I got lucky...

It ain't about power. Anyone can purchase power at a gun store.

It's about BRAINS. Using your brain wisely.

Obviously, criminals don't have any brains to begin with or else they wouldn't be criminals.

Fight back with BRAINS and not a hero mentality.

 

About position, I didn't have to worry about giving it away since he was right in front of me.

About being a gun owner who jumps the gun, I am not that type of person. I always make fun of my friend actually because he would bust out a gun at the drop of a hat.

I did say there were other things left out of the incident. It was a crazy situation and one I did not want to experience but did. I could spout everything that happened and would actually answer some things or make them worse.

I explained to the police the reasoning behind all of my actions and if they understood them, then I will live with that. Defend your home how you wish, scream at them, ball up in your room and wait for the police, throw your body at them, etc, etc. You or your family will either be harmed or not. Do it as you wish, I did what I though was right, if any consequences came about due to my actions then I would deal with them.

I will carry in my vehicle and home and while travelling (if legal to do so) a weapon, I will do my best to stay calm, be well informed and anything else that comes with it. People who are well trained have made mistakes, so I feel I did the best with what I had.

 

exactly....brains....as in....no its not an intruder...its just this kid trying to fuck my daughter...so no i dont need to pull out a gun....no I dont need to fire a round that can never be taken back...

yes protect yourself, your family....I guess protect your things...but dont be an idiot waving your gun arround at every chance you get or you wont have the chance to own a gun when you REALLY need one

 

I know you've said a couple of times that you made mistakes, but damn... Firing once he was turned around AND you knew he was unarmed? I hope the penalty for firing a gun in a residential area is not jail time, b/c I don't think you or your family deserves that, but you ought to have your knuckles smacked with a metal ruler or something.

People have repeated and repeated that a gun should only be fired in defense of your life, and I agree. Some people think that even bringing it out is unnecessary unless your life is in danger, and I don't necessarily agree with that. If somebody broke into my home, I'd want them to know I have a gun and they're in the wrong. Whether that made them run or surrender or do something stupid and get themselves shot is their choice, but I'm not going to hide in a corner any longer than it takes me to call the cops.

But anyway, I'm confused... the guy wasn't a robber? He was there to see your daughter? Maybe I would have shot at him, too!

 

This one is pretty basic for me. First off, it is obvious that a warning shot is never to be fired, and it appears that the OP nows that by now.

Here is a bit of information on the exact law that the OP is bound to in the state of Texas. If the intruder entered his residence with force and posed a threat to himself, and yes and unarmed intruder can pose a threat against your life, he has the right to use deadly force. For that matter, the intruder does not even have to pose a 'threat'. He could simply be committing a robbery or a theft of substantial value to warrant deadly force. All you need is a good after the fact is a good attorney.

AN ACT​

relating to the use of force or deadly force in defense of a person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9.01, Penal Code, is amended by adding Subdivisions (4) and (5) to read as follows:
(4) “Habitation” has the meaning assigned by Section 30.01.
(5) “Vehicle” has the meaning assigned by Section 30.01.
SECTION 2. Section 9.31, Penal Code, is amended by amending Subsection (a) and adding Subsections (e) and (f) to read as follows:
(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor [he] reasonably believes the force is immediately necessary to protect the actor [himself] against the other’s use or attempted use of unlawful force. The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(e) A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.
(f) For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.
SECTION 3. Section 9.32, Penal Code, is amended to read as follows:
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor [he] would be justified in using force against the other under Section 9.31; and
(2) [if a reasonable person in the actor's situation would not have retreated; and
[(3)] when and to the degree the actor [he] reasonably believes the deadly force is immediately necessary:
(A) to protect the actor [himself] against the other’s use or attempted use of unlawful deadly force; or
(B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(b) The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used [requirement imposed by Subsection (a)(2) does not apply to an actor who uses force against a person who is at the time of the use of force committing an offense of unlawful entry in the habitation of the actor].
(c) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.
SECTION 4. Section 83.001, Civil Practice and Remedies Code, is amended to read as follows:
Sec. 83.001. CIVIL IMMUNITY [AFFIRMATIVE DEFENSE]. A [It is an affirmative defense to a civil action for damages for personal injury or death that the] defendant who uses force or[, at the time the cause of action arose, was justified in using] deadly force that is justified under Chapter 9 [Section 9.32], Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s [against a person who at the time of the] use of force or deadly force, as applicable [was committing an offense of unlawful entry in the habitation of the defendant].
SECTION 5. (a) Sections 9.31 and 9.32, Penal Code, as amended by this Act, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for this purpose. For the purposes of this subsection, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.
(b) Section 83.001, Civil Practice and Remedies Code, as amended by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. An action that accrued before the effective date of this Act is governed by the law in effect at the time the action accrued, and that law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2007.

 

Just for your information, I did not know that the guy was there to "fuck my daughter" none of this was made known until the end. Even the police officer pointed it out that I DID NOT KNOW when another asked me about it.

If I had known he was there to "fuck my daughter" as in he told me what he was doing there instead of talking shit to me on my property, I would just have beaten his ass down. He is 19 and she is 16, I don't give a fuck that she was the cause, etc, I was not aware of this and young people do stupid things.

People will agree and people will not, the police agreed and that is all I need to know. If I was in someone else's property I would not, disrespect anyone asking me what I am doing there especially if they are armed. No one got hurt, like I said, trained people make mistakes worse than this. I DID AND I GOT LUCKY that things were not worse or got hurt.

I already know what could have happened, and it did not. I do regret everything that I did and will avoid (hopefully) repeating any of the things that transpired. Its not like I am bragging about what happened, I am just stating that I got lucky as others have been unlucky. To me it was sad what happened at that church (for the good guys).

Defend yourselves how you wish, and deal with what happens. Whether someone agrees or not.

 

Just so I'm clear...how did you spot this individual on your property?

Did he walk in the front door? Peek through a window? Or just ring the doorbell?
When you confronted him, where was he standing?

I know you know what you did wrong and I'm not here to reiterate it but I am just curious. Thanks.

 

Just get a boomstick with birdshot if you want to do warning shots

 

I had heard a noise outside like someone banging on the window, I figured maybe it was my son trying wake up one of the kids to open the door. I thought maybe he lost his key or something. The banging continued and noticed that my daughters did not wake up to let him in and figure something was wrong. I had looked outside and saw my son's truck there which is why I thought what I did, I know you were wondering.

I walked out to the porch (light was on), and saw nothing, went walked further out and saw a figure on the side of the house under the window furtherst back. I asked him what he was doing and who he was looking for, he then asked me who I was, asked him again who he was and what he wanted, same kind of response.

I let him know I had a weapon and would use it, from there it went south. Mistake number one, I went in the house quick (should have stayed), locked the door behind me, told my wife to call police, went back outside (mistake number two). The person was in the car but got out of the vehicle I had a bright LED light on him to blind and make sure he was unarmed. He then began trying to get me to shoot. the rest is history. The warning shot was to try and scare him into stopping until the police came since they were on the way.

Many mistakes made, blah, blah blah, I do not know what else to say man. Don't do what I did, or do it differently. I realize it, the police realize it, and I hope the person learns from it as well. Do you really fucking think I want to end up in jail? I had to sit down and let this shit sink in, don't fucking judge unless you have been there making the choices. It was not easy and I still have to think that things could have gone way worse, or might still.

If you have gone through this and did better, then good for you. I hope at least your family is safe as well as yourself. I fucking realize what I shouldn't have done. I like my freedom, I do not want harm to come to anyone if it need not happen.

 

Looking into this, found the site Box O' Truth, had some overpenetrating tests. Take a look at the site, very informative.

 

After hearing the whole story, it sounds like the main lesson to be learned from this is one that needs to be learned by your daughter and the types of people with whom she should associate. I don't have teenage daughters (or kids at all, yet), so I can't relate, but I wish you the best of luck.

 

I agree, that is a whole other issue, she did not realize the severity of what transpired and denied ever asking him to come, etc. I made these kinds of mistakes, shoot I have snuck in through windows when I was a young buck. But the only thing I have ever been confronted with was a bull whip, and that scared the crap out of me.

 

-1 for the asshole kid talking shit to you when he was on your property messing around.
+1 to you for standing up for yourself and defending your home/family

for everyone talking shit, he could have walked around the house and shot this kid on site! or worse, the dumb kid could have had a gun a shot excalis on site...

and the whole, "hide, let them take what they want" is bullshit. someone will get shot no questions asked if someone is breaking into my home. that criminal might trip and break his arm then sue me...or whatever bullshit the court system will try and pull.

 

I like the "Or just ring the doorbell" one, that is a good one. I guess all of the other people who have come over and knocked, etc the proper way at the front door got lucky also. The window that he was banging on (ends up being the wrong room), had signs that it had been worked on to be opened from one side.