HOUSTON – Criminals are usually taking a big risk invading the properties of Texas homeowners as one law protects them to stand their ground -- by any means necessary.
According to WorldPopulationReview.com, about 45.7% of Texans own a firearm in 2022.
The state of Texas adopted the Stand Your Ground Law, formally known as the Castle Doctrine, which allows a person to respond to threats or force without fear of criminal prosecution in any place where a person has the right to be.
But these laws can be murky for gunowners and may even risk them of being charged.
Suspect gunned down by homeowner
This came into question recently after a man was shot to death when he reportedly tried to steal a barbecue pit from another person’s home in northeast Harris County on Feb. 18.
The suspect then fled from the scene in a vehicle, and the homeowner got in his car and followed him.
Harris County Sheriff Ed Gonzalez said the homeowner confronted the suspect after catching up to him. Gonzalez said when the homeowner confronted the suspect in the vehicle, he believed the driver of the vehicle had possibly retrieved a weapon. The homeowner, fearing for his safety, fired several times at the suspect, striking him.
Gonzalez said a second person who was in the car with the suspect was not injured and is not being charged at this time.
Will the homeowner face charges?
KPRC 2 reporter Bill Barajas spoke with criminal defense attorney Letitia Quinones-Hollins about this case and if the homeowner should have any concern.
Quinones-Hollins said the homeowner in this case needs to be a little concerned.
She said if he had shot the suspect while the suspect was on property, attempting to commit a felony, the Stand Your Ground Law would have protected him. However, Quinones-Hollins said it becomes murky in what happens after that.
She said the homeowner had the right to follow the suspect to obtain information and identifiers, however, you cannot follow the suspect after the actual burglary has been committed and then use deadly force against the suspect.
What charges could a homeowner face? Quinones-Hollins said there is a risk of a murder charge, deadly conduct, reckless conduct or reckless behavior. However, in the punishment phase, it could be reduced to a sudden passion type of offense.
She said the jury could find any reasonable person in those set of circumstances would have used deadly force. This could reduce the charge to second degree murder or manslaughter, where he will be facing two to 20 years as oppose to five to life, because of the sudden passion.
How the law will protect the homeowner
Quinones-Hollins said the Texas law would protect you if the homeowner went to follow the suspect to get identifiers and the suspect then pulled a gun on them. Then at that time, the gunowner has the right to stand their ground.
She said the law extends when you attempt to get identifiers and you still have the right to defend yourself.
“That would be the key, did the suspect use or attempt to use deadly force, the law will protect him to use self-defense,” Quinones-Hollins said.
A homeowner has the right to protect themselves, but when you follow, it becomes murky.
For the murky and gray area, Quinones-Hollins said cases such as this will go into the hands of citizens who meet about particular cases and if that person should be indicted.
“Stand You Ground is something that we live by in Texas,” she said. “This is a classic Stand Your Ground case.”
“When you commit a felony on someone else property, I would kind of warn these suspects out here. You’re placing yourself in danger of in fact potentially being injured, seriously injured or even causing death,” Quinones-Hollins said.