Myhairygrundle
09-22-2007, 08:56 AM
Our "use of force" laws here are among the most lax in the nation.
Bottom line, you can pretty much shoot anyone on your property if you think they are going to steal something.
The best part is that the DA is siding with the shooter, not trying to throw the book at him...he has to present to the grand jury, but with no charges.
http://www.itemonline.com/local/local_story_265011816.html
Man’s death heading to grand jury
By Robbie Byrd
News Editor
A Walker County grand jury will hear the case of a man who shot an intruder at his business in the early morning hours Wednesday.
T.J. Burdett — owner of T.J. Burdett & Sons Recycling Center, located near the intersection of state Highway 75 and Interstate 45 — will face the grand jury for the shooting of a trespasser on his property around 4:30 a.m. Wednesday.
But Walker County Criminal District Attorney said he doesn’t plan to present any charges to the grand jury.
“We're going to take (the case) to the regularly scheduled grand jury meeting as a matter of policy,” Weeks said. “ I think the law is very clear that (the shooting) will be deemed a justifiable act.”
According to police, Burdett shot Terry Reginald Green in the chest with a shotgun after Green failed to comply with Burdett’s order to stay put.
Green — who is from Industry, some 18 miles south of Brenham — was pronounced dead at the scene by Precinct 1 Justice of the Peace Janie Farris.
Sgt. Jim Barnes with the Huntsville Police Department said Green was shot once. Green’s body was taken to a medical examiner for an autopsy.
Barnes said it appeared Green was attempting to steal some scrap copper at the facility when Burdett discovered him.
“The subject entered the closed business at night (and) appeared to be about to commit a theft,” Barnes said. “He had on gloves and was heading toward a general area where copper was kept.”
Barnes said the man forced himself through a locked gate to enter the fenced-off area.
Under Texas law, deadly force is authorized when one fears their life is in danger, as well as to protect personal property or prevent the commission of robbery, theft during the nighttime or criminal mischief.
“You have a right to use deadly force,” Weeks said. “Basically, the law provides that you are justified in using deadly force to protect land or tangible, movable property.”
Weeks said that his office is not required to present the case to a grand jury, but as a matter of policy plans to present the case without any recommended charges.
“This will be presented to the grand jury with no recommended charges due to the nature of the situation,” Weeks said. “ I fully expect the grand jury will (not charge Burdett).
“I’m here to follow the law and the law is clear: he had the right to do what he did.”
Weeks said Burdett fired a warning shot into the air before shooting Green.
“That’s more than the law requires,” Weeks said. “If anything, (Burdett) went farther than he had to.”
Although there are no official statistics, copper thefts appear to be at the highest level in decades, according to the Institute of Scrap Recycling Industries.
“Metals theft has become an overwhelming problem for communities, police, and, of course, recyclers,” said Frank Cozzi, the group’s chair. “ Unfortunately, criminals will take advantage of nearly every opportunity available to them.
Skyrocketing costs of metals have caused a sharp increase in their theft, most often copper.
Copper is completely recyclable, and the institute says most recyclers will pay on average 85 percent of the cost of “new” copper.
Copper futures for December were at $3.5925 per pound at the close of trading Friday, down 20 cents from Thursday.
The Texas Legislature passed a bill in its 2007 session that essentially granted more leeway into property owners in their decision to use deadly force.
“(The new law) certainly expanded their rights and also assisted people in protecting their civil liberties in these matters,” Weeks said. “You can use deadly force. Texas law says we can do that.”
.
Bottom line, you can pretty much shoot anyone on your property if you think they are going to steal something.
The best part is that the DA is siding with the shooter, not trying to throw the book at him...he has to present to the grand jury, but with no charges.
http://www.itemonline.com/local/local_story_265011816.html
Man’s death heading to grand jury
By Robbie Byrd
News Editor
A Walker County grand jury will hear the case of a man who shot an intruder at his business in the early morning hours Wednesday.
T.J. Burdett — owner of T.J. Burdett & Sons Recycling Center, located near the intersection of state Highway 75 and Interstate 45 — will face the grand jury for the shooting of a trespasser on his property around 4:30 a.m. Wednesday.
But Walker County Criminal District Attorney said he doesn’t plan to present any charges to the grand jury.
“We're going to take (the case) to the regularly scheduled grand jury meeting as a matter of policy,” Weeks said. “ I think the law is very clear that (the shooting) will be deemed a justifiable act.”
According to police, Burdett shot Terry Reginald Green in the chest with a shotgun after Green failed to comply with Burdett’s order to stay put.
Green — who is from Industry, some 18 miles south of Brenham — was pronounced dead at the scene by Precinct 1 Justice of the Peace Janie Farris.
Sgt. Jim Barnes with the Huntsville Police Department said Green was shot once. Green’s body was taken to a medical examiner for an autopsy.
Barnes said it appeared Green was attempting to steal some scrap copper at the facility when Burdett discovered him.
“The subject entered the closed business at night (and) appeared to be about to commit a theft,” Barnes said. “He had on gloves and was heading toward a general area where copper was kept.”
Barnes said the man forced himself through a locked gate to enter the fenced-off area.
Under Texas law, deadly force is authorized when one fears their life is in danger, as well as to protect personal property or prevent the commission of robbery, theft during the nighttime or criminal mischief.
“You have a right to use deadly force,” Weeks said. “Basically, the law provides that you are justified in using deadly force to protect land or tangible, movable property.”
Weeks said that his office is not required to present the case to a grand jury, but as a matter of policy plans to present the case without any recommended charges.
“This will be presented to the grand jury with no recommended charges due to the nature of the situation,” Weeks said. “ I fully expect the grand jury will (not charge Burdett).
“I’m here to follow the law and the law is clear: he had the right to do what he did.”
Weeks said Burdett fired a warning shot into the air before shooting Green.
“That’s more than the law requires,” Weeks said. “If anything, (Burdett) went farther than he had to.”
Although there are no official statistics, copper thefts appear to be at the highest level in decades, according to the Institute of Scrap Recycling Industries.
“Metals theft has become an overwhelming problem for communities, police, and, of course, recyclers,” said Frank Cozzi, the group’s chair. “ Unfortunately, criminals will take advantage of nearly every opportunity available to them.
Skyrocketing costs of metals have caused a sharp increase in their theft, most often copper.
Copper is completely recyclable, and the institute says most recyclers will pay on average 85 percent of the cost of “new” copper.
Copper futures for December were at $3.5925 per pound at the close of trading Friday, down 20 cents from Thursday.
The Texas Legislature passed a bill in its 2007 session that essentially granted more leeway into property owners in their decision to use deadly force.
“(The new law) certainly expanded their rights and also assisted people in protecting their civil liberties in these matters,” Weeks said. “You can use deadly force. Texas law says we can do that.”
.