To answer your question Mikey, "YES." The burglars were not white. Being an ex-cop here in Houston I have to say that I am sure the 911 caller may not get off so easily. In fact if he were to get a lenient murder charge it would be because of his age.
Texas law DOES permit one to use deadly force to protect one’s self from threat of serious bodily injury or death or the serious bodily injury or death of someone else. Texas law ALSO permits the use of force to protect one’s property if the burglar is making entry into one’s home (i.e. walking in) or entering (i.e. using his hand or something attached to his hand through a window) at any time of day. If the intruder is on your property outside the home the intruder may be “stopped†with deadly force at night (if it was proven they had intent of inflicting injury or attempting to remove items from the property). This doesn't apply the same to someone else's property and daytime is a different tune. That’s why around here the old saying goes, “To remove all doubt, shoot ‘em then drag him inside.â€
If this incident would have happened at night and the burglars were trying to gain entry into the caller’s home he would be justified beyond a reasonable doubt. However, the 911 tape doesn’t help his cause. He was repeatedly advised to remain indoors, thereby keeping out of harm’s way. Instead he loaded his shotgun (letting the dispatcher hear it), knowingly stepped out of his home placing himself in a position where he can discharge his weapon under the defense they were approaching him. He had plenty of time to rethink what he was about to do. The caller sounded like he was just itching to shoot someone no matter what the dispatcher said.
I can appreciate his frustration of the elevated crime rate since Hurricane Katrina causing many thousands to be displaced to Houston. Many Houstonians are frustrated along with him. We aren’t certain if he even knows his neighbor at all. Undoubtedly, those burglars were scum for unlawfully entering someone’s home no matter what color they are, but they were human lives and should have been apprehended and tried for their crimes. The caller clearly made up his mind to kill and I wouldn’t be a bit shocked that their skin color heightened his rage.
He could have simply witnessed the crime trying to help with the investigation instead of taking the law into his own hands. Judging from the neighborhood his neighbor likely had insurance anyway. If he is found innocent then this incident will be viewed as race related. A sad situation indeed. We'll just have to wait and see what the outcome is.
