Thursday, June 07, 2012

CA: Suspected intruder shot while coming through child’s window:  "A man suspected of trying to break into a home on the 300 block of Berkshire Ln. in Stockton on Sunday was shot by the homeowner while trying to enter the house.Stockton police reports indicate the homeowner was awoken around 3:00 a.m. by strange noises at the property. Upon investigating, he saw 23-year-old Yobenrico Well coming in through his child's bedroom window. Fearing for the safety of his family, the homeowner shot Well who fled on foot, according to police reports."

AL: Man, 72, shoots intruder:  "The man told investigators that he was awakened by a 27-year-year old man pounding on his back door at 2 a.m. The younger man knocked him to the ground and forced his way inside when he opened the door, said Tuscaloosa County Metro Homicide Unit commander Capt. Loyd Baker. The suspect ran back into the yard when he realized another person was inside the home, Baker said. The resident retrieved a gun and fired a shot at the suspect."

TX: A warning shot is a crime?   "In this strange occurrence, the homeowner woke in the night to hear burglars on his property. The burglars were attempting to break through his fence. While his wife remained in the house, he went out of his house and yelled at them to leave. He then fired a “warning shot” into the ground. The burglars fled.  The case became convoluted when a neighbor called the police. The neighbor heard the shot and was concerned. When the police arrived, the homeowner met them and explained what had occurred. The homeowner was then arrested for firing his weapon.   Self-defense laws provide the parameters under which the use of a gun may be allowed. The Texas Penal Code states:  “A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force.”   The Mesquite Police Dept issued a statement in this case. They reported that they did not believe the homeowner should have felt threatened by the burglar’s actions."

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