TX: Defense of Property During the Nighttime?

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ELB
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TX: Defense of Property During the Nighttime?

#1

Post by ELB »

https://www.mysanantonio.com/news/local ... o-16629145
The incident unfolded just before 6:30 a.m. in the 700 block of Jennings Street. The suspect propped up one of the mechanic’s cars on bricks and removed a jack from underneath the vehicle.

The mechanic caught the alleged thief in the act, McManus said, and opened fire. With the car jack in his back seat, the suspect fled down Jennings Avenue and crashed into a tree about a block away.



McManus said the mechanic is not facing any criminal charges at this time.

“It simply boils down to a man trying to protect his property in the dark of night,” he said.
USAF 1982-2005
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ELB
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Re: TX: Defense of Property During the Nighttime?

#2

Post by ELB »

Update:

Suspected San Antonio thief killed while stealing car jack identified
The Bexar County Medical Examiner identified the suspect as 54-year-old Jesse Anthony Agruello Jr.
The article notes that the mechanic who was being victimized grapped onto the thief's car as he tried to drive away, and the mechanic fired a couple shots. It is not known (at least by the press) if the thief was even hit by the bullets, if was hit did he die from gunshot wound, or from trauma of the ensuing crash.

Also:
Police said it's likely the homeowner, described as a man in his 40s, would not face charges. He added that the homeowner works as a mechanic and he uses his tools as a way to make a living.
This nearly the exact scenario that came up in my very first CHL class back in 1998. The instructor for the class brought in the felony prosecutor from the Bexar County DA's office to lecture on deadly force laws. He said each morning he reviewed all the felony arrests from the previous day and decided which to pursue. We asked him about using deadly force to protect property in the night time -- what did he envision as a justifiable scenario? He would not go so far to say "this particular scenario is OK," but he did say (my paraphrasing) that if a carpenter who made his living with his tools and would not be able to pay his rent, feed his family etc if his tools were stolen, it would be a major factor in his decision.
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bfm1851
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Re: TX: Defense of Property During the Nighttime?

#3

Post by bfm1851 »

The use of deadly force to protect your "stuff" is a tough decision to make. Stuff can be replaced getting yourself involved in a shooting and maybe getting killed yourself ... is it worth it? Don't get me wrong, I would be highly irritated if I can home and found I was broken into. But if I came home and caught the guy in the act? Maybe beat him about the head and shoulders and call 911. I can explain the bruises as him slipping running away :lol:

If they break in and I'm at home with my family well then all bets are off. You do what you have to to protect your loved ones.

crazy2medic
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Re: TX: Defense of Property During the Nighttime?

#4

Post by crazy2medic »

If your messing around on my property after the sun has set I'm going to give you every chance in the world to out run my dogs to the property line, if however you attempt deadly force against my dogs then deadly force will be utilized against you!
Government, like fire is a dangerous servant and a fearful master
If you ain't paranoid you ain't paying attention
Don't fire unless fired upon, but if they mean to have a war let it begin here- John Parker
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Lynyrd
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Re: TX: Defense of Property During the Nighttime?

#5

Post by Lynyrd »

I can't say what I would do, or what I wouldn't do. The situation would have to dictate my decisions at the time. But at night, in poor vision, the law on the use of deadly force is different than in the day time. I would not think that gives us the right to exercise poor judgement at night, but rather allows for a wider interpretation of the need for deadly force. I do know this, my SA escalates at night and if I hear something outside, my gun will by in my hand.
Do what you say you're gonna do.
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