Homeowner shoots teen burglary suspect

[ttorion]

Homeowner shoots teen burglary suspect

07/22/2007
Homeowner shoots teen burglary suspect: Boy flees scene, seeks help after being shot with 12-gauge shotgun

By:

By Shanna Sissom
City Editor

A property owner fired a 12-gauge shotgun at a 16-year-old boy Saturday, who had just broken into the man's rental house, police said.

"The owner is inside and the 16-year-old breaks in the front window," explained Midland Police Department spokeswoman Tina Jauz. "And the homeowner confronts the suspect in the hallway and shoots him with a 12-gauge shotgun."

After being shot, police said the boy fled the 204 South Jefferson St. residence in a van, and then flagged down officers at Louisiana Avenue and Main Street at about 1:15 p.m.

The gunfire grazed the boy's shoulder and neck, police said.

He was seen wearing a bloody white T-shirt just before being transported to Midland Memorial Hospital, where police said he was listed in serious condition late Saturday.

Neither police nor the homeowner knew if the juvenile was armed, Jauz said, noting the boy immediately left the scene.

There had been recent break-ins reported at the unoccupied residence, Jauz said, and the owner was checking on the property when the shooting occurred. No trespassing signs can be seen curbside on the home's windows.

Jauz said charges were pending against the juvenile, whose name was not released, but no charges were expected against the homeowner, whose name also was not released.

Midland County District Attorney Teresa J. Clingman declined comment on the case currently under investigation, but as a matter of clarification explained when the use of deadly force is legal.

"You are permitted to use deadly force to protect yourself or your property in very limited circumstances," Clingman said. "You must first be justified in using force at all, and then to using deadly force against another to prevent the other's imminent commission of several specific property offenses, like arson, burglary or robbery, or in the course of 'hot pursuit' to prevent such other person from escaping with your property.

"But, of course, only if you reasonably believe that deadly force is immediately necessary for prevention or recovery."

Clingman said deadly force can only be used to prevent the perpetrator from fleeing after committing one of those crimes, if the victim believes property cannot be recovered by any other means, and when the use of force other than deadly force would subject you to substantial risk of death or serious bodily injury.

"In other words, in a situation of someone breaks into your home and they have a gun or a knife, etc.," Clingman explained. "Everything is judged by whether the action was reasonable as viewed from the actor's standpoint."

[Lodge2004]

No trespassing signs can be seen curbside on the home's windows.

Interesting observation by the reporter. Occupied or not, why would anybody believe the absence of a "no trespassing" sign was relevant?

[MrsFosforos]

No trespassing signs can be seen curbside on the home's windows.

Interesting observation by the reporter. Occupied or not, why would anybody believe the absence of a "no trespassing" sign was relevant?

I think it was meant to be read as:
"No Trespassing" signs can be seen curbside on the home's windows.

[hoss4570]

My thought is, How in the heck did he get shot with a TWELVE GUAGE, at CLOSE RANGE, in a HALLWAY and survive??? He ought to walk around the rest of his life saying "I'm lucky, I'm lucky, I'm lucky". He must have moved just as the homeowner fired, caught a few in the shoulder and neck.

[DSARGE]

You know, when are they gonna get the message that if they break in someone's house or mess around with property that they have a good chance of being shot? I mean, is this just a secret we know?

[txinvestigator]

My thought is, How in the heck did he get shot with a TWELVE GUAGE, at CLOSE RANGE, in a HALLWAY and survive??? He ought to walk around the rest of his life saying "I'm lucky, I'm lucky, I'm lucky". He must have moved just as the homeowner fired, caught a few in the shoulder and neck.

Because shotguns are not magic weapons that do not need to be aimed. Especially at close, in-home ranges, shotguns have pretty tight patterns and a miss is easy if one does not aim.

This is from my 18 inch Mossburg shooting standard 00 buck from 7 and 21 feet. 21 feet would be a stretch in most rental sized homes.

[seamusTX]

My thought is, How in the heck did he get shot with a TWELVE GUAGE, at CLOSE RANGE, in a HALLWAY and survive???

Skeet load, probably. Or as you say, he somehow got out of the way.

- Jim

[txinvestigator]

My thought is, How in the heck did he get shot with a TWELVE GUAGE, at CLOSE RANGE, in a HALLWAY and survive???

Skeet load, probably. Or as you say, he somehow got out of the way.

- Jim

It is easy to miss, especialy under stress.

[seamusTX]

It is easy to miss, especialy under stress.

Well the shooter did wing the guy, and he stopped the threat.

- Jim

[pfgrone]

the owner was checking on the property when the shooting occurred.

Checking your rental property with a 12 gauge in hand??? He'll probably face a civil suit claiming he was looking to shoot someone. Of course, I don't know the details from the story so I hope I'm wrong.

[lrb111]

the owner was checking on the property when the shooting occurred.

Checking your rental property with a 12 gauge in hand??? He'll probably face a civil suit claiming he was looking to shoot someone. Of course, I don't know the details from the story so I hope I'm wrong.

The local tv news just said, "the DEA took drugs out of the house last week."
Not another word about that........

[seamusTX]

Checking your rental property with a 12 gauge in hand???

There had been recent break-ins reported at the unoccupied residence, Jauz said, and the owner was checking on the property when the shooting occurred.

I think that's enough reason, aside from the fact that a burglar came though a window while the owner was there.

What was the owner supposed to do, have cookies and milk on the table, with little Sesame Street napkins?

- Jim

[govnor]

What I got from the article is that you can shoot them on your property if they are running away with stolen goods. I like that option.

Also, the guy was probably checking the property because of this type of thing going on and that's why he had the shotgun with him. The suspect probably knew the home was unoccupied and was looking for anything that wasn't nailed down.

[govnor]

You know, when are they gonna get the message that if they break in someone's house or mess around with property that they have a good chance of being shot? I mean, is this just a secret we know?

Do you really think these losers think about the consequences of their actions? I know what you're saying, but most criminals are morons. They deserve to be shot.

[hoss4570]

My thought is, How in the heck did he get shot with a TWELVE GUAGE, at CLOSE RANGE, in a HALLWAY and survive??? He ought to walk around the rest of his life saying "I'm lucky, I'm lucky, I'm lucky". He must have moved just as the homeowner fired, caught a few in the shoulder and neck.

Because shotguns are not magic weapons that do not need to be aimed. Especially at close, in-home ranges, shotguns have pretty tight patterns and a miss is easy if one does not aim.

This is from my 18 inch Mossburg shooting standard 00 buck from 7 and 21 feet. 21 feet would be a stretch in most rental sized homes.

My point was I would'nt have missed. I know the home owner did'nt miss, but I would have shot him dead center and he would not have survived.