He didn't call 911 before shooting.
Cops say he didn't give the intruder fair warning even though he'd already had words with him.
And the intruder was unarmed.
In Texas?
I suppose he should have dialed 911 and just waited outside?
I recommend the homeowner to STOP talking right now. It might have been too late. Home invaders cease their right to live once they break into your house, but you should not make the prosecution’s job easy by giving them ways to make it more about rage and less about self defense.
There's more to this story....he either knew the man prior, and/or the man was having an affair with his wife, hmmm......
Leni
Sounds like a bad shoot to me. Stand your ground not withstanding. Whenever you have to leave for a few minutes to get a gun ... your flirting with murder.
Comes home and finds a guy in his shower??
Ok, where was his wife or GF during this? In the shower with the stranger?
Come on - he found a man in his shower, he went home, retrieved a weapon and returned to his home.....and we’re supposed to understand what happened?
Maybe he had a violent meth influenced erection coming at him.
Well, it looked like a gun
It will be interesting to see how this plays out. Once he is able to get away, is he obligated to stay away and let the police handle it? It is his house, but I’m not sure how much of the story we have. It sounds like he talked his way into an arrest rather than shutting up and letting a lawyer do the talking.
There is definitely some missing information in the news story, and other information that should have been missing from what he told the police.
I suspect a good lawyer would have helped him on a bad shoot. Leave out the details of the first discussion, just (after clearing the details with the lawyer so they would be truthful but not incriminating): “I heard someone in my shower, got my gun as a precaution, and was going to call 9-1-1 but felt silly without being sure my girlfriend wasn’t in there, so I investigated. Obviously, I didn’t want the police busting in on her. This strange guy reacted angrily and I was in fear for my life when a naked man who was acting crazy rushed me.”
A lawyer would have stopped him from making incriminating statements that added too much detail to the timeline. Even better, just dial 9-1-1, and let the police deal with the naked man in your shower, then dump the wife/girlfriend if she was the reason he was in your shower.
The homeowner called 911 and told dispatchers that he had just shot and killed an intruder,>>>>>
He was not an intruder, he was a showerer.
The home owner should have called 911 first and waited. Now if he had the gun with him from the get go? He likely would not have been arrested.
This says it was not the shower in the owners home but another property he owned. How that effects the situation as to legality I don't know. But it did not appear the shower taker was not in The owner's domicile
This is one of those shoot, shovel, and shutup kind of situations.
By “my property my rules”, no problem.
By some sense of humanity and fairness, yes, there’s a problem.
Apparently the man was naked and unarmed in the shower. I might have hauled him out of there and kicked his naked butt, but I don’t know that I’d need to even grab a gun (although that’s helpful, but not worth going all the way to another property wherein he might run away) much less blow him away.
And how the bleep could the homeowner know the intruder was unarmed? Always the wrong assumption.
He’s really lucky they decided second degree. By leaving the intruder in the house, and going after a firearm. and returning with it there are couple of ifs:
1. was the intruder armed?
2. did the intruder attack the owner?
3. was the intruder a threat to anyone else in the house?
And if the answer to these questions is no, then he left the scene unarmed and returned armed and fired multiple shots into an unarmed man who had made no effort to do harm. The act of going after a gun gives him time to decide not to do harm and to call for assistance and not kill the man. This is the exact definition of premeditated.
According to Black’s Law Dictionary, which is the most used law dictionary in the US, “The term that is used to describe a murder that was planned in advance and was carried out willfully.”
If it happened as the article says, this guy should get the chamber.
red
if you've never been shot right in the shower, believe me you don't want to know more