Would it have been justified?

[fickman]

and there is no reasonable way to get it back without placing yourself in harms way....

. . . and one thing that muddies this principle is INSURANCE. You might not get that specific unit back, but if you have insurance, you can get it replaced. A cunning DA will plant this idea in the minds of a grand jury.

I think the OP did exactly right. Stop the burglary, maintain a safe distance, and evaluate the situation. If the BG charged, the threat is now against his person, and deadly force would be justified. Since the BG ran the other way, there's no sense in risking missing him, not having justification, or spending the money on a legal defense team.

Well done. Can you provide a link to auto security system you have?

Insurance seldom pays 100%,

Right. But deductibles are typically cheaper than lawyers.

[Excaliber]

My force or his? I think that yes there are LEO's that have a issue of CHL's carring cause they want that all to themselves. I think the law is the law and we have a right to defend our lives and our property to what extent that is on each person to decide. Let me tell you everyone can say what they would have done I did what I felt was right for me at the time and I have to take what comes with it. All I know is drawing my gun for any reason is not something I want to do ever, but will if my life or my familes is in danger. We here a lot of what people think might be the law but not what the real law is because its so not clear which is typical politics called talking out both sides of their mouths. I would not shoot a person for stealing out of my car, but I sure want him to know that yes I could have and I want to be ready in case he pulls out a gun or knife and comes out me. The last thing you want is to try and get ready for the attack you should be ready. D

David,

The discussion of "what ifs" and reexamination of the pertinent laws in light of a real incident related on the forum is a healthy way for everyone to learn from what one person experienced. It should not be taken as criticism of how you acted in real time.

IMHO, you did just fine in the situation you were confronted with.

[dicion]

I would not shoot a person for stealing out of my car

Same here, normally.

However, if they break into my car, which I know has a loaded weapon in it, to me, they are now armed, with my gun.
In such a case, I would have no hesitation to shoot.

Getting shot with your own gun is at the top of the list of things you should never let happen

[seamusTX]

David, I am asking which police agency the officer that said you should have shot the mope is with, if you want to reveal that.

This does not sound like Houston PD, from what I have heard about them.

- Jim

[casingpoint]

Your gut inclination not to pull the trigger son another human being is quite common. I have experienced it three times, all with favorable outcomes. Into The Kill Zone Author David Clinger has an entire chapter devoted to this phenomenon in police officers. The book is interesting and informative reading by a former city cop, now a professor of criminology, on a topic one would rather not learn by doing.

[USA1]

Your gut inclination not to pull the trigger son another human being is quite common. I have experienced it three times, all with favorable outcomes.

i've been there once...quick true story..

3am, house alarm goes off
jump up , grab 12 gauge
alarm co. calls
says " looks like its your kitchen window "
make sure kids are safe in their rooms
creep down stairs to kitchen
safety off
finger on trigger...
heart pounding.....
nothing .
alarm co. says "sometimes the wind can trigger it "

i really thought i was going to have to stop a threat that night.
thank god i did'nt have to
but i know i can ,and will , if given no choice

[stroo]

You did good!

[joe817]

usa1, your senses were at condition red, full alert. You were taking measures to protect you and yours. Your survival instincts were kicking in. In other words you were prepared! And that is good testament to you.

Thank God there WAS no intruder in your home. But if there had been you and yours stood an excellent chance of survival.

Ever alert.....ever mindful, keeps us safe.

[USA1]

usa1, your senses were at condition red, full alert. You were taking measures to protect you and yours. Your survival instincts were kicking in. In other words you were prepared! And that is good testament to you.

Thank God there WAS no intruder in your home. But if there had been you and yours stood an excellent chance of survival.

Ever alert.....ever mindful, keeps us safe.

thanks Joe, i consider it as a "practice drill "

next time might be real

[Dexdahex]

Sorry to hear what happened, I would have responded the same way as stuff can be replaced, however if I felt in danger, all bets are off for the BG... IMHO

[03Lightningrocks]

I would not shoot someone for stealing my car stereo, day or night. I am not sure I would even attempt to make them lay on the ground for the police. One concern I would have is that they have a buddy lurking around somewhere that I can't see. No way do I want to have a shoot out with bad guys over a stereo. I have insurance and if the insurance company wants to shoot it out with bad guys to save themselves some money, I am more than willing to allow them to do it. You did good in my humble opinion. I would have my gun ready and I would have told them to get away from my vehicle. If they chose not to run away, they just made it into something I can feel real good about doing. It's not my job to rid the streets of vermin. I am not Batman and I don't have a Robin to watch my back. I am a tough guy, but not anxious to prove it. Nope...I wouldn't have shot either.

As a side story. A couple years ago I had a stereo stolen from my truck in my driveway. It was at night. The next morning I had an officer make a very similar comment to the one the officer you spoke of made. Surely they aren't serious when they say stuff like that.

[AWB09]

It looks like dwhitley made the right decision for him. It all worked out. That doesn't mean it would be the right decision for someone else in a similar situation. Doesn't mean it wouldn't be. We don't know in advance. Both the criminal and victim are different so that changes the whole equation. Some authorities say victims should cooperate and not fight back, even for rape. Some people are willing to shoot to protect their property. There's a wide range of morality. There's also a wide range among criminals from the easily scared off petty thief to the ultraviolent criminal who will shoot you without a second thought.

[Jungle Work]

Might want to look in the Texas Penal Code under Chapter 9.

Jungle Work

[howdy]

This is a great post and great answers. It is a good idea to run scenaios through your mind while you lay in bed at night. There are a lot of what ifs out there. I bet this whole episode only took a few seconds. How many car alarms have we all heard that did not mean something bad was happening. (99.9%). I am sure it was a total shock to actually see someone emerging from your car. Things to remember:

Try to confront this guy from behind cover. His action is faster than your reaction so he might get the first shot even with you pointing your gun at him.

He had friends...they might be armed and get the first shot.

The Police will arrive at a "shooting" and the BG's friends are going to swear up and down that he did nothing to provoke the "cold blooded killing of an ex alter boy" Lawyer costs, court costs, etc.

If you shoot the BG, he has family, friends, gang members, etc that will come after YOU and yours. Make it count. After much soul searching, I have decided that I carry my gun for ME and my FAMILY. Are there exceptions to this decision? I'm sure there are but I won't know that until the situation arises.

You are responsible for every round from your gun, the bad guy doesn't care.

Short story: I have only pulled my gun once and that was at home. It was just about dusk on a Saturday night when the doorbell rang (ding dong, front door) numerous times. I looked out a window to see who it was and I saw an old pickup truck in front with a guy leaning up against it. I figured they were a yard crew wanting to cut my trees, put out bark mulch,etc, so I ignored them. Then I heard my door bell go just go ding (side door) several times. I then heard what I thought was the door being tried. I went out our back door to see if I could see what was happening (keeping behind cover) and I noticed that the hatch back of my wife's Expedition was open. It was at this time that a big stranger in my driveway saw me and started walking toward me. I pulled my Glock and kept it out of the strangers site and ordered "stop, halt, show me your hands" when the stranger said "Time Warner Cable, we are here to bury your cable line." No phone call from the cable company....they were about 2 weeks late doing this job...my wife had left the hatch up on her car, maybe I didn't hear him try the door. Things could have gone south real fast and I would have been in a heap of trouble, expense or both. He never saw my Glock and I sent him on his way.

Be careful out there.

[USA1]

howdy,
it sounds like you have a good head on your shoulders..
anyone who is going to assume the huge responsibility and level headed thinking thats needed with having a CHL
should take note of what you just shared..
... :tiphat:i applaud you