealed weapons permit, said he grabbed his .45 caliber gun, went out into the backyard, and discovered a man walking out of the shed with an edger and weed eater.

 

The homeowner said he told the alleged burglar to stop. That's when the alleged burglar dropped the equipment and jumped the fence to an alley. The homeowner said he fired several rounds and hit the man.

 

Police said the alleged burglar was hit in the arm, ribs, and leg by the gunfire, but managed to make it back to his apartment. The wounded man then called police for help and an ambulance took him to Baylor Medical Center in Dallas.

 

 

 

Everything is a little more lenient in Texas with gun control but I would think the homeowner would be charged. The suspect did not threaten the homeowner and was running away.

 

That's what I was thinking. Seems like in my CCDW course they told us we can't shoot if the intruder is running away or has his back to you. You aren't being threatened in that scenario.

I might have this wrong but this is what was told years ago by my brother in law when they lived in Texas. You needed the intruder in your house. You shoot him going out the door and he falls fine. After he is out if the house it's a no go. Now that's been 12 years or so ago so take that as you will.

You cannot use deadly force to protect property. If/when somebody enters your home, you can use deadly force. I'd expect the shooter to get charged.

This going to sound very stupid but does firing a gun automatically make it deadly force? If you aim to shoot the person in the leg and hit the leg does that mean you went to far?

 

I'm going assume if you discharge a weapon it is considered deadly force. Even if the point is to wound the person to the point they cannot flee. In this case it appears as if the guy let rounds go.

You cannot use deadly force to protect property. If/when somebody enters your home, you can use deadly force. I'd expect the shooter to get charged.

 

You can if they are committing arson--no matter where they are located.

Considering its Texas I bet they deputize him.

You cannot use deadly force to protect property. If/when somebody enters your home, you can use deadly force. I'd expect the shooter to get charged.

 

I understand the part about protecting property, but am curious about the "home" part. Say, you're in the back yard, and someone breaks into your house, and comes out the back door straight towards you. Obviously they've already committed a crime (breaking and entering, and possibly even theft)...so does being outside of the building, but still on your own land, allow you to shoot?

Hate that the guy was shot and I'm no champion for all the NRA does, but if you shot more burglars, the crime rate would be affected in a more positive way. Gonna be tough for the intruder to make it to the pawn shop now ain't it?

I can't think of one thing I own that is worth killing some over. Come at me or my family and Ill shot you dead or at least try until I run out of bullets. However if you're stealing from me I just can't see shooting someone.

I can't think of one thing I own that is worth killing some over. Come at me or my family and Ill shot you dead or at least try until I run out of bullets. However if you're stealing from me I just can't see shooting someone.

 

Farmers used to use rocksalt. Seemed to be a non lethal deterrent.

I can't think of one thing I own that is worth killing some over. Come at me or my family and Ill shot you dead or at least try until I run out of bullets. However if you're stealing from me I just can't see shooting someone.

 

You take my bike and I'm probably shooting at you...

You can if they are committing arson--no matter where they are located.

 

In KY, yes. Not sure about Texas.

 

There is no indication of arson here, though.

You cannot use deadly force to protect property. If/when somebody enters your home, you can use deadly force. I'd expect the shooter to get charged.

 

Is there a fleeing felon law in Texas that gives victim's some rights against a fleeing felon?

 

I found this:

 

 

Sec. 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.

 

PENAL CODE  CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

Don't want to get shot? Don't come on my property and steal from me...

 

Not that I WOULD shoot a thief, but strongly feel that the law should protect the victims... not the criminals.

The property owner wasn't out looking for trouble. Trouble came looking for him. Screw these criminals. Quit protecting them!