Surprise: Another Houston home invasion

This is a discussion on Surprise: Another Houston home invasion within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; I remember hearing once a guy broke into the home, the owner shot him fearing he might try and kill him. (The Burgler broke the ...

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Thread: Surprise: Another Houston home invasion

  1. #16
    Senior Member Array Spade115's Avatar
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    I remember hearing once a guy broke into the home, the owner shot him fearing he might try and kill him. (The Burgler broke the door down) and the owner had to pay the burgler or something.

    Honestly cannot remember who but I have heard this.
    When life gives you lemons, Open a lemonaid buisness.

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  3. #17
    Senior Member Array ZX9RCAM's Avatar
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    Quote Originally Posted by ArmdDadof4 View Post
    Wondering.... Can you defend property (TV) with deadly force in TX? Or is a knife stab not considered deadly force?
    Especially at night, you can even shoot them as they try to flee (with your property)!
    If there are no dogs in Heaven, then when I die I want to go where they went.

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    Im a big fan of the .22LR for bear defense.
    Just shoot the guy next to you in the knee and run like heck.

  4. #18
    Distinguished Member Array PastorPack's Avatar
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    God bless Texas!
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  5. #19
    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by ArmdDadof4 View Post
    Wondering.... Can you defend property (TV) with deadly force in TX? Or is a knife stab not considered deadly force?
    You can definitely use force to defend property, but only as much as is needed. At night, you can use deadly force to stop the theft, but only if it's "necessary," and at night it's a lot easier to make the case for personal threat. If there's no personal threat and it's daytime, burglary and theft are suspiciously left out of justifications for deadly force.

    This guy was stabbed through the arm and into the chest. That sounds kind of deadly to me. Plus with both arms tied up holding a TV, I'm not seeing much of a personal threat, and it sounds like it might have been daytime. I'm always glad to see a scumbag get what he deserves, but I think on this one, we're hoping the scumbag survives. The homeowner might need to be thinking about a good attorney too.

  6. #20
    Senior Member Array dldeuce's Avatar
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    Quote Originally Posted by ZX9RCAM View Post
    Especially at night, you can even shoot them as they try to flee (with your property)!
    Assuming that's the only way to stop him. For example, we had a similar scenario just the other day where the guy running off with the TV was shot and killed by the homeowner from a balcony, at night. Here, it's a bit different in that deadly force might not have been the only option. Don't just shoot the guy without adding a convincing story about fear for your life, and make sure it's night!

  7. #21
    Senior Member Array ZX9RCAM's Avatar
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    Quote Originally Posted by dldeuce View Post
    Assuming that's the only way to stop him. For example, we had a similar scenario just the other day where the guy running off with the TV was shot and killed by the homeowner from a balcony, at night. Here, it's a bit different in that deadly force might not have been the only option. Don't just shoot the guy without adding a convincing story about fear for your life, and make sure it's night!
    I am not saying I would, just saying that it is legal in the eyes of the law & you don't even need to be in fear of your life. Of course it will cost you a fortune in legal fees to "exercise" your rights.....
    If there are no dogs in Heaven, then when I die I want to go where they went.

    -Will Rogers

    Im a big fan of the .22LR for bear defense.
    Just shoot the guy next to you in the knee and run like heck.

  8. #22
    Member Array KimBobTex's Avatar
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    Quote Originally Posted by ArmdDadof4 View Post
    Wondering.... Can you defend property (TV) with deadly force in TX? Or is a knife stab not considered deadly force?

    Darn toot'n ya can pardner. If it's dark, you can even shoot'em in the back as they're running down the street with your stuff.

    Rarely a wise move .... gotta ask yourself if your $1000 TV (that will likely get destroyed in the process) is worth incurring $10,000 attorney fees to get cleared from an inevitable Grand Jury investigation, but you can do it. Different SD laws apply at night than during the day in TX.

    And yes, a knife is deadly force, so is a bat, hammer, screw driver, chain, crow bar, wrench, candle stick, lead pipe, etc., even bare hands.
    Asked by a CNN reporter "What do you feel when you shoot a terrorist"?, the Marine sniper simply shrugged & replied "recoil".

    Now more than ever, we are at war on our home soil ... WAKE UP & arm our troops when they are on home soil!

  9. #23
    Senior Member Array dldeuce's Avatar
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    Guys, keep in mind that you'll find these laws under justification. They are defenses to prosecution. Force and especially deadly force is illegal. These are justification and defenses to prosecution. You don't really want to have to hang your hat on that, even in Texas.

    It didn't say what the DA is going to do in this article, but stabbing a guy whose got both arms tied up holding a TV doesn't sound like a great idea to me, even in Texas, and especially if it's not at night.

    This was deadly force to protect property. Even at night, we're not guaranteed that this is justified. It has to be night. It has to be necessary to stop the theft of burglary. There can't be any other way to stop it, or stopping it any other way presents substantial risk of death or serious bodily injury. You're not automatically justified in killing the scumbag holding your TV.

    Sounds to me like, even at night, even in Texas, I'd be looking for a good lawyer if I were this guy. He'd probably do well with me on the jury, but I'd sure be worried about everyone else!

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