San Antonio Man Kills Intruder Not Charged

[101AirborneE8]

By the way, don't worry about admissibility of such a recording. If you are within your own house, there is virtually no restriction, and you don't have to advise the Dirtball that the incident is being recorded.

And in MANY states, you don't even need to worry when carrying a covert recording device on your person outside of the home, as long as ONE person involved in the conversation knows that it is there.

In legal terms, it is just a corroboration of your testimony.

Legal problems come when the device is left unattended with the purpose of recording something that you would, otherwise, not be privilege to. That is a "bug".

The way that you would be using it is a "wire".

 

[101AirborneE8]

csmkersh

While this thread started about a Texas shooting, this is being looked at by folks from all over. All that I was getting at was that you will never be sorry for putting yourself in as strong of a position as possible.

In 23 years of criminal investigation and narcotics work, I was only in one officer-involved-shooting.

I was never charged, never sued, and never disciplined.

Must have been a good shooting, huh?

 

[Mr_Rogers]

Airborne,
Thanks. I did not intend to say what I would intend to do (please note I used the word "could" not "would"). I was trying to point out that I had options and that all of these options would have arguments for and against. That is why we should carefully consider those options so that we know all of the implications.

You are correct. Although I think I could "tactically" out-flank an intruder with the "climbing off the porch" routine the results "legally" and "morally" may not be as desired. Now, another thing I "could" do is to head down my drive in the dark and close the gate across the drive thus trapping the intruder as he tries to escape, or even disable the intruder's car (he would have to have a car somewhere nearby). Certainly, I could call the police.

Sounds good hey! Trap him with the evidence and hold him until the police arrive. But what if he fights back after finding himself trapped and now I shoot him? Now I've definitely shot him during retreat. But I was protecting myself from his attack while he was trying to escape, I claim. No doubt his mother's attorney will claim I used excessive force to prevent his escape. We all know that none of this is simple but we had better think it through because it is, literally, the difference between a "no bill" and spending a few years with Bubba and his unpleasant friends.

In the OP case the shooter may avoid prison because of a particular Texas law. In other states he may not be so fortunate. It is like gambling. If you do not have a good idea of the rules and techniques don't play.

 

[bigdaddydan]

well god bless the castle doctrine law the bad guy got what was coming to him and god bless the NRA because without them texas would have never had a castle doctrine law or any other state who has implemented it either................

 

[csmkersh]

In 23 years of criminal investigation and narcotics work, I was only in one officer-involved-shooting.

I was never charged, never sued, and never disciplined.

Must have been a good shooting, huh?

Yes, it was a good shoot.

Myself, as a civilian, I was the shooter in two; both at night and both in Texas. Officers did not arrest me nor did they take my .357 for evidence. One officer suggested that maybe I ought to switch to a shotgun as he thought I'd missed my target.
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[BAT1]

I was born in San Antonio and I'm ashamed of what's happened to that city.

A man has got to know his limitations and pay for his actions. One more bad guy off the streets. Let's see CNN do a story on that. Not.

 

[101AirborneE8]

Air-borne!!!!!!!!!!!

 

[csmkersh]

Gawd, that reminds me of the guards at the gate at Campbell. They'd pop to attention, snap a salute to my Colonel, and shout, "Airborne," to which he'd replay, "All the way."
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[101AirborneE8]

.......and then some.

 

[saspic]

The determining factor in judging this thing for me has to be the fact the guy broke in two nights in a row. Once a criminal has identified a "soft target," they will hit it until they are stopped.

Another thing that may have been going through the guys mind is a very high profile home invasion that happened 5 days earlier.

http://www.mysanantonio.com/news/metro/stories/MYSA042508.01A.los_barrios_homicide.1f13110.html
http://www.mysanantonio.com/news/metro/stories/MYSA.050108.1A.barrios.b7cde07e.html
Viola Barrios started a Mexican food restaurant in the late '70's because, as a single mother, she simply had no other way to feed her kids and put a roof over their heads. It became a local institution. She remained hard working, often handmaking tortillas herself and declining to move into the luxurious house she could now afford.
Finally, at 76, she decided to move up from the decent house in the decent suburban neighborhood she had lived in for a couple of decades. (I lived a 2 minute walk away until I was 12!) The day before the move, the goblin next door broke in, put an arrow through her head, bought some gasoline with her card, and burned her body. (waiting for England to propose a "Robin Hood" ban)
They later caught him. The D.A. has said she wants to seek the death penalty, but the family wants to forgive and even tried to pay for his defense.

My point is, people here are much more aware of the dangers of criminals in their home, and the D.A.'s office doesn't seem to be showing leniency.

 

[beaucoup ammo]

“like to go string this guy up myself.” DA Reed is a woman who is short on words..big on action. One of the reasons we like her a lot.

The Alamo City has grown considerably more violent in the past few years as have many other places. CCW is up and criminals are starting to get the message: If they break in a house, try to hi-jack a vehicle or rob someone, they stand a good chance of paying sooner rather than later.

 

[Big45]

Crazy. I have had a man come into my house and sit down and have coffee at 2am. He was drunk and thought he was at home. I gave him some coffee and sent him on his way. I did not shoot him, or even yell at him. No harm done to anyone. This is not the wild west although it sound like many would like it to be. Sorry, but petty crime does not require shooting a fellow human being.

No one eye roll thingy'd this one yet?



You know that part I bolded, I hear that phrase used in certain camps all the time

I do not consider an unknown adult aged male in my residence without my permission, petty crime. I consider it an act of aggression. The law would deem it an "invasion" and dependant upon several variables, anywhere from a misdemeanor to a felony. If it were only me to worry about I might think about it for a split second. But since I am responsible for my family's well-being, I would not hesitate.

And one more thing....

GOD BLESS TEXAS

 

[csmkersh]

Naw, Big45. It would have been a waste of time and over his head. :banghead:

At the very least, he would have had to assume the position and wait for the cops.
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