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Will be interesting to see how this works out for the homeowner- whatever happens it's going to cost him a whole lot more than the price of replacing a chainsaw and a nail gun.

It will be interesting to see how it works out, I agree.
One less thief. I am not boo hooing.

I like this.

"As he was leaving the victim shot seven rounds towards the suspect," Police Sergeant Tina Jones said.

At least the police have properly identified who the victim is.

baldeagle wrote:I like this.

"As he was leaving the victim shot seven rounds towards the suspect," Police Sergeant Tina Jones said.

At least the police have properly identified who the victim is.

It Tuesday afternoon on Pollydale Avenue on the city's southeast side.

Correct me if I'm wrong, but you can't shoot a fleeing suspect during the daytime...right?

omegaman wrote:

It Tuesday afternoon on Pollydale Avenue on the city's southeast side.

Correct me if I'm wrong, but you can't shoot a fleeing suspect during the daytime...right?

yep you are wrong, it says burglary and does NOT require the burglaty to be during the night time, so yea jumping the fence.....entry by force

BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:

(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or

(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or

(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

(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. ---
Last amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. September 1, 1994

If A fleeing suspect isnt endangering me or another after theft or burglary

There is no item I own that would not be covered by insurance.

Just Google Joe Horn and read on ..... wasn't even his stuff.

Horn was lucky because of the Grand Jury.. in refrence to my other post The above are my thoughts about property
and understaning of PC 9:42 I know many dont agree but I read as it is written.

o b juan wrote:Horn was lucky because of the Grand Jury.. in refrence to my other post The above are my thoughts about property
and understaning of PC 9:42 I know many dont agree but I read as it is written.

The perps in Horns situation crossed his property which was part of his defense. These guys jumped the fence onto the shooter's property. The question about recovering property day VS. night has never been absolutely clear to me. I've read that if you have no expectation/ability to ever recover what's being stolen deadly force may be justified to prevent the loss. I recall Harris County DA Johnny Holmes being questioned about a shop keeper following perps into a parking lot and being justified to shoot (daylight). His reply was yes, but I hear others saying it's not except at night.

This should be a non issue and hopefully it will be. Good riddance to those who steel the Labor of others...

" I read that if you have no expectation/ability to ever recover what's being stolen deadly force may be justified to prevent the loss"

That is not in the Texas penal code that I have. Where did you read that?

and you are correct in Penal code 9:41 you may use force to recover the property if you are in fresh pursuit..

jmra wrote:Will be interesting to see how this works out for the homeowner- whatever happens it's going to cost him a whole lot more than the price of replacing a chainsaw and a nail gun.

Yep, anybody remember how many years in the Big House the guy in Missoula, MT got for shooting the thief in his garage a couple years ago?