Cedar Hill Homeowner Shoots Driveway Burglar

[bigolbigun]

Fatal Shooting
December 5th, 2008
Jeff Brady reports
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CEDAR HILL — Police said a Cedar Hill resident shot and killed a person attempting to break into a vehicle in his driveway Friday morning.

The gunfire erupted at 7:30 a.m. in the 9100 block of Sleepy Hollow, one of the city's nicest, most established neighborhoods.

Police said the homeowner heard an alarm going off on his pickup truck. He grabbed a gun, went outside, and opened fire when he saw the alleged burglar attempting to remove a stereo system.

The suspect died at the scene.

"This is extremely rare," said Cedar Hill spokesman Corky Brown. "This is a really quiet neighborhood like most of ours in Cedar Hill. It's very shocking to the neighbors to have something like this occur."

The names of the homeowner and the suspect have not been released.

The homeowner has not been arrested or charged at this point.

[bdickens]

Gotta love these idiot reporters!

The homeowner has not been arrested or charged at this point.

Hello! Earth to Jeff Brady! (Brady, huh? Any relation?) Arrested and charged with what? Obeying the law? In case you haven't noticed, it is legal in Texas to use deadly force to protect your property.

[KD5NRH]

"This is extremely rare,"

One would hope so. I like sleeping in whenever I can, and early-morning gunfire is a very annoying wake-up call. On the other hand, it's still preferable to having burglars running around.

[bigolbigun]

One would hope so. I like sleeping in whenever I can, and early-morning gunfire is a very annoying wake-up call. On the other hand, it's still preferable to having burglars running around.

Funny and I agree.

[The Annoyed Man]

I know it isn't always the popular position, but I think the homeowner made a significant tactical error...

...He exited his home to confront the thief without being aware of the possible tactical repercussions. What if the thief had an accomplice on overwatch? What if the thief had an accomplice who sneaked into the house after the homeowner came out, distracted by the guy at the car? There's a lot of "what ifs" that could have gone wrong. They didn't, but they could have.

I'm less concerned about the homeowner's legal status. He'll probably get no-billed.

OTH, this part...

Police said the homeowner heard an alarm going off on his pickup truck. He grabbed a gun, went outside, and opened fire when he saw the alleged burglar attempting to remove a stereo system.

That is not how the local Fox News affiliate reported it that morning. According to them, the homeowner confronted the thief and ordered him to lie down. When the thief refused and tried to flee, that's when the homeowner shot him.

I don't know which version is true, but if it is the Fox News version, then maybe the homeowner could be in legal trouble. IANAL, and don't claim to know one way or the other.

[boomerang]

"This is extremely rare,"

One would hope so. I like sleeping in whenever I can, and early-morning gunfire is a very annoying wake-up call. On the other hand, it's still preferable to having burglars running around.

on both points

[BTin]

I personally disagree. I don't believe a car stereo is equal to a person's life. I don't care if it is lawful or not. I would try to detain the guy, and may even fight with him. But I am not going to shoot an unarmed person like this. Just my humble opinion.

[tarkus]

I personally disagree. I don't believe a car stereo is equal to a person's life. I don't care if it is lawful or not.

Please put up a WELCOME CRIMINALS sign so they will go steal your stuff instead.

[The Annoyed Man]

I will let my nerd show here. Criminals need to learn the equation that in Texas:

if (Break into a car || Break into a house)
{
Your.Body = Full of lead;
}

Wouldn't...

Code: Select all

<?php
     if ($person != UpToAnyGood) then {
          $person = leaves;
          } else {
          $person = shot;
     }
?>

...be what a slightly nerdier way of saying it?

[joseywales]

I personally disagree. I don't believe a car stereo is equal to a person's life. I don't care if it is lawful or not....

Me too.

...and may even fight with him.

Absolutely ZERO chance of that. If he runs away - so be it.

[KD5NRH]

I will let my nerd show here. Criminals need to learn the equation that in Texas:

if (Break into a car || Break into a house)
{
Your.Body = Full of lead;
}

Wouldn't...

Code: Select all

<?php
     if ($person != UpToAnyGood) then {
          $person = leaves;
          } else {
          $person = shot;
     }
?>

...be what a slightly nerdier way of saying it?

Bonus points to the first person who can say it in teco or APL.

[srothstein]

Well, I guess I am officially not nerdy enough any more. I could write it in FORTRAN, COBOL, Pascal, or BASIC if you like line numbers, but I don't use that new fangled stuff like PHP or APL.

But, I think the homeowner may be in bigger trouble than we would like. I will point out that the crime occurred at 7:30 AM. This is not nighttime in most places I can think of in Texas. The use of force is justified but not deadly force for this crime (burglary of a motor vehicle). There is some debate about whether the term burglary in 9.42 includes all burglaries or just the single section titled Burglary (30.02). I tend to think it does not since it includes both robbery and aggravated robbery.

But, if he tried to tell the guy to lie down and the guy fought or ran, he is trying to make a legal arrest for a felony charge. He can use force for that, though I doubt he could justify the deadly force under 9.51 either. I would use a defense of he might hit someone while running from the scene in his car, thus making it legal under 9.51(d)(2), but it is a real stretch.

I am not saying I think the homeowner did anything wrong. I certainly think he was right in his actions and hope the grand jury agrees.

Oh yeah, this case may bring up a point I have made before. When you catch a criminal int he act and tell him to freeze or stop, you are making an arrest. What are you going to do with him when he does obey, or if he does not?

BTin, I have to disagree with your proposed tactics in one area. NEVER EVER go fight with a stranger if you can avoid it. You can get killed or injured quite easily that way. One of the problems I have had in teaching young rookie officers is making sure they understand that in every fight, there is a good chance that someone is going to get hurt. Since there is always someone who is stronger, tougher, better trained, or just better motivated than you, there is just a good a chance of you being hurt as the bad guy. If you do not want to shoot him over property (and there is a lot of merit to that moral position), do not go out there at all. Call the police while he is in the act or the insurance company afterwards, but do not go out there with that attitude.