Texas Justice
01-24-2003, 05:24 AM
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Texas Justice
Resident kills two intruders
Man probably won't face charges in home shootout
01/24/2003
By TANYA EISERER
and JENNIFER EMILY / The Dallas Morning News
A Far North Dallas man who shot and killed two would-be burglars Thursday morning probably will not face charges, according to Dallas police and legal experts.
About 9 a.m. Thursday, the 29-year-old man was at home with his wife and three young children when a man knocked on the side door and asked for someone the resident did not know, police said.
One or both suspects then forced their way into the apartment, shooting the resident once in the arm, police said. The resident retreated to his bedroom, retrieved a gun, and a shootout ensued in the living room on Knoll Trail Drive near the Dallas North Tollway, police said.
Also Online
Video: Chris Heinbaugh reports
"The preliminary investigation has determined that the homeowner apparently was justified in using deadly force in shooting the two intruders," said Sgt. Ken Sprecher, a homicide unit supervisor. "The investigation will continue, and the cases will be referred to the grand jury."
Legal experts said that because the resident returned fire to protect life and property, he probably won't face criminal charges.
"In Texas, we maximize the idea of your home is your castle, and if intruders break in, they do so at their own peril," said Jerry Dowling, a criminal law professor at Sam Houston State University.
Sgt. Ken Sprecher discusses the shootings Thursday until investigators arrived to collect evidence. Police said their first priority is to gather evidence before disturbing the crime scene.
(JOHN F. RHODES / DMN)
Police did not release the name of the resident Thursday. They said the intruders who were killed had not been identified.
Dallas County First Assistant District Attorney Mike Carnes said the county handles such incidents on a case-by-case basis.
Other states allow homeowners to use deadly force as a last resort – "when your back is to the wall," Dr. Dowling said.
A law professor for more than 30 years, Dr. Dowling said he had never heard of district attorneys prosecuting a homeowner for defending property inside a residence.
Most often, he said, the district attorney will refer the cases to grand juries to serve as the "conscience of the community."
Grand juries typically decline to indict the homeowners, he said.
Dallas police say both intruders were shot inside the apartment Thursday. The resident, who is a business owner, was treated at Parkland Memorial Hospital and released.
One man was killed inside the residence, and the second man was found dead near a hedge outside the Kensington Square complex.
An agent photographs a broken glass door at the Far North Dallas apartment where two men were killed early Thursday.
(JOHN F. RHODES / DMN)
The dead man outside was wearing a red vest, jeans and black boots and had a latex glove on one hand. A gun was near his body, which remained uncovered for at least an hour until the medical examiner and crime scene investigators could arrive and collect evidence. Dallas police said that their first priority is to gather evidence before disturbing the crime scene and that it's rare for a body to be in public view.
Witnesses reported seeing a third man leaving in a large dark four-door vehicle, possibly a Cadillac.
The resident and his wife told authorities Thursday afternoon that they did not know the intruders, Sgt. Sprecher said.
Mike Tennis, 24, who was in the next-door condominium when the shooting occurred, said he was rattled by the gunbattle at what he thought was a secure community in a relatively safe neighborhood.
"They said it was a break-in," Mr. Tennis said. "I'm planning to move to another section of the complex. I would never have moved here if I thought this could happen. It's a beautiful area. It just proves this can happen anywhere."
Justifiable homicides aren't included in the year-end tallies that law enforcement agencies report to the state and FBI, so data aren't readily available, Dr. Dowling said. Most examples are anecdotal. Dallas police said they don't track such data.
Homeowners cleared of criminal wrongdoing by a grand jury could face lawsuits, Dr. Dowling said.
"The standard in criminal law is what the individual perceives," he said. "But the civil standard is more what the reasonable person would do. A reasonable person may act a bit differently than what the individual would have done."
Man probably won't face charges in home shootout
01/24/2003
By TANYA EISERER
and JENNIFER EMILY / The Dallas Morning News
A Far North Dallas man who shot and killed two would-be burglars Thursday morning probably will not face charges, according to Dallas police and legal experts.
About 9 a.m. Thursday, the 29-year-old man was at home with his wife and three young children when a man knocked on the side door and asked for someone the resident did not know, police said.
One or both suspects then forced their way into the apartment, shooting the resident once in the arm, police said. The resident retreated to his bedroom, retrieved a gun, and a shootout ensued in the living room on Knoll Trail Drive near the Dallas North Tollway, police said.
Also Online
Video: Chris Heinbaugh reports
"The preliminary investigation has determined that the homeowner apparently was justified in using deadly force in shooting the two intruders," said Sgt. Ken Sprecher, a homicide unit supervisor. "The investigation will continue, and the cases will be referred to the grand jury."
Legal experts said that because the resident returned fire to protect life and property, he probably won't face criminal charges.
"In Texas, we maximize the idea of your home is your castle, and if intruders break in, they do so at their own peril," said Jerry Dowling, a criminal law professor at Sam Houston State University.
Sgt. Ken Sprecher discusses the shootings Thursday until investigators arrived to collect evidence. Police said their first priority is to gather evidence before disturbing the crime scene.
(JOHN F. RHODES / DMN)
Police did not release the name of the resident Thursday. They said the intruders who were killed had not been identified.
Dallas County First Assistant District Attorney Mike Carnes said the county handles such incidents on a case-by-case basis.
Other states allow homeowners to use deadly force as a last resort – "when your back is to the wall," Dr. Dowling said.
A law professor for more than 30 years, Dr. Dowling said he had never heard of district attorneys prosecuting a homeowner for defending property inside a residence.
Most often, he said, the district attorney will refer the cases to grand juries to serve as the "conscience of the community."
Grand juries typically decline to indict the homeowners, he said.
Dallas police say both intruders were shot inside the apartment Thursday. The resident, who is a business owner, was treated at Parkland Memorial Hospital and released.
One man was killed inside the residence, and the second man was found dead near a hedge outside the Kensington Square complex.
An agent photographs a broken glass door at the Far North Dallas apartment where two men were killed early Thursday.
(JOHN F. RHODES / DMN)
The dead man outside was wearing a red vest, jeans and black boots and had a latex glove on one hand. A gun was near his body, which remained uncovered for at least an hour until the medical examiner and crime scene investigators could arrive and collect evidence. Dallas police said that their first priority is to gather evidence before disturbing the crime scene and that it's rare for a body to be in public view.
Witnesses reported seeing a third man leaving in a large dark four-door vehicle, possibly a Cadillac.
The resident and his wife told authorities Thursday afternoon that they did not know the intruders, Sgt. Sprecher said.
Mike Tennis, 24, who was in the next-door condominium when the shooting occurred, said he was rattled by the gunbattle at what he thought was a secure community in a relatively safe neighborhood.
"They said it was a break-in," Mr. Tennis said. "I'm planning to move to another section of the complex. I would never have moved here if I thought this could happen. It's a beautiful area. It just proves this can happen anywhere."
Justifiable homicides aren't included in the year-end tallies that law enforcement agencies report to the state and FBI, so data aren't readily available, Dr. Dowling said. Most examples are anecdotal. Dallas police said they don't track such data.
Homeowners cleared of criminal wrongdoing by a grand jury could face lawsuits, Dr. Dowling said.
"The standard in criminal law is what the individual perceives," he said. "But the civil standard is more what the reasonable person would do. A reasonable person may act a bit differently than what the individual would have done."
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