Testing Castle Doctrine
GeorgeH sends this story of what may well be the first test of the scope of the castle doctrine.
A keyboard player for the band Edie Brickell & New Bohemians was shot to death early Monday in Dallas, while trying to kick in the door at his girlfriend’s neighbor’s house, police said.
Jeffrey Carter Albrecht was shot by a neighbor who may have believed he was a burglar trying to break into the home. The 34-year-old Albrecht died at the scene. It was not clear why Albrecht went to the house and the case is under investigation. No arrests have been made.
I have to admit that shooting through the front door may well raise some questions, and I’m not opposed to a thorough investigation. George notes that the Texas castle doctrine law went into effect on Sunday.
No obviously related posts.
With the limited information I have at hand, I’d charge the shooter with manslaughter.
The door effectively prevented Mr. Albrecht from posing a lethal threat to the shooter. Once the door was breached, then there would have been no question.
As firearms owners, we have a responsibility to control where our bullets go. A warning shot is reckless and endangers people in the same manner that driving recklessly does. If you kill someone because you were driving like an idiot, you should be responsible.
The same thing goes with misplaced warning shots.
Or am I missing something in this?
I would like to clarify that apparently the law allows you to shoot just on the threat of someone breaking your door in, so in that light, I stand corrected.
However, his shot was not intended to kill and therefor negligent.
OK, IMHO and I am not a lawyer, the ony way shooting through the door is negligent is if you don’t have enough ammo to shoot him if the door is later removed. You can’t aim through the door so are relying on luck to hit your target.
NOTE: If by shooting through the door you hit a person NOT involved with the attempt to break down the door that would be negligent.
I was under the impression that in the state of Texas, the only circumstances under which one is legally permitted to shoot from within one’s home at someone outside of it is if that someone is in the act of setting the house on fire.
Not that I fault the man for shooting at some crazy drunk guy who was trying to break down his front door at 4 am. I just think he’s going to be in some serious legal trouble. Hopefully the jury and prosecutor will see sense and call it manslaughter at the worst with a suspended sentence.
1) ALWAYS identify your target.
2) ALWAYS
1) ALWAYS identify your target
2) ALWAYS be in fear of your life
3) Every bullet sent downrange has a lawyer attached to it
4) There is NO such thing as a warning shot
5) You NEVER shoot to kill. You shoot to stop the violence and
protect your life and the lives of your family.
In my state,
force up to and including lethal force is allowed to terminate an entry, if the occupant belives the entrant intends to commit a felony aginst some one in the house.
If the intruder is inside the house the entry can’t be prevented, and self defence reverts to the four rules for a perfect self defence.
I agree with RESmith, shoot until the threat is removed.
Always shoot for center mass, you can’t fake with your chest.