Wednesday, February 27, 2008
Dallas homeowner kills intruder who burglarized shed
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Two men were burglarizing a shed in the 2600 block of Scotland Drive Wednesday morning when they were confronted by the homeowner carrying a gun. One burglar tried to flee the scene and was chased into an alley and shot. He died at the scene. Police took the other burglar into custody.
Question: A shed on your property is certainly covered under the Castle Doctrine. Is chasing a fleeing suspect into an alley behind your property, then shooting him, similarly covered?
Posted by Erin
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- UPDATED: North Richland Hills man shoots intruder (March 14, 2008)
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Comments
Robert Kelly Verified
i hope so - because that is what i would do
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
chrisdanger Anonymous
I can sum it up into two words for this homeowner: Good Job. Id rather see more people step up and use their 2nd amendment rights to put these idiots in their place.
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
Pavel Lishin Verified
Their place being, obviously, a grave.
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
Erin Rice Staff
It seems to me that if the intruder leaves the scene, using deadly force is not necessary.
While I think he is within his rights to protect himself and his property, chasing someone off his property and killing them - someone who is clearly leaving and no longer poses an immediate threat - goes outside what I would consider reasonable.
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
Neff Conner Verified
This sounds like a test case that will probably make its way through the court system. Until it's settled, theives should just assume that they can be fired upon by gun-weilding home dwellers when running away. Let the criminals beware.
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
xdavidwattsx Anonymous
I don't know how much of a test case that will really be. You lose your rights to defend your "castle" and self defense when you pursue someone outside of your home with deadly force.
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
Pavel Lishin Verified
It'll be enough of a test case for gun enthusiasts to publicize it.
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
Chris Olson Verified
The homeowner could have avoided any problems by just shooting him first off, instead of after chasing him. Seems like the smart thing to do.
I am all for the Castle laws, but I would have to agree with Erin. Once they've bugged out, they are no longer a threat. Unless they're shooting at you from a distance. Then by all means, return fire.
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
Maccabees Anonymous
This may go to court.
I understand that an apparently fleeing individual may not present an immediate danger. But they have clearly told you that you have something they want badly enough to steal. They know where you live. Now they know you have a gun.
The question now is: "Will they come unarmed next time?" Obviously you don't know when they will come. But they do.
When you, in gentlemanly, or lady like fashion allow them to leave, will you sleep well that night? Will your children sleep that night? Exactly how long will it be before anyone in your family will sleep normally again?
Samuel Johnson once said; "Treating your adversary with respect is giving him an advantage to which he is not entitled."
How much advantage are you willing to give an "adversary" that has already shown absolute disregard for you and the law?
4 months, 3 weeks ago ( Link to this comment | Suggest removal )
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