Homeowner defends right to shoot suspected burglars

A 64-year-old retired homeowner said he was defending his life when he shot at a departing car he thought was burglarizing his neighbor's residence early Wednesday morning in Kingsland.

[Christy]

Regardless if they were driving off he was in no danger why he shoot and not get license plate number or pick up the phone when he went to get the gun. I understand protecting your property or someone elses but the bottom line he was not in threat if they were driving off

[Babeblue]

There is something in this country called innocent until proven guilty. There is no death penalty without PROOF of guilt and numerous appeals . This is not the "ole west" where people could shoot first ask questions later and get away with that mentality. This is a clear case of someone with an itchy trigger finger and no common sense. What if that had been a repo company ? What if there had been a child in that car ? This is a case that needs to be prosecuted to the fullest extent of the law. The victim is just that, not proven guilty of being anything but in the wrong place at the wrong time to say anything other than that is speculation.
We don't convict on speculation that there is wrong doing in this country.....or do we ?????

[Perkymirky]

What a tragedy. What would posses someone to shoot at a car. His life was not threatened at that point. He was judge and jury that morning. Who died and left him in charge? I hope he rots in jail.

[Charles]

I'm alway shocked how ignorant people are about the law. So, here it is in black and white. If you don't like it - then work to change it.....just don't hold your breath!
By the way - the young innocent man who was critically injured has a criminal history which includes Assault, Auto Theft, Theft of Property, Theft of Service, Possession of Marijuana, and Failure to Appear. The other occupants of the car had a Theft of Property, two Burglaries, and a Possession of a Controlled Substance charge between them. I'd say, based on the law, and what we now know about the three suspects - Mr. Oaks used reasonable judgement when he decided to shoot!
TEXAS PENAL CODE SEC. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY.
A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if,
under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection of the land or property;
(B) he has a legal duty to protect the third person's land or property; or
(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.

[Lou Buckner]

Are you people not listening? Three thugs were robbing Mr. Oaks neighbor, who probably thought that they would be back the next day to rob him.
They should have known there are consequences when you break into peoples homes.
Let's don't make them out as innocent little boys.
They are criminals.

[Vickie]

These men were doing wrong. But why was "Mr. Oaks" as some of you refer to him dumb enough to go out in broad daylight to confront possible burglers? No one lived at the house and the things were sitting outside piled up so there was no intention on bodily harm to anyone since no one lived there. The boys were in broad daylight and on a empty house grounds. If i see a robbery going on I'm not stupid enough to walk up to it but cant say that for "Mr Oaks!"

[ONES]

To bad Mr. Oaks didnt hit all three of those low lifes. Burnet county has been lately swamped with burglers and in one case a woman was tied up and assaulted. If more people had the courage to stand up and protect themsleves and neighbors this crap would stop. JMHO

[Christy]

He shouldn't be judge and jury. I know we live in a town that takes awhile to get someone here but why he didn't just get their license plates number
and call in the car or call the police to begin with.

[Looter Shooter]

BLOW THE MOTHER F@%KERS HEAD OFF!!!!! MAKE AN EXAMPLE OUT OF THE THIEVING BASTARDS!!!!! IT WILL MAKE THE OTHERS THINK TWICE BEFORE INVADING ANOTHER PERSONS HOME!!!!! IT DOSENT MATTER IF ITS INHABITED OR NOT!!! ITS NOT THEIR PROPERTY TO GO INVADE IN THE FIRST PLACE !!! HATS OFF TO YOU MR. OAKS!!!

[judy]

my nephew is the one got shot and died. mr. oaks is just trigger happy my nephew was not stealing a damm thing so for ALL of you stuiped assholes that dont know a damm thing GET YOUR FACTS STRAIGHT BEFORE YOU SAY ANY THING . KEEP YOUR MOUNTHS SHUT!

[judy]

you are so stuiped what if this was one of your family members well my nephew is dead because of trigger happy man. my nephew was not stealing a damm thing so keep your big mounth shut! mr oaks i hope you rot in hell

[My Opinion_El Paso_TX]

It's easy for anyone to criticise an event after it has taken place.

Calling the police first would have been the best option to take.

Going out to confront three individuals is quite risky as this gentleman had no idea if they were armed as well.

This gentleman could have been seriously hurt if any of the three men were armed.

That a young man was shot and killed is sad all around. Any life lost is a sad loss for any family.

The court and a jury will resolve this legally. But, why were the three youg men there in the first place?

[vickie]

The boys were out driving around and spotted what they thought was trash sitting on the corner and was out going through it. We dont know if they went into the garage or not. Also we were told that the house was empty so what was mr oakes defending? No one will ever know the truth so why do all of you have to be so mean and say that the boys deserved what they got? God forbid it this happens to one of your family members. Stop and think how you would feel then. I loved my nephew and am not saying he was in the right but ge didnt deserve to die over it. Think before you speak. All of you that are judging him have family members that dont have a perfect past. Nobody does. If you say you do you are just in denial and dont want anyone to know about it!Everyone is judging by what the news and papers say and if you have any common sense at all you should know that the news only reports what is going to keep you listening so they dont lose ratings.

[Hollywood]

judy wrote:

my nephew is the one got shot and died. mr. oaks is just trigger happy my nephew was not stealing a damm thing so for ALL of you stuiped assholes that dont know a damm thing GET YOUR FACTS STRAIGHT BEFORE YOU SAY ANY THING . KEEP YOUR MOUNTHS SHUT!

So the cops never found all the church books they were handing out in the trunk?

[Hollywood]

Also something else, I have been on this Earth for 29 years, I have never had any one shoot at me in this country any way. And I also have firearms, lots of them but for some strange reason i can always figure out a "trash picker" and a thief. Trash is near the street not by someones door.

[Florida]

My condolences on your loss.
I've been robbed. My daughters suffered the most, shred there sense of security. We were forced to move and I'm still angry...3 yrs now. I'm a Gun Owner, Armed and always loaded. You come on my property, I fire one shot in the air. You no leave, I shoot at you, but only in the chest and never in the back. So run you little juvenile, run. I hate criminals, especially Juveniles and death is the only true sentence.

[sniper]

Hollywood wrote:

Also something else, I have been on this Earth for 29 years, I have never had any one shoot at me in this country any way. And I also have firearms, lots of them but for some strange reason i can always figure out a "trash picker" and a thief. Trash is near the street not by someones door.

The little speed freak was stealing and you know it, hell he probably has stolen from you in the past.

[Best Regards]

vickie wrote:

The boys were out driving around and spotted what they thought was trash sitting on the corner and was out going through it. We dont know if they went into the garage or not. Also we were told that the house was empty so what was mr oakes defending? No one will ever know the truth so why do all of you have to be so mean and say that the boys deserved what they got? God forbid it this happens to one of your family members. Stop and think how you would feel then. I loved my nephew and am not saying he was in the right but ge didnt deserve to die over it. Think before you speak. All of you that are judging him have family members that dont have a perfect past. Nobody does. If you say you do you are just in denial and dont want anyone to know about it!Everyone is judging by what the news and papers say and if you have any common sense at all you should know that the news only reports what is going to keep you listening so they dont lose ratings.

Sorry for your loss.
Your advice to "think before you speak" is good advice.
It's unfortunate nobody cared enough to advise the young man to "think before you act".

[conserened neighbor]

well i guess the courts just leagalized vigal anny justice so everyone shold look out for all the trigger happy people thet like to go into the street and shoot there gun oats was only charged for pointing the gun not shooting it so how is that if he killed someone sounds like a pay off to me so i hope oats is not looked at as a theif when he is out and about because lano county justifes vigial anny justice because i justice heard of someone getting shot while lying in bed the person who shoot her will walk. our leagal system only work if they are not crooks running it

[Llano]

I was shocked when the District Attorney acted on this. I really thought it would have been stopped by the Grand Jury.

Oh for you bleeding hearts out there, the young man that was shot wasn't taken to the hospital by his buddies in crime. They dumped in front of a county building and left him to die....who is guilty now???