Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

Texas Self-Defense: Homeowner not charged after shooting alleged burglar :: 04/13/2019

SAN ANTONIO — A homeowner shot a man suspected of breaking into his truck early Friday morning. 

Police vehicles lined Hunter Hawk near Northwest Military and Huebner as officers tracked blood droplets from the suspect shot who fled the scene.

"They began to follow that blood trail that led down the block," San Antonio Police Spokesperson Carlos Ortiz said. "At some point, though, that blood trail went dry."

The homeowner told police he caught the burglar rummaging through his truck parked in his driveway. According to the preliminary report, when the homeowner confronted the suspect he lunged at him and the homeowner fired a single shot.

Ortiz said because the suspect was committing a crime and lunged at the homeowner, putting him in fear of death or injury, by law he had the right to shoot, based on the initial investigation.

"At this point there are no charges," he said. "It is believed the complainant in this case was acting in self-defense in protecting himself and property."

Investigators said each shooting is assessed case-by-case, but added a homeowner can’t shoot someone if they aren't doing more than screaming insults.

"The gun is used as a protection for one’s own self, usually to protect one’s property, one’s home, one’s family, but not to be out used out in the middle of the street at somebody that is running down the street,” Ortiz said. "Not to be used over a parking space at a local gas station or a local store."

Mike Farringer said it's not the first time his neighbor has caught a burglar on his property, adding his truck has been broken into more than once.

"It happens quite often. I think they just go up and down the street, and if a door is unlocked they will open it and see what's inside of it," Farringer said.

Police said a full investigation is underway and they hope they can track down the man shot to get his side of the story.

https://www.kens5.com/article/news/homeowner-not-charged-after-shooting-alleged-burglar/273-6dec1c9b-aad6-428b-9e6d-30fc77553aba

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