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Man who kicked in door is fatally shot
Fort Worth Star Telegram ^ | November 13, 2006 | Dan McGraw

Posted on 11/13/2006 9:16:22 AM PST by tuffydoodle

A 22-year-old Fort Worth man died early Saturday in Tyler after he kicked in a door and was shot multiple times by the homeowner, police said.

Justin A. Herrera, 22, a University of Texas at Tyler student, died at the East Texas Medical Center from gunshot wounds to the chest, Tyler police said.

Robert Delk, 63, told police that he and his wife were awakened about 4:30 a.m. by banging on their door, said Don Martin, a Tyler police spokesman. As a precaution, Delk grabbed his .44-caliber Magnum, and as Delk approached the door, Herrera kicked it in.

"He was shot more than once as he came into the house," Martin said. He said he did not know how far into the house Herrera had gotten.

After being shot, Herrera left the house and collapsed in the driveway, Martin said.

Herrera, who public records show is from southeast Fort Worth, had no connections with Delk, who owns a photography company in Tyler. Police are still attempting to determine why Herrera kicked in the door.

"We don't know if he was mistaken about whose house he was at or what," Martin said. "The circumstances are still unclear."

Police are trying to determine why Herrera was in the neighborhood and why he was wearing only jeans, Martin said.

"That's the one clue that is strange," Martin said. "It's not the type of clothing that you would be wandering around in on a cold night."

According to public records, Herrera has been involved in criminal activity before and has served time in prison. His most recent sentence was three months on a criminal mischief charge. He had also been in prison for aggravated assault with a deadly weapon, burglary of a vehicle and two misdemeanor charges of driving while intoxicated.

Police have not located a vehicle at the scene that has ties to Herrera, and they do not know how Herrera got to Delk's house, which is more than three miles from Herrera's apartment, Martin said.

Investigators will present the case to a grand jury, but Martin said it was too early to tell whether charges would be brought against Delk.

"This isn't something we normally see," Martin said.


TOPICS: Crime/Corruption
KEYWORDS: crime; herrera
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Good shootin', Tex!
1 posted on 11/13/2006 9:16:28 AM PST by tuffydoodle
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To: tuffydoodle
gunshot wounds to the chest

Nice grouping.

2 posted on 11/13/2006 9:17:44 AM PST by ClearCase_guy (The broken wall, the burning roof and tower. And Agamemnon dead.)
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To: tuffydoodle

Bad career move on that dude's part..

good shooting on the homeowners part.


3 posted on 11/13/2006 9:18:11 AM PST by Armedanddangerous (Master of Sinanju(Emeritus))
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To: tuffydoodle
As a precaution, Delk grabbed his .44-caliber Magnum, and as Delk approached the door, Herrera kicked it in.

Do ya feel lucky, punk?

4 posted on 11/13/2006 9:18:48 AM PST by shekkian
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To: tuffydoodle
Sounds like he was tweaking and freaked out. Ran three miles from his apartment dressed only in jeans and tried to kick in a stranger's door.

That meth is bad for you. Causes lead poisoning in some circumstances.

5 posted on 11/13/2006 9:19:11 AM PST by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: tuffydoodle
A good point on tactical shooting folks.... .44 mag and this guy still came in the house, and still was on his feet long enough to stagger outside of the house before he finally collapsed. It is a reasonable expectation that it will take at least 15 to 30 seconds for someone to bleed out to the point of unconsciousness.

An old infantry adage... point, pull trigger, repeat until you are either out of ammunition or targets.
6 posted on 11/13/2006 9:19:41 AM PST by taxcontrol
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To: tuffydoodle
Won't do THAT again!

Police have not located a vehicle at the scene that has ties to Herrera

Huh?

I suppose they mean that it WAS "at the scene" and now isn't. He had a helper.

7 posted on 11/13/2006 9:19:51 AM PST by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: tuffydoodle

"Guess it wasn't a no knock raid after all."


8 posted on 11/13/2006 9:21:35 AM PST by Sir Gawain
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To: tuffydoodle
Justin A. Herrera, 22, a University of Texas at Tyler student, died at the East Texas Medical Center from gunshot wounds to the chest, Tyler police said.

It is odd that the story refers to Herrera as a University of Texas at Tyler student. It seems far more pertinent to the circumstances that his Herrera is a convicted felon with a history of assault with a deadly weapon, burglary and alcohol related crimes.

This seems to have more to do with his propensity to go out, get drunk, and do violent crimes that whatever he was studying in Freshman Comparative Literature 101.

9 posted on 11/13/2006 9:22:20 AM PST by gridlock (My Prognosticator Unit is busted, and stuck on "ROSY". Predictions may be unreliable.)
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To: DaveLoneRanger

ping


10 posted on 11/13/2006 9:22:54 AM PST by NonValueAdded (Prayers for our patriot brother, 68-69TonkinGulfYachtClub. Brian, we're all pulling for you!)
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To: ClearCase_guy

Multiple gunshot wounds to the chest.

Will they never learn to not mess with a 63 year old Senior Citizen who keeps a .44 Mag as a Barbecue Gun?

The result is Justice.


11 posted on 11/13/2006 9:23:34 AM PST by Concho (IRS--Americas real terrorist organization.)
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Can this guy be considered an undocumented occupant?


12 posted on 11/13/2006 9:23:58 AM PST by Long Island Pete
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To: tuffydoodle

...do you feel lucky? well do ya punk?

13 posted on 11/13/2006 9:25:53 AM PST by Vaquero ("An armed society is a polite society" Robert A. Heinlein)
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To: tuffydoodle

Suppose we'll we get to hear from the dead person's relatives and friends about how quiet and studious he was?


14 posted on 11/13/2006 9:26:16 AM PST by Fresh Wind (Democrats are guilty of whatever they scream the loudest about.)
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To: tuffydoodle

Drunks always lose their cloths!


15 posted on 11/13/2006 9:26:21 AM PST by TexasCajun
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To: tuffydoodle
I love to see gun control in action. Using both hands, center mass shots, tight grouping and all done under pressure.

{{...tear drop...}}

16 posted on 11/13/2006 9:26:24 AM PST by IllumiNaughtyByNature (If a pug barks and no one is around to hear it... they hold a grudge for a long time!)
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To: tuffydoodle
I love to see gun control in action. Using both hands, center mass shots, tight grouping and all done under pressure.

{{...tear drop...}}

17 posted on 11/13/2006 9:26:34 AM PST by IllumiNaughtyByNature (If a pug barks and no one is around to hear it... they hold a grudge for a long time!)
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To: tuffydoodle
It appears that Herrera's inability to handle alcohol has ended with tragic consequences. My money says he was extremely intoxicated and thought he was at a different home while he was kicking in the door.
18 posted on 11/13/2006 9:27:27 AM PST by Drew68
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To: tuffydoodle
Investigators will present the case to a grand jury, but Martin said it was too early to tell whether charges would be brought against Delk.

How/why would they?

19 posted on 11/13/2006 9:27:52 AM PST by AnnaZ (I keep 2 magnums in my desk.One's a gun and I keep it loaded.Other's a bottle and it keeps me loaded)
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To: Concho

What's a barbeque gun?


20 posted on 11/13/2006 9:28:38 AM PST by The Worthless Miracle (I think Jamie Dupree is annoying.)
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