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Homeowner has surprise for burglars - Intruders ambushed on third visit
Houston Chronicle ^ | Oct. 11, 2002, 11:21PM | PEGGY O'HARE

Posted on 10/12/2002 12:33:42 AM PDT by Cincinatus' Wife

Bernard Schwin was sick of being a victim.

And on the third day, he grabbed his gun.

Since Wednesday, the burglars had nearly cleaned out his northeast Houston home. They stole jewelry, electronics, even deodorant and cologne. They climbed into his bed. They used his toilet. They helped themselves to soft drinks from his refrigerator.

Still, they kept coming back. Now, Schwin was going to set some boundaries. So he sat in the dark of his bedroom, cradling his shotgun and holding the phone. Just waiting.

By the time the burglars returned Friday morning and kicked in his door, Schwin was ready.

The intruders -- who had the audacity to park in his driveway -- were more than surprised. They were scared.

Schwin, 55, chased them outside and stuck a gun in one man's face, forcing him to abandon his vehicle and leave it rolling backward down the driveway with no one at the wheel. By the time it was over, Schwin had fired a shot at the man, who was later caught and arrested.

Schwin missed. But he made his point.

"I've had enough," he said.

Schwin has owned the home in the 3900 block of Fulton for about 20 years and had never been burglarized there -- before this week, that is.

After the first break-in occurred Wednesday, Schwin and his girlfriend came home to find valuables missing, their bed messed up and their toilet unflushed. The burglars had changed clothes, putting on brand new Houston Texans paraphernalia belonging to Schwin's girlfriend and leaving their dirty laundry behind. They were also thirsty; an empty soda can sat on the counter.

"We just thought it was vagrants and quick bucks at a pawn shop," said Schwin's girlfriend, Carol Langley, 47.

Schwin dutifully drove Langley to work the next morning, then went to Home Depot to buy a new lock for his door. By the time he returned, the intruders had struck again.

Undeterred, Schwin bought plywood and two more locks for the door, determined to transform his home into a veritable fortress.

He stayed home Friday morning, certain the intruders were watching the house. When Langley left for work, she saw some suspicious characters down the street and told Schwin about it. He turned off the lights, grabbed his gun and crouched in the bedroom.

A half-hour later, his patience was rewarded when the burglars forced their way inside -- and "ran like rabbits" upon seeing Schwin, he said.

One intruder tore off down the block, but the other made it to his car, where Schwin stuck the shotgun in his face. "He's lucky the safety was on," Schwin growled.

That intruder bailed from the car and ran, but the vehicle's gears had already been shifted, so the unmanned vehicle rolled back into the street. Schwin gave chase and fired some birdshot at him as he fled. The man was caught down the street after residents there called police and reported him hiding in their back yard.

Because of the gunfire, nearby Burbank Elementary School was briefly locked down as a precaution, police said.

The intruder, a 29-year-old New Caney man, was arrested and charged with attempted burglary of a residence. Police said he appeared to be high on cocaine. "It makes you do stupid stuff," said Houston Police Department Sgt. J.R. Chase.

The burglar's accomplice got away, and a police search of the area turned up nothing.

Because of the potential dangers, police don't recommend that homeowners confront burglars the way Schwin did. "We'd prefer that nobody gets hurt at all. Better to make sure the place is locked up well," Chase said.

Schwin took little satisfaction in his victory because he expects that the burglars will soon be back on the street.

"Somewhere in the judicial system, they're going to get off scot-free to go get somebody else, if not kill somebody," he said.

"I'm a Yankee, I'm from north Houston," Schwin said to laughs later Friday.

"I've lived here all my life. We used to leave the door unlocked, go to the store and come back. It's a shame that in society, we've got to live like this. It reminds me of the Old West: 'Put the gun back on your hip, and let's go.' It's a shame we can't be civilized."


TOPICS: Crime/Corruption; Culture/Society; Front Page News; News/Current Events; US: Texas
KEYWORDS: banglist; guns; justice; privateproperty; selfprotection
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To: Cincinatus' Wife
"We'd prefer that nobody gets hurt at all. Better to make sure the place is locked up well," Chase said.

Excuse Me?

Undeterred, Schwin bought plywood and two more locks for the door, determined to transform his home into a veritable fortress.

So Houston Police Department Sgt. J.R. Chase, how much more is a citizen supposed to do to "make sure the place is locked up well"?

41 posted on 10/12/2002 4:47:57 AM PDT by Bowana
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To: Conagher; Mark17
Actually, the law still holds a mans home is is castle. Sleeping with a shotgun nearby is not a crime. Defending agains a home invader is not a crime.

Remember certain buzzwords. "I was in fear for my life"
"imminent physical harm" "protecting my family" "I saw something metalic in his hand that looked like a gun/weapon"

In most states a home invasion is an automatic felony. Some states have a mandatory sentence. Many states now have sentence guidelines that mandate 80-90% of the sentence must be served regardless of good behavior.

Last , they could charge the homeowner but they have to find a jury to convict him.
42 posted on 10/12/2002 4:47:58 AM PDT by Greeklawyer
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To: Brad C.
I think they would frown on a man being shot in the back on a public street as he ran away from the homeowner.

Amen.

He should have given them both barrels as they entered his home. Back shooting fleeing criminals will land you in jail in NC.

43 posted on 10/12/2002 4:49:32 AM PDT by TC Rider
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To: Nuke'm Glowing
Not quite, drug use is considered intentional intoxication. Under the law that does not immunize your actions. Years and years ago DWI (aka DUI) offenders used to claim the decision to drive was a result of impaird decision making from being drunk. It evolved to, you were sober before your became intoxicated and should have made provisions.

Assuming mandatory sentences, he can get treatment in jail.

Footnote: His partner can be senteced for the fact someone got shot during the commissison of a felony. In criminal acts ALL perpetrators can be equally charged for injuries.
44 posted on 10/12/2002 4:56:02 AM PDT by Greeklawyer
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To: TC Rider
Exactly, one step through the door and the perp is a dead man, though bird shot may not have been the best choice. It may sound some what cold hearted, but with any luck a shot in the doorway would keep the carpet from getting stained.
45 posted on 10/12/2002 4:58:13 AM PDT by Brad C.
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To: Capitalist Eric
With respect, I strenuously disagree with your point. Even in Communist California, they have the "Homeowners' Protection Act."

And even in the Peoples' Republic of Massachusetts, the "Castle Law" states that "It shall be a defense that the person was in his home.." (Ch.131, limitations on use of Deadly Force).

At one time we did have a law that stated a victim was expected to flee the home, but even here, that was regarded as scandalously absurd.

46 posted on 10/12/2002 5:09:11 AM PDT by Gorzaloon
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To: Cincinatus' Wife
Doesn't do you any good to lock up well if they cut your phone lines and kick in your doors. Locked doors and windows are a not a real deterant to criminals..just to the home owner who locked themselves out of their house.
47 posted on 10/12/2002 5:14:00 AM PDT by GailA
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To: Brad C.
Exactly, one step through the door and the perp is a dead man, though bird shot may not have been the best choice.

I prefer Rottweiler buck shot. Nothing like a fistfull of 9mm lead balls to discourage home entry. Actually it wouldn't deter the perps, once they met the Rottweiler, they would be past deterence. Hopefully it would make an impression on the wannabe bad guys. (The main reason I bought the Rottweiler was that I like the name. Rrrrrr)

BTW, Mr. Glock is still my primary home defense weapon for all the right reasons.

48 posted on 10/12/2002 5:50:06 AM PDT by TC Rider
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To: Greeklawyer
Remember certain buzzwords. "I was in fear for my life" "imminent physical harm" "protecting my family" "I saw something metalic in his hand that looked like a gun/weapon"

Thanks, I will certainly remember all those words.

49 posted on 10/12/2002 10:28:02 AM PDT by Mark17
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To: Cincinatus' Wife
"Because of the potential dangers, police don't recommend that homeowners confront burglars the way Schwin did. "We'd prefer that nobody gets hurt at all. Better to make sure the place is locked up well," Chase said..."

No, Chase, you blithering moron.........YOU'D prefer that we citizens just become passive victims, only to have you a**holes show up just in time to write up a little report and casually tell us that there's not a go**amned thing they can do about it and the perps won't be caught because they (the cops) have more important things to do.

Cops like this Chase character just chap my a**.

50 posted on 10/12/2002 10:32:20 AM PDT by RightOnline
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