[DiogenesLamp]

It seems a fair number of folks are focusing on the door not being properly locked. It doesn’t matter . Breaking and entering doesn’t mean you have to “break” something to get in.

I would think that the word "break" has to apply if you are going to claim "breaking and entering."

Entering yes, breaking no. Accidentally entering someone else's apartment, car or house is not a crime.

[DoodleDawg]

I would think that the word "break" has to apply if you are going to claim "breaking and entering."

Texas has no law called "breaking and entering". There is criminal trespass: a person who willingly enters a property which belongs to someone else without the consent of the owner even though they know that entry is forbidden may be charged with criminal trespass. There is also burglary: a person who willingly enters a property belonging to someone else without the consent of the owner and commits or attempts to commit a felony, theft, or an assault can be charged with burglary. Killing someone while committing a felony is murder. At least in Texas.