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Homebuilder shoots suspected burglar in head (TX)
The Courier Online ^ | 1/19/2005 | Sue Thackeray

Posted on 01/23/2005 3:00:05 PM PST by Mr. Mojo

EAST COUNTY - A homebuilder, who police believe was tired of thieves targeting a home under construction, shot a suspected burglar in the head early Tuesday morning.

Investigators said homebuilder Ricky W. Otis, 47, of New Caney, spent the night at the home after having fallen victim to several overnight thefts of construction materials from the house in the Northcrest Ranch subdivision off Texas 242. He decided to spend the night Monday in an upstairs bedroom of the partially finished home.

About 6:20 a.m. Tuesday, the Montgomery County Sheriff's Department received a 9-1-1 call stating that there was a burglary in progress at the residence, located at 17234 Northcrest Circle, Sheriff's Department Sgt. Carey Mace said.

Otis told investigators he was awakened by the sound of a downstairs door being forced open. He called the Sheriff's Department before going downstairs to investigate, Sheriff's Department spokesman Lt. Dan Norris said.

When Otis went downstairs, he found two men loading building materials from inside the home into a van that had been backed into the driveway, according to the Sheriff's Department.

"They did have some property from inside the house in the back of the van," Mace said.

When confronted by Otis, one of the men reached into the vehicle, according to the Sheriff's Department.

"Not knowing whether the man was reaching for a weapon inside the vehicle, the homebuilder used deadly force," Norris said.

Otis fired a shotgun at the man at least once, striking him in the head and upper back.

The man, whose identity was not confirmed by investigators Tuesday afternoon, was airlifted from the scene by PHI Air Medical helicopter. He was listed in serious condition Tuesday at Memorial Hermann Hospital in Houston, according to Norris.

The other alleged burglar fled the area on foot but was located about 11 a.m. by a detective near Firetower Road and FM 1485. Investigators were questioning him Tuesday.

Detectives spent much of the morning sifting through evidence at the scene. The white 1991 Dodge van sat outside the house, its doors open and parking lights still on. The glass was broken out of the driver's-side window.

The van is registered to a Houston man, who could not be reached for comment Tuesday. The man also owns several other trucks and vans. Norris said investigators are looking into whether the owner of the vehicle may be a business owner himself.

Investigators questioned Otis at the scene and released him. Mace could not say whether charges would be filed against Otis.

"The case will be thoroughly investigated and presented to the grand jury," Mace said.

Norris said Otis owns the property where the shooting occurred.

"A property owner is entitled to protect their property," Norris said. "Obviously, law enforcement never solicits the use of deadly force."

The Texas Penal Code states that a person is justified in using deadly force to protect land or other property in a number of circumstances, including when the force is believed necessary to prevent to commission of a burglary or to prevent someone from fleeing immediately after committing a burglary.

The Sheriff's Department's crime analyst is looking into whether the two men allegedly burglarizing the house Tuesday morning are responsible for past burglaries at the location. Mace did not know how many burglaries had been reported at the house in the past.

Construction theft is a "continuing" problem in Montgomery County and is occurring just about anywhere there is new construction underway, Norris said.

"In most cases, it's individuals committing these crimes," Norris said. "We've made no cases on any companies."

Cumulatively, the value of property lost in construction material thefts reaches well into the hundreds of thousands of dollars, Norris said.

"That cost is then passed on to the consumer," Norris said.


TOPICS: Crime/Corruption; Culture/Society; US: Texas
KEYWORDS: bang; banglist; justice; selfdefense
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To: annyokie
It was building materials that should be insured. I would never kill someone over a pile of boards.

It isn't just a bunch of boards. It is this man's living. So some thieves bust into a house and take the appliances days before closing. So they break a few things, tear up the carpet and sheetrock. It's covered by insurance, right?

Wrong. He has to fix all that they destroy. He has to wait for the insurance company, the cops, and maybe even the bank to come out and check out the incident. Meanwhile, he can't sell the house. The new owners have to find a place to live for a month or two while this all takes place.

Now imagining this happening all the time. The fact that the insurance company covers the damages doesn't make up for the lost income or having to tell a family that their dream home was violated before they ever set foot in it.

121 posted on 01/23/2005 4:43:32 PM PST by hopespringseternal
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To: Richard Kimball

Yeah *lol* into his chest.


122 posted on 01/23/2005 4:43:39 PM PST by cyborg
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To: annyokie

"I am sickened that so many here think it's cool to drop a man, thief or not."

I'm happy that the risk associated with being a thief is balanced out a little. This keeps down further theft. When being a thief is not perceived as risky, theft increases.


123 posted on 01/23/2005 4:44:11 PM PST by cowtowney
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To: shellshocked; Chemist_Geek
"Which means, don't get lost or accidentally cross an invisible property line..."

Like Clint Eastwood said when accused of shooting an unarmed man, "Wul, he shoulda armed himself."

Wul, just don't git lost.

124 posted on 01/23/2005 4:45:46 PM PST by TexasCowboy (Texan by birth, citizen of Jesusland by the Grace of God)
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To: squidward
I am an officer in Indiana and we also suffer from construction site burglaries. It takes them only minutes to get in, get what they want and get out. We can't be everywhere all the time. It is not that the sites are not patrolled, it is just a long shot to catch them in the act.

You make a very good point. I have two cousins in law enforcement (now retired). We've had many conversations over the years.

The point being this. These professional thieves "scope out the intended victims and/or property". They "study" the times when the patrol cars will make their rounds.
They are not stupid. They pick just the "right moment" and they can be "in and out" so fast it is amazing.
I've heard of these thing from my cousins. Those kinds of thieves can "strip" an automobile in just a matter of minutes for example.
As you said, the police cannot be everywhere at the same time.

(Not to mention that the real "pro thieves" sometimes have police scanner radios and their own "walkie-talkies" and what not. After all, stealing is their business. They want to be good at it and being good means not getting caught)

125 posted on 01/23/2005 4:46:22 PM PST by Fiddlstix (This Tagline for sale. (Presented by TagLines R US))
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To: TexasCowboy
I'm sure they have a good laugh over a competitor's material getting stolen. That increases the cost of the home.

All the more reason to become a member. Then you can laugh at the fact that the crooks only attack non-members.

126 posted on 01/23/2005 4:47:16 PM PST by supercat (To call the Constitution a 'living document' is to call a moth-infested overcoat a 'living garment'.)
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To: annyokie
A person's life is worth much more than personal property, but that is not really the question.

A person's right to be secure in their possessions is important enough to require that those who seek to deprive a person of that, should be in fear for their life.

Sadly, in most of America there is very little fear involved in depriving others of their fortune.

127 posted on 01/23/2005 4:47:29 PM PST by Shanda
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To: Mr. Mojo
Well, all I'm gonna say about this issue is what I've always told my wife.

If some clown tries to break into my house, I'll blow his brains clean out, no questions asked. Then I'm going to drag his worthless carcass out in the back, dig a hole and dump him in. After all, I'm sure he didn't leave a flight plan when he left home that night, so there ain't nobody gonna be expecting to find him buried in my back garden. He'll just go missing.

Like they sing in the Mikado.... "I've got a little list, I've got a little list... and none of them'd be missed, none of them'd be missed."

128 posted on 01/23/2005 4:49:18 PM PST by In The Defense of Liberty (Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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To: Godebert

"Live people can repent and repair the damage their crims have done. Dead ones have no such opportunity."

Dead ones also have no opportunity to continue their life of crime.

I see. So, let's shoot you to death, because you might commit a crime in the future.

Oh, you've got a clean record? That only means you've been clever enough to not get caught.

That's the logical outgrowth of your position: Killing people is good because it stops them from committing the crimes they might have committed in the future.

129 posted on 01/23/2005 4:49:35 PM PST by Chemist_Geek ("Drill, R&D, and conserve" should be our watchwords! Energy independence for America!)
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To: TexasCowboy

Salazar won't be stealing anymore..........period.


130 posted on 01/23/2005 4:50:30 PM PST by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet. ©)
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To: Chemist_Geek; TexasCowboy

Apparently the "Thrill of the Kill" is what is important to most of the congratulatory posters.


131 posted on 01/23/2005 4:54:50 PM PST by annyokie (If the shoe fits, put 'em both on!)
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To: cyborg
I don't know if I would shoot someone over 'property' not shoot them in the head anyway.

I don't get it, you get extra points for shooting the keys to the truck out of their hand? A person only pulls the trigger to remove the threat. If you pull the trigger only to injure, then it can be argued that you didn't need to pull the trigger at all. Remember, it isn't just criminal court Otis will navigate through, there is also the added bonus of the relatives who will most certainly sue for "excessive use of force". Let's say that Otis managed to blast off a limb or paralize the perp. The perp, still being alive, and already have demonstrated a desire to leach off of others, would undoubtably find a sympathetic jury to hand over all of Otis's earthly possessions.

Better to say "I saw him reaching for a gun" and then putting the perp down DRT.

132 posted on 01/23/2005 4:55:17 PM PST by Reuben Hick
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To: Chemist_Geek
Killing people is good because it stops them from committing the crimes they might have committed in the future.

Uh.. no.

Killing criminals caught in the act on private property is good. (And stop there.)

133 posted on 01/23/2005 4:56:19 PM PST by humblegunner (And who knows what else?)
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To: Reuben Hick

good point


134 posted on 01/23/2005 4:56:36 PM PST by cyborg
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To: squidward

I don't fire warning shots. Those are also called "give the other bastard time to prepare for battle" shots. Crime is not fair play, so I don't give warnings. I wait and carefully watch long enough to be sure I know the situation.. and then I take the necessary steps. I don't alert the perp. I surprise'em.

But FYI, in the case of a shotgun, that load won't travel 'across town'.. so the odds of hurting someone far away are nil. A rifle would be very different.


135 posted on 01/23/2005 4:58:18 PM PST by In The Defense of Liberty (Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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To: Chemist_Geek

Did he verbally challenge the Bad Guys - tell them to DON'T MOVE?

You don't have much experience with the criminal class, do you?

It'll be interesting to read what the dead perp's family will have to say.

He was a good guy... Turning his life around... He didn't deserve to die this way...

Pure caca, my friend. These two thugs were out stealing someones livelihood. They wouldn't have left the homeowners building materials and wouldn't have left him alive if the situation were any different.


136 posted on 01/23/2005 4:58:42 PM PST by csvset
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To: annyokie
Apparently the "Thrill of the Kill" Justice implemented is what is important to most of the congratulatory posters.
137 posted on 01/23/2005 5:02:05 PM PST by ChefKeith (Apply here to be added to the NASCAR Ping List, Daytona is comming soon...)
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To: Squantos
Not to forget the added bonus of "dark" in that code.......In Texas it's as most states to stop the threat if ya feel yer lifes in danger etc etc during daylight.

Very Biblical. Exodus 22:2

If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.

I sure miss Texas.

138 posted on 01/23/2005 5:02:12 PM PST by I got the rope
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To: annyokie

Read Exodus 22:2


139 posted on 01/23/2005 5:03:35 PM PST by I got the rope
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To: annyokie
The "Thrill of the Kill" has nothing to do with it.

If you asked every poster who had congratulated Mr. Otis on his action if they wanted to kill another human being, the answer would be "no". I guarantee it.

What they are congratulating him for is his courage to stand up for his private property rights, in spite of the fact that he could get prosecuted.

It really doesn't matter whether or not he felt his life was threatened. That might be a convenient ploy to keep from being prosecuted, and it will probably work.
The important thing is that he had the guts to take a stand for his property, both on this occasion and all the previous occasions.

This WILL be a deterrent.

140 posted on 01/23/2005 5:07:01 PM PST by TexasCowboy (Texan by birth, citizen of Jesusland by the Grace of God)
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