Authorities in Harris County, Texas are investigating after a homeowner shot and killed a masked intruder who broke into his home early Wednesday morning.
According to the homeowner, he woke up and spotted a man wearing a mask and gloves inside the residence. The homeowner and the intruder ended up in a physical confrontation that eventually led both men outside. At that point, no gun had been involved, and the suspect eventually fled the scene… only to return to the home a short time later.
That’s when, according to investigators, the homeowner got a handgun and shot the man.
The suspect then ran, jumped over a fence, and was later found on a nearby walking trail.
Officials say there were three adults and two children, ages 12 and 13, inside the home at the time of the incident.
No one else was injured.
As part of the investigation, detectives are speaking with everyone who was inside the house to better understand what happened.
The suspect has not yet been identified.
Investigators say there were no signs of forced entry, but they believe the man got into the home through a back door.
One neighbor told the local ABC affiliate that she was shocked to see a large police presence outside her home when she woke up on Wednesday, given that the neighborhood is generally a quiet and peaceful place. Unfortunately, crime can happen anywhere, even in upscale suburban neighborhoods.
The Harris County Sheriff’s Office says no arrests have been made, and detectives will submit the results of their investigation to the district attorney once its complete. Based on the information provided by law enforcement, it certainly sounds like the homeowner was well within his rights to use lethal force against the suspect.
Under Texas law, a person is justified in using force against another “when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.” The statute further outlines what constitutes a reasonable belief:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
In this case, the burglar had already entered the residence once before, so it would be entirely reasonable to believe he intended to do so again when she returned to the home.
Additionally, Texas law allows for the use of deadly force to protect property in some circumstances, including:
when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;
The homeowner is likely be protected by the language allowing deadly force to be used to prevent the imminent commission of a burglary, as well as “theft during the nighttime.”
It’s not known why the suspected burglar decided to return to the scene of the crime, and given the fact that he’s now deceased we may never learn why he made such a stupid decision. Hopefully it won’t take long for the police to finish their investigation, and for the local D.A. to clear the homeowner of any potential charges.
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