A Nurse with a Gun

Saturday, April 19, 2008

Texas Contrast

When seconds count..........The police will show up eventually and shine a flashlight through your broken window.

An Oak Cliff, Texas homeowner informed police that he was awakened around 1:30AM on April 14, 2008 by the sound of shattering glass. When seconds count..........The homeowner grabbed his handgun and discovered two men inside his home, according to police. One of the criminals was still holding the board used to break through a window.

Police say the homeowner began shooting and hit one of the suspects in the upper torso and jaw. That suspect is in critical condition at Baylor Hospital. The other nocturnal invader bolted from the home and has not yet been found. The case will go before a Grand Jury, but investigators say the homeowner appeared to be justified in protecting his life and property according to the laws of the great state of Texas.

Mikey Rolla and Jeremy Fuller should thank the stars over Texas that they were in Minnesota.

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Anonymous Joseph said...

Any idea why this would even make it before a grand jury??

1:54 PM  
Blogger Xavier said...

The political climate and the willingness of the DA to no bill is all I can surmise Joseph.

2:31 PM  
Blogger Rabbit said...

From the same station that hired and recently fired Rebecca Aguilar, KDFW.

I wonder if their next-in-line ace reporter is going to confront the home's occupant asking if they're proud of themselves?


6:54 PM  
Blogger Not Too Pensive said...

(This post does not constitute legal advice)

Here's a situation where the homeowner is, according to facts displayed, perfectly fine in my estimation.

Even in states without the castle doctrine, there is generally no legal duty to retreat from an attacker in one's own dwelling unless the attacker happens to also be an occupant of the home or the guest of an occupant. (Even then, knowledge of perfect safety, a high hurdle, may apply.)

Here, we have two people breaking into the occupant's dwelling, one armed with a weapon. There is no indication that either attacker was a co-occupant or guest. The occupant can reasonably fear for his/her safety and use deadly force to handle the threat without fear of either criminal or civil liability.

The grand jury is something of a formality in these cases is my understanding. A grand jury proceeding is not nearly as time or cost intensive as a trial - they may just gather evidence from depositions or police reports, give the reports a read, and call it a day. They might meet for a brief time. I think it's fair, though, to at least have some sort of judicial proceeding to examine the shooting at least briefly to ensure the right self-defense is not abused. The legal cost to the homeowner should be slight, if any.

The only problem I see here is that the homeowner appears to have aimed a bit low. Still, a jaw hit was likely enough to sufficiently incapacitate the target and end the threat.

7:02 PM  
Anonymous "gunner" said...

jeremy, mikey and kyle, bubba's waiting for you. he broke his last little toy and he's lonely, don't keep him waiting, it makes him mad to wait.

9:16 PM  

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