You're confusing a specific Texas statute with the Castle Doctrine. The Castle Doctrine does not apply in this case. The Castle Doctrine states that you have to retreat no further once in your home...that extends to businesses as well. Meaning you can take a stand in your home. What the case is about, and what I was referring to, is a specific Texas law that says you can defend your property and the property of your neighbor.ScottS wrote:AncientOne wrote: No, the property of a neighbor is not covered, I think. The whole justification of the "castle doctrine" self defense laws is that when a person breaks into your home, you have a reasonable presumption that the person is there to do you harm. This doesn't seem to apply here. Here, as a matter of fact, the guy was told by the dispatcher to keep out of it. It would have served him right if he were shot by the police. My wife works for an alarm company, and when they call the police, they're very careful to give complete descriptions of any non-offenders that are on the scene so police have less of a chance of accidentally shooting them. It's a dangerous place to be.
The guy was a cowboy, went out to do something he wasn't trained to do as the pros were on their way, and shot and killed two people, apparently in the back.
I'm not worried that he's covered by the self defense laws, but I'm curious as to how the grand jury finds a way to let this guy go.
The specific Texas law that is at issue is this: "A person is justified in using deadly force against another to protect land or tangible, movable property: when and to the degree HE reasonably believes the deadly force is immediately necessary: to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime
to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;
HE reasonably believes that: the land or property cannot be protected or recovered by any other means; " I am for certain that the Castle Doctrine does NOT apply in this case at all.