Forced Entry at Neighbor's House

[pdubyoo]

I had a talk this evening with a neighbor that lives next door to the house that was robbed. We chatted a bit about the incident at his neighbors house, and he said that one of the neighbors from down the street saw the BG as he was leaving the house, pulling out of the driveway. He has a distant description of the BG and his car, but no tag # or anything that is traceable. Drats!

He went on to tell me that this forced entry thing has his wife really messed-up. She just had a baby about 4 or 5 months ago, and she struggled with post-pardom depression after the delivery. This really has her worried...so much so that they went looking at some very rural property outside of Conroe today. He said they don't want to be around when things start really getting bad. Now, my neighborhood is very safe, as it goes. There has been some random crime, but mainly "yoots" going around breaking-out car windows for the fun of it. The cops caught them...foot chase through the neighborhood...they ran home. But the neighborhood is far from crime-ridden. We have a very active crime watch group that meets monthly, and we are connected on a neighborhood forum. It's a real shame that this event has shaken them like it has.

He also told me that his wife absolutely will not allow a gun in the house. After hearing about her post-pardom depression...maybe that's a blessing in disguise.

Edit: Sp

[Kythas]

I was kinda thinking the same thing about the lawn crew being a possible cover-up.

Just out of curiosity, you said you have written permission from your neighbor to use dealdy force to defend his house; is this some type of legal binding document or just make-your-own document that you and him signed? And would it hold up in a court of law?

Condolences to your neighbor.

It should hold up in a court of law. Note Texas PC 9.43: PROTECTION OF THIRD PERSON'S PROPERTY:

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person's land or property; or

(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

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

Now, I am not a lawyer, but I believe this tells me that if a neighbor asks me to watch their house for them, I am justified in using deadly force to protect my neighbor's property. If my neighbor gave me a document in writing specifically requesting said protection, that would be hard to refute.