Deadly force to protect property

[wolfpen]

I know that people have shot thieves in the act and not been convicted, but the guy named Horn in south Houston, or somewhere, had to go to trial I believe, but the thieves he shot were not even on his property.  Just recently somwhere down 59 a fella shot at two robbers who were carrying off his welding machine.  Last I heard it was that he was not charged or indicted, or set to go before a grand jury or anything.

Hypothetical situation:  you have your truck parked out of sight, from your house and dog pens.  you catch someone, on your property, taking the dog(say they put a leash on him and are walking him away from the pen) you blow his head off with deer rifle.  Would it be legal(in Texas) to knock his block with said deer rifle?

I hear different takes on this.  You never know what you will do on any give day until you are in that situation on that day.  But I have a feeling I would that if a gun was near I would shoot.  I may tell him to get face down on the ground and not to move while I called the peace officers, but if it is legal it may just be better to shoot them, dead, because if you say stop, and he runs you loose a clean shot, and would be more likely to hit your dog if he was running with the dog.

[skunkhounds]

if he had my dog id shoot first and then ask questions but thats just me

[waylon-N.E. OK]

First off I'm in Oklahoma so your state me be a little different but as a former police officer who has worked on the state and federal level the general rule when it comes to deadly force is that you are in fear for your life from imminante danger and you can justify that you had to use deadly force as the only option to stop the threat.

BUT.... here is case we dealt with here in my county where an old man shot thieves who were stealing from his building, he head shot the driver or lets call him bad guy #1 and the DA charged the other bad guy ( bad guy #2 ) with murder for the dead bad guy #1's life because bad guy #2's actions resulted in bad guy#1's death. The main factor was the elderly mans age, What I am saying is they felt due to his old age he was honestly in fear for his life when facing 2 thives in an area know for meth. addicts . Had he been a healthy man of lets say 25 they may have looked at it differently

http://barnsdalltimes.com/http:/barnsdalltimes.com/news/skiatook-death-second-man-charged

Hope all that rambling helped some how

[HDMdogs]

In texas they can be an unwanted stranger on ur property they don't have to enter the home to become a problem...and you can protect yourself as well as ur family... But it turns into a crime scene so everything would be investigated as long as you feel that was all you could do I'd look down the sights...

[muleman]

In Texas, it makes a difference whether it is day or night. I recommend reading the laws. If you shoot a theif in the day time as he's trying to leave....you are going to jail. You may ultimately beat the charge but its going to be a whipping. I'm not sure any property is worth a persons life...even a sorry one

[Jared H.]

In Texas, it makes a difference whether it is day or night. I recommend reading the laws. If you shoot a theif in the day time as he's trying to leave....you are going to jail. You may ultimately beat the charge but its going to be a whipping. I'm not sure any property is worth a persons life...even a sorry one

Very well said.

[Reuben]

getting in a fist fight is a lose, lose situation. if you win you feel bad that you had to hurt someone, and maybe even get hurt in the deal... and if you lose you got your butt whipped...but sometimes it is hard to get out of one. Then there is the possibility of have to go thru the court system and this will cost money to prove your innocence...

I hate a thief because he is taking something that someone worked hard for... to be a thief you also have to be a liar...

But I wouldn't want to shoot a human unless I was certain that it is the right thing to do...and that is if I feel like my family or myself are in danger of getting hurt or killed.

[Jam-Up Hog Doggin (Tuffone)]

In Texas, it makes a difference whether it is day or night. I recommend reading the laws. If you shoot a theif in the day time as he's trying to leave....you are going to jail. You may ultimately beat the charge but its going to be a whipping. I'm not sure any property is worth a persons life...even a sorry one

I agree about property not being worth a life, but you never know their intent. I have no desire to take a mans life, but if you are in or around my house @ zero dark thirty then I am sure you are not there for coffee.  

[cantexduck]

Take my dogs,my truck boat or whatever. I am not going to kill some one for taking some thing. You come past my door into the house, that is a different story. No property I own is worth taking anothers life over.

[muleman]

Take my dogs,my truck boat or whatever. I am not going to kill some one for taking some thing. You come past my door into the house, that is a different story. No property I own is worth taking anothers life over.

I agree, come in my house and you will likely be shot DRT. I would do what it takes to protect my family.

[biseral]

Im from lubbock and when I was a kid we had an insedint were a man tryed to get my mom to open the door because he was being chased..she offered to call 911 for him but wouldnt open the door. Well he runs off she calls and the cops talk with her and somehow came up that if my mom had to use her 9mm to make sure u kill em. Cause a dead man has no story! If someones in my yard at night I got something they can leave with!!!

[rebel ridge kennels]

  I don't have alot but what little I do have I had to work hard for and I will be damned if I will watch a low life sob carry it off.  I also don't like looking over my shoulder so if I have to pull a gun whoever is on the receiving end of ain't coming back later to get revenge for a shot in the leg !!  If you can't afford what you want get a job!

[rdjustham]

DA charged the other bad guy ( bad guy #2 ) with murder for the dead bad guy #1's life because bad guy #2's actions resulted in bad guy#1's death.

In technical terms: Feloneous Murder.  Oh and most here know my stance on this topic.. Let the "i know what i would do's" begin.. 

[bailey508]

DA charged the other bad guy ( bad guy #2 ) with murder for the dead bad guy #1's life because bad guy #2's actions resulted in bad guy#1's death.

In technical terms: Feloneous Murder.  Oh and most here know my stance on this topic.. Let the "i know what i would do's" begin.. 

yessir 

[bailey508]

i will tell you this, as a police officer, it doesnt matter what they are taking. if they are outside and far enough away that you have to use a deer rifle to shoot them. get ready to go to prison. i hate a thief, probably more than anyone else. they cause me alot of paper work. lol. but, a thief is still a human being, and they are still protected by laws and the constituion just like everyone else.

i agree that if someone was attempting to make entry into your residence, do what needs to be done. but, if they are outside the residence and have not put you or your family into any immidiate danger, get a good description. you can approach them with a firearm and hold them at gunpoint until the police gets their. if they run, let em run. if they fight or pull a gun, handle your buisness.

this is really a sticky topic for several reasons. 1) Texas laws are left open for interpretation in several places dealing with this
                                                               2) you never know what type of grand jury you are going to get.
                                                               3) and if indicted, you never know what type of jury your going to get

i would hate to know i went to prison for the rest of my life over a dog.

[country man 563]

a question i have is how much trouble can u get in if u shoot sumone with the intent not to kill??

cause i have a couple of shells for my 12ga just for the use of unwanted animals and people (loaded with rock salt)

is it wrong to teach sumone a leason by given the a case of the red a$!
 

[bailey508]

it doesnt matter if its rock salt or 00buck, impossible to prove that is witout the intent to kill. rock salt will kill someone from ten yards. heck, the wadding will kill someone if they are close enough. lol

[biseral]

I guess to be more specific you gotta evaluate the situation. trigger happy aint always best answer but when u live aways from town help takes awhile so in my situation theres only me to protect my family and no one should happen to stumble on my house, their there for bad and I ain't got expensive property so in my case It dont take much to get the gun out. Jmo. Im a better safe than sorry guy on this topic. Ide rather make the wrong decision using force than not and something happen I could have prevented. Ill be damned if the law gets me for protecting my family and property!

[curdawgs]

What if a dog got off of a chain or out of a pen and someone was trying to help you out. knew it was your dog. Lets say he was bringing the dog back and almost got to the pen and realized that he left his phone in his truck and was waiting on a call, so he turns back to go get his phone before he gets to the pen and you blow his head off because all you saw was him walking away from your pens with your dog? Why not just roll up on him and give him a good ole whoopin? Im just saying. Not trying to start no problem but I think its pretty sorry to shoot first and ask questions later. A million things could happen and a dog is never worht anyones life or the chance of you spending the rest of your life in prison, so two families lose someone. Now Im not against lethal force, Im all for it but in a sure way. Just like when your deer or turkey hunting, you got to be sure of what your shooting.

[curdawgs]

Take my dogs,my truck boat or whatever. I am not going to kill some one for taking some thing. You come past my door into the house, that is a different story. No property I own is worth taking anothers life over.

Amen