Sweet.Texas Homeowner Uses Deadly Force to Protect Property
"February 18, 2011
A late night burglary proves deadly in Odessa, Texas. At approximately 4:30 AM on February 18, 2011 a homeowner was awakened by barking dogs and when he looked outside he saw 3 individuals attempting to steal copper wiring from his his vehicle.
The homeowner proceeded to yell at the suspects and fired a gun in their direction. The suspects fled the scene. A few moments later the police received a 911 call about a gunshot victim. When the paramedics arrived the gunshot victim had died.
The deceased man has been identified as 53 year-old Rodney Allen Burns of Odessa, Texas. His accomplices Tanya Whitehead and David Whitehead have been charged with felony theft and theft of copper.
The Odessa Police Department is investigating the shooting and at this time no charges have been filed against the homeowner. The self defense laws in the Texas Constitution state "A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the others imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means." "A person is justified in using deadly force against another to prevent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury.(Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"
I gotta move back to Texas.