Home Invasion: Did Homeowner Go Too Far?

Actually it does matter if he is a criminal and a member of an ongoing criminal enterprise.
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Why?
If he was not engaged in criminal activity at the time of the crime why should he not be allowed to defend himself just as any other law abiding person
First of all - I do not think any criminals are allowed to posses firearms.
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Source?
Was he a convicted felon was he engaged in criminal activity at the time?
If not what is the prohibition on alleged criminals owning guns

Second of all - how would you like it - if a criminal "defending" himself from other criminals shooting indiscriminately shoots up your house and injures your SO, dogs and kid?
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I missed that in the articles.
But what if the preacher next door defends his home by shooting indiscriminately and hits something he didn't want to
That gonna make you feel any better?
But regardless being a criminal does not take away your right to life and self defense, until the state says it does
How I, or you, feel about it has nothing to do with nothing
 
I can't condone giving chase after a threat has ended unless you are empowered and duty bound to make an arrest, i.e. LEO. Even in armed security, generally once they are off the property it's time to let the taxpayer funded types deal with it.

Having said that don't think I will ever sit on a jury for a case like this. It would be very hard for me to condemn somebody who was minding their own business and was beset by armed home invaders.

Personally from the information given I think the brother went too far. The prosecutor would have to have a really good day to convince me to vote guilty though.
 
Where am I missing that he chased them down the street? According to post #24, an update, it sounds like he shot maybe from his property at the vehicle. Did I miss another update? It sounds like he actually tried to shoot out the tires to stop them. That obviously didn't keep them from leaving, so he fired into the vehicle, hitting a few. You can't do that in Michigan, but it sounds like you can in Texas. Tell you something, though. If that had happened in Michigan, he WOULD go to trial. And, if I was on that jury, he would be acquitted or I'd hang the jury.
 
"*I* keep a lot of cash in my gun safe. If four gang-bangers raid my house and try to force me to open my safe, does that automatically make ME a drug-dealer or criminal myself?"

+1

Same here. Sometimes I am required to travel out of the country on very short notice. Some of these places are not credit card friendly.
 
I can't condone giving chase after a threat
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Legally or morally? Threat to what? The individual's health or the threat of escaping with the individual's property?

In Texas, both are defenses.
 
In Texas self-defense stuff and protection of property stuff are a lot different than most other states. There was a case where an auto re-possession guy hooked up to a car at night. The car owner shot and killed the guy. The shooter was found not guilty because of a law that applies to protection of property at night.

Think of OK of being just like Texas with one possible exception. In OK the prosecutor does not have to take the case to a grand jury. In OK the family of the deceased perp is not allowed to sure in civil court.
 
Doesn't matter if the criminals were escaping with property, though that's not clear in this case.

As noted a number of times before, a lot of folks in this thread are (mistakenly) applying their own state defense laws to Texas.
 
If he had not killed them, they would have likely come back, and seek revenge, rob, kill rape, or mame someone else. He did the right thing. By pursuing and taking out atleast three of the attackers, he saved many more lives, property, and tax money by preventing future crimes the thugs would have commited. He should get a medal.

But it may have been illegal for him to pursue, then he should suffer the consequence for breaking the law.
 
"As noted a number of times before, a lot of folks in this thread are (mistakenly) applying their own state defense laws to Texas."

Same thing happens on all the sites. Folks just do not understand that Texas (and OK) law is much different from what they are used to.
 
If I was in his situation I would have defended my home and once the armed men retreated I would have stopped. In my state of Pennsylvania he would be going to prison. It would be nice to get rid of scum like that of the face of this earth but chasing down criminals and having a shoot out in the street is not safe and its not the OK corral.
 
whose to say they wouldn't have come back????
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Does even Texas law permit shooting someone for what they might do later?
If that's the case then the antis are right
Guns should all be confiscated because
Whose to say that we all wont go a a shooting spree next week?
 
I commend him for protecting his property, but what would you say if he killed one of your family members with a stray bullet he fired while chasing them down the road shooting at them.?
 
do ya'll think that if 4 heavy armed men break in your home their intensions are to kill you and your family steal everythng you have. i might run them down and kill everyone to so they can't come back and get revenage
 
Does even Texas law permit shooting someone for what they might do later?
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No. Texas law allows for deadly force to recover escaping property. I don't know if the bad guys were getting away with any of his goods, though.
 
No. Texas law allows for deadly force to recover escaping property. I don't know if the bad guys were getting away with any of his goods, though.
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Besides the fact that the article mentions only an attempt to break in and makes no mention of stolen property, which you yourself claim no knowledge of
Your statement has absolutely nothing to do with the comment of mine that you quoted
It is easy to find the motivation for my comment because I quoted it in my post

Further can you link me to the statute that allows for pursuing burglers off your property and shooting them to recover your stolen goods
 
Please see Section 9.42.of the Texas Penal Code, specifically DEADLY FORCE TO PROTECT PROPERTY.

(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.
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Emphasis mine.
 
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