Home Invasion Ends In Deadly Shooting
A well-known business owner in Tyler has his home broken into, and ends up shooting the alleged would-be burglar to death. The shooting happened early Saturday morning in a neighborhood police say does not see a lot of criminal activity.
Police responded to a house on the 900 block of Watkins Street in Tyler around 4:30 a.m. Saturday morning, after they received a call that a man had been shot.
Tyler police say the owners of the home in South Tyler were asleep when a man tried to break into their home. "They were woken by hearing something beating on the front door, and then the door was actually caved in as the person was making entry," said Tyler Police Department Sergeant Bill Goecking.
Police say the homeowner, Robert Delk, grabbed his handgun for protection. When the alleged intruder got the door open, police say the homeowner shot and killed the man. "We arrived and the subject was taken to medical center hospital and pronounced dead at the hospital," said Goecking.
Police identified the alleged intruder as Justin Herrera, 22, of Tyler. Police say Herrera just recently moved to East Texas from Fort Worth and is a student at UT Tyler. According to authorities, records in Tarrant County show officials there have dealt with Herrera, but the details are unknown.
Police sayDelk did not know Herrera. Delk is well known in the Tyler community for his photography business located in South Tyler. Police say they don't often get called out to Delk's neighborhood.
"The neighborhood's been pretty calm," said Goecking. "This is a very unusual thing for this neighborhood, especially the 900 block of Watkins."
The big questions that remain are why Herrara chose Delk's home and what was he going to do once he got inside.
Police say an autopsy will be performed on Herrera to see if drugs or alcohol were a factor. At this time, police say no charges will be filed against Delk, but it is still an ongoing investigation.
Molly Reuter, Reporting. [email protected]
Texas Homeowner shoots Home Intruder
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Cromlech
Member
Shame he had to kill someone, but when a man has broken into your residence in the small hours, you never know what he has in mind for you.
Standing Wolf
Member in memoriam
Actually, I'd guess the big question is how long it's going to take the criminal's family to snivel and whine that he was a good boy and the mean nasty terrible awful horrible evil citizen should have fired a warning shot instead of needlessly killing their poor, innocent, et cetera, et cetera, et cetera.
It usually seems to take the criminal's relatives no longer than half an hour to trot out the standard snivel.
The Real Hawkeye
member
He did what any reasonable person would do if someone was breaking down his door. It is reasonable to assume that anyone breaking down one's door, unless he's a fireman coming to rescue you from a burning building, intends harm. Certainly a good shoot.
mosttoyswins
Member
Tragic but understandable.
The local paper reported that the handgun used was a .44 magnum. At least two rounds fired. The article in the paper said that Herrera made it from the doorway back out to the driveway before collapsing. He died later at the hospital.
An interesting tidbit is that the Tyler mayor lives across the street. Another neighbor is a newspaper reporter who covers a lot of the local crime stories.
Looks like the goblin picked the wrong house in the wrong neighborhood.
An interesting tidbit is that the Tyler mayor lives across the street. Another neighbor is a newspaper reporter who covers a lot of the local crime stories.
Looks like the goblin picked the wrong house in the wrong neighborhood.
A truly sad story for the homeowners, even though they rightfully survived the ending.
I noted that the goblin crashed down the door, was shot with a 44 mag, and managed to stumble back to the driveway. Wow. I wonder what the autopsy will show that he was hopped up on?
I noted that the goblin crashed down the door, was shot with a 44 mag, and managed to stumble back to the driveway. Wow. I wonder what the autopsy will show that he was hopped up on?
Understandabe? Yes.
Tragic? No. The world is a better place now without the likes of Herrera in it.
If Delk has his head on straight he shouldn't be emotionally traumatized or even feel bad for very long about what happened. He did what had to be done to protect himself, his family and his property. Instead he should be proud that he had the courage and the will to do what was necessary.
chris in va
Member
Hmm. I'm thinking he could have given the intruder at least a verbal warning like they teach us in the defensive classes.
Sounds like he really wanted in though. No telling what he was thinking.
Sounds like he really wanted in though. No telling what he was thinking.
No class I've ever taken advised giving a verbal warning. If lethal force is called for then you apply it - you don't lower your chances of getting out of the lethal force situation alive by giving a verbal warning.
If you don't mind me asking - what defensive class did you take that advised a verbal warning?
TexasRifleman
Moderator Emeritus
So over and over I've heard the 'experts' here claim that in Texas you are ALWAYS charged and the case is sent to the Grand Jury regardless.
This and other cases seem to indicate that is not so, at least yet.
So I would say that in Tyler at least the DA has a clue.
And THAT is the wackiest thing I've heard in weeks; and where in the WORLD are you getting training?
Erebus
Member
I'm sure he moved from Fort Worth to East Texas because he was turning his life around.
Hypnogator
Member
The sketchy newspaper account of the incident doesn't give us any reason to think he didn't give a verbal warning before firing. If he did, fine. If he didn't have time to, and didn't, also fine.
If you don't want to get shot, don't go breaking into other people's houses in the middle of the night!
sicario103
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It's always like that. BG killed while committing a crime, family snivel and whine on TV that he was a decent family man, a good student, never got in trouble, a hard working man, and that he never hanged around shady friends (even when he's got a trail of criminal record enough to keep all bums in the world warm for winter). The name of the game is....... cash.....
Somone bust your door open in the middle of the night, if he ain't a cop or a fireman, he ain't up to no good. What he was dying to try your wises caserole?
elric
Member
I'd think that a locked door that he had to spend some time breaking down was enough warning that he wasn't welcome inside.
Big Calhoun
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Actually, a Dallas News article does mention that it will be presented to a grand jury but charges aren't expected. They also mention that the shooting victim had a little bit of a record. Somehow at X:XX in the morning, I don't think the kid was there for a booster fundraiser.
WESTTX357
Member
So over and over I've heard the 'experts' here claim that in Texas you are ALWAYS charged and the case is sent to the Grand Jury regardless.
This and other cases seem to indicate that is not so, at least yet.
So I would say that in Tyler at least the DA has a clue.
In Texas anytime force is used and results in death the case must go before a grand jury according to state law and in cases like this the DA goes in and presents the case and then states that the shooting was in accordance with state law and ask the grand jury to return a no-bill which cleares the shooter of any criminal charges.
This and other cases seem to indicate that is not so, at least yet.
So I would say that in Tyler at least the DA has a clue.
In Texas anytime force is used and results in death the case must go before a grand jury according to state law and in cases like this the DA goes in and presents the case and then states that the shooting was in accordance with state law and ask the grand jury to return a no-bill which cleares the shooter of any criminal charges.
Brutus45
Member
As for me..
If someone enters my house by breaking the door down, they will not be given a chance to show me either!
If someone enters my house by breaking the door down, they will not be given a chance to show me either!
Big Calhoun
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So let me ask, what if the guy would have only wounded the suspect. Are they still required to present to a grand jury? I only ask b/c if not, it would go against a lot of the convential wisdiom you see out there that says 'shoot to kill'.
WESTTX357
Member
"So let me ask, what if the guy would have only wounded the suspect. Are they still required to present to a grand jury? I only ask b/c if not, it would go against a lot of the convential wisdiom you see out there that says 'shoot to kill'."
If they guy would have just been wounded then the case would only go to the grand jury if the DA decided there was a violation of the law on the homeowners part .
If they guy would have just been wounded then the case would only go to the grand jury if the DA decided there was a violation of the law on the homeowners part .
TexasRifleman
Moderator Emeritus
That's how I've always heard it presented, but it doesn't exactly make sense to me, not being a lawyer.
If Texas law says your home is your castle, which I understand it does, then why all this Grand Jury stuff?
Why don't DAs just drop it. Seems like
a) a waste of money and
b) a good way to get an innocent person in trouble because of some overzealous DA or whatever.
Oh well, guess I should have gone to law school to really understand it all.
"...Justin A. Herrera, a 22-year-old University of Texas at Tyler student from Fort Worth..."
Hey, TexasSIGman: Would you folks over there in Ft. Worth please hang on to your dirtbags? We already have plenty here.
What part of town do you live in? My wife and I grew up on the west side & lived in Arlington Heights before we moved over here to Tyler.
Rick
Hey, TexasSIGman: Would you folks over there in Ft. Worth please hang on to your dirtbags? We already have plenty here.
What part of town do you live in? My wife and I grew up on the west side & lived in Arlington Heights before we moved over here to Tyler.
Rick
Blackfork
Member
Tyler Shooting.
I'd hold on on deciding what the story is on this one for a bit. I'm a Tylerite and know some of the folks involved, and knowing them, I bet there is another shoe waiting to be dropped.
I'd hold on on deciding what the story is on this one for a bit. I'm a Tylerite and know some of the folks involved, and knowing them, I bet there is another shoe waiting to be dropped.
Big Calhoun
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This was my thinking when I initially heard about this in CHL class. But it wasn't like that was the proper venue to get into it; 'preaching to the choir' type situation.
But it just seems like it would save an awful lot of heartache, paperwork, money, and other resources if when an act of SD is declared a 'clean shoot', that it just goes no further. Whether it would cost me $10,000 or $50,000 to go through that process, it just doesn't make any sense if all the DA is going to say is, "...followed rules...clean shoot...return no bill"
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