Homeowner shoots and kills fleeing burglar, and no charges will be filed.
San Antonio - April 29, 2008
Three people were asleep in a home in the 5300 block of Midcrown when the homeowner heard a noise in the kitchen. He grabbed a gun and investigated, and police say when he saw an intruder in his home, he opened fire.
But Police Sergeant Gabe Trevino said today the suspect began running, and the homeowner kept shooting. "The homeowner followed him out, and continued to fire at him," Trevino said.
The state's 'Castle Doctrine' law, approved in the last session of the Legislature, gives law abiding citizens wide latitude in shooting intruders in their homes, businesses, and cars. The citizen no longer has to be able to demonstrate that he first 'retreated' from the intruder, it places the presumption of innocence on the homeowner and not on the intruder, and it prohibits the intruder or his heirs from filing a civil lawsuit against the homeowner.
Trevino says an investigation is continuing, but as of now no charges have been filed against the homeowner. "If in fact it was a burglar, and the homeowner was protecting his property, he has every reason to protect his property by state law," he said.
The intruder, who has still not been identified, was pronounced dead on the scene.
I wonder what effect this law will have? Will it lead to more shootings like this? Or less burglaries?
Do you think this new law is a good thing?
What I wonder is how long it will take for a homeowner to kill someone other than the burglar, whether by mistake or due to bad aim . . .