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Neighbor May Face Charges After Shooting

POSTED: Friday, November 16, 2007
UPDATED: 9:44 am CST November 17, 2007

A Pasadena neighbor who police said shot and killed two suspected burglars next door to his home may be charged with a crime, KPRC Local 2 reported Friday.

Police said the man, who was trying to protect someone else's property, may not be protected by the law.

A 911 call reveals more about the man as he witnessed the two suspected burglars breaking into a neighbor's home.

Caller: "Hurry up, man. Catch these guys, will you, because I ain't going to let them go. I’m not going to let them get away with this (expletive). I can't take a chance on getting killed over this. OK?"

911 Operator: "No."

Caller: "I'm going to shoot."

911 Operator: "Stay inside the house and don't go out there, OK? I know you're pissed off and I know what you're feeling, but it's not worth shooting someone over this, OK?"

Caller: "I don't want to but if I go out there to see what's going on, what chance am I going to have?"

Officials said that's where the lines of the law become hazy.

The Castle Doctrine permits people to use deadly force to protect themselves and their property.

State Sen. Mario Gallegos was one of the supporters of the bill.

"The Castle Doctrine -- you have the right to protect your domicile and your castle," Gallegos said.

But Gallegos said that if it's a neighbor pulling the trigger, he has to have been asked to protect the property.

That may not have been the case, according to the 911 call.

911 Operator: "Do you know your neighbors?"

Caller: "No, I really don't know these neighbors. I know the neighbors on the other side really well. I can assure you if it had been their house, I would have already done something."

"Just on pure assumption and not seeing the police record, I would think that this case does not come under the Castle Doctrine," Gallegos said.

Police identified the suspected burglars as Miguel DeJesus, 38, and Diego Ortiz, 30.

DeJesus had a conviction for drug possession while Ortiz had a handful of misdemeanor charges.

The shooting happened shortly after 2 p.m. Wednesday in the 7400 block of Timberline in the Village Grove East subdivision.

Investigators said the suspected burglars had just crawled out of a window when the neighbor armed with a shotgun confronted them.

The neighbor released the following statement on Friday through this attorney.

"Any loss of life casts permanent devastation over the lives of everyone involved. The events of that day will weigh heavily on me for the rest of my life. My thoughts go out to the loved ones of the deceased."

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