BG Dead after trying to break into car

[Teamless]

http://www.click2houston.com/news/HPD-H ... index.html" onclick="window.open(this.href);return false;

Investigators said the homeowner heard some commotion, walked outside and spotted a man with a shovel trying to break into his car, so he opened fire, shooting the suspect.

Not sure I could shoot someone for breaking in my car

[Keith B]

This will be an interesting case to see how it plays out. Burglary of a motor vehicle is only a misdemeanor. Additionally, the there is a gotcha in TPC 9.42:

§ 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.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

I am sure this one will go to the GJ. Will see if they decide to no-bill.

[77346]

Not sure I could shoot someone for breaking in my car

Neither do I. Not a whole lot of details on the story to understand what happened... if the guy with the shovel was running towards the homeowner maybe...

[AEA]

(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;

Happened at 6am.
Still dark.

I believe he is OK and that this should send a strong message to those that commit crimes at nighttime.

[Valor]

(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;

Happened at 6am.
Still dark.

I believe he is OK and that this should send a strong message to those that commit crimes at nighttime.

In full agreement of your assessment. Hope the grand jury see it the same.

[2firfun50]

(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;

Happened at 6am.
Still dark.

I believe he is OK and that this should send a strong message to those that commit crimes at nighttime.

In full agreement of your assessment. Hope the grand jury see it the same.

Sunrise was not until 6:41 am in Houston.

[powerboatr]

(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;

Happened at 6am.
Still dark.

I believe he is OK and that this should send a strong message to those that commit crimes at nighttime.

In full agreement of your assessment. Hope the grand jury see it the same.

Sunrise was not until 6:41 am in Houston.

pretty dumb criminal using a shovel.....bet he never heard the line "sound travels"

[JJVP]

Houston police said the homeowner was in the country illegally and owned a gun, which is against the law.

I think he will end up in jail. IMO, he was justified on the shooting. However, being illegal with a gun is another story. On the other hand, since the Feds think that illegals have more rights than the rest of us, maybe he will be given a medal.

[Keith B]

Houston police said the homeowner was in the country illegally and owned a gun, which is against the law.

I think he will end up in jail. IMO, he was justified on the shooting. However, being illegal with a gun is another story. On the other hand, since the Feds think that illegals have more rights than the rest of us, maybe he will be given a medal.

That is newly updated info in the link since it was first posted. Yep, he's toast.

[AEA]

With that new information I agree he is in deep trouble.

But, guess what? Eric Holder will recruit him to smuggle guns back down South in "Fast & Furious II - The Sequel".

[philip964]

Was the BG an undocumented immigrant? If so, were they from the same country, if so, would it be judged on the laws of their home country rather than Texas law. Or would would we use UN law. Then he would be toast.

How did the police find out he was an undocumented immigrant, did he just blert it out. I thought it was against City policy for the police to ask. I thought Houston was a sanctuary city?

[recaffeination]

If the thief looks like Obama's son they will crucify the White Hispanic.

[AEA]

(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means;

Well, if he is an illegal immigrant, he probably had no insurance on the car and as such, he qualified again!