Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
The Montgomery County Sheriff’s Office along with the Montgomery County District Attorney’s Office are investigating an early morning shooting that left one man dead.
According to Assistant District Attorney Donna Berkey, a man and his son were at a business on Texas 105 near Chrystal Forest Drive when they heard class breaking around 2 a.m. Wednesday.
“(The business owner) had been burglarized before so he locked his son inside the went out to check what was happening,” Berkey said.
Once outside, the business owner was confronted by a man with a crowbar and the business owner fired a handgun several times striking the man at least twice. Berkey said the man ran about 150 feet before collapsing.
The business owner called 911 and the responding deputy found the man, Thomas Dillard, 39, deceased along Texas 105.
Berkey said no charges had been filed in the case but added the case would be presented to a Montgomery County Grand Jury.
The names of the business owner and the business have not been released.
According to information from the DA’s office, a business owner, regardless of whether they are licensed to carry, is in lawful possession of a gun because of the castle doctrine. The castle doctrine is an exception to a rule in place in some jurisdictions that requires a defendant to retreat before using deadly force in self-defense. The castle exception states that if a defendant is in his home or business he is not required to retreat prior to using deadly force in self-defense.
cdominguez@hcnonline.com