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Recent cases relating to castle laws
Sunday, January 20, 2008
Lethal force against intruders was widely used in America long before the
rise of castle laws, and police today report cases across the country
whether or not such laws are in place. Here are recent cases from Dallas and
across the country:
Musician killed outside neighbor's home
A well-known Dallas musician who beat up his girlfriend and then tried to
kick in his neighbor's door in a drunken rage was killed Sept. 3 after being
shot in the head by the neighbor, who thought he was a burglar.
Carter Albrecht, 34, was a guitarist and keyboardist best known for his work
with Dallas rock band Sorta, as well as Edie Brickell & New Bohemians.
After hitting his girlfriend several times in the face, Mr. Albrecht
followed her as she fled her apartment, but she was able to duck inside
again and lock the door, she told police. Mr. Albrecht went to the back of a
neighbor's home, kicking and banging on the door.
The neighbor yelled at him to stop, but he didn't, so the neighbor shot once
at the top of the door. The bullet struck Mr. Albrecht in the head, and he
died at the scene. Police declined to file charges against the neighbor.
Business owner kills 2 suspected burglars
A Dallas man shot and killed two suspected burglars in three weeks when they
attempted to break into his West Dallas business.
James Walton, owner of Able Walton Machine & Welding, was alerted to an
intruder Oct. 14 when his motion-sensor alarm sounded. Mr. Walton, 70, who
lives at his business, went downstairs with his shotgun and fired at a man
who had broken in. The intruder, Jimmy Gannon of Ferris, was taken to
Methodist Dallas Medical Center, where he died of his wounds.
On Sept. 22, Mr. Walton shot and killed a man he saw climbing through a
pried-open window at his business. The intruder was later identified as Raul
Laureles.
In both cases, a Dallas County grand jury declined to indict Mr. Walton.
Man shoots another during attempted robbery
A man smelling of alcohol entered Joe's Cleaners in Far East Dallas on Oct.
8, left and returned a few minutes later with a gun. "The money's over
there. Go get it," owner Joseph Baggett told him as his wife ducked around a
corner.
The robber, later identified as Larry Lewis, ignored him and pressed a gun
against the back of Mr. Baggett's head. As they moved toward the back, Mr.
Baggett's wife emerged behind them, holding his 9 mm handgun. "Stop or I'll
shoot you," she said.
Mr. Baggett felt the pistol move from the back of his head, and the men
struggled for a moment until Mr. Baggett pushed Mr. Lewis away. Mr.
Baggett's wife handed him his gun and he fired three times, striking the
robber once in the face.
He died at the scene. Police said the shooting was justifiable.
76-year-old shoots home intruder with shotgun
Eldridge Davis, 76, shot an intruder who police say forced his way into the
east Oak Cliff man's house Nov. 20.
The two men struggled until Mr. Davis pulled a shotgun from beneath his bed
and shot 28-year-old Rodrick Dewayne Hampton in the hand, shoulder and face.
Mr. Hampton was taken to Methodist Dallas Medical Center for treatment.
Police declined to file charges against Mr. Davis.
Woman kills beer thief at convenience store
A woman working alone at an Old East Dallas convenience store in 2005 shot
and killed a man who walked out without paying for two cases of beer.
As 32-year-old Joshua Coleman walked out the door, Basy Thach grabbed a
pistol from beneath the counter and demanded that he stop. When he didn't,
she shot him in the back.
Ms. Thach told police that because the man had tattoos, she felt threatened.
Police arrested her on suspicion of murder because Mr. Coleman was unarmed.
A Dallas County grand jury declined to indict her.
TEXAS
State Rep. Borris Miles of Houston - who voted against Texas' castle law -
shot and wounded a man he said was trying to steal copper from his new home
in July. Mr. Miles was upstairs in the home, then still under construction,
when he heard noise downstairs. He found two men cutting pipes. When he
yelled, one threw a pocketknife, and Mr. Miles, who has a concealed-handgun
permit, shot the man in the leg. He was not charged in the case.
..
A man who forced his way into a home in Copperas Cove this month was shot
and killed by the homeowner. The intruder "entered the residence unlawfully
and apparently used physical force against the homeowner," police said. The
man was shot several times in the upper torso and died from his injuries at
a nearby hospital. The case is under investigation.
NATIONAL
A 23-year-old prostitute in Port Richey, Fla., killed a longtime client in
July 2006 when he threatened to shoot her, then kill himself. The woman
grabbed the gun from the 72-year-old man and shot him. The state attorney's
office declined to charge her, citing a provision in Florida's castle law
that removed a requirement to retreat if possible.
..
A photographer working alone in his studio in Grand Rapids, Mich., in
October heard noises - a bang at the front door and then a loud crash.
Grabbing his handgun, he confronted an intruder and ordered him to leave.
According to police, the intruder moved toward the man with something in his
hand - a brick inside two plastic bags - and the photographer shot and
killed him. The county prosecutor didn't charge the photographer, ruling he
had acted in self-defense. Michigan is a castle law state.
..
A Huntsville, Ala., man was killed Jan. 13 after he tried to crawl through
the window of a neighbor's apartment, apparently after an evening of
drinking. Locked out of his apartment, the man tried to get in through a
window but mistook the neighbor's apartment for his own. The neighbor,
thinking the man was a burglar, shot and killed him. No charges were filed,
police said, but the case will go to a grand jury. Alabama has a castle law.
Recent cases relating to castle laws
Sunday, January 20, 2008
Lethal force against intruders was widely used in America long before the
rise of castle laws, and police today report cases across the country
whether or not such laws are in place. Here are recent cases from Dallas and
across the country:
Musician killed outside neighbor's home
A well-known Dallas musician who beat up his girlfriend and then tried to
kick in his neighbor's door in a drunken rage was killed Sept. 3 after being
shot in the head by the neighbor, who thought he was a burglar.
Carter Albrecht, 34, was a guitarist and keyboardist best known for his work
with Dallas rock band Sorta, as well as Edie Brickell & New Bohemians.
After hitting his girlfriend several times in the face, Mr. Albrecht
followed her as she fled her apartment, but she was able to duck inside
again and lock the door, she told police. Mr. Albrecht went to the back of a
neighbor's home, kicking and banging on the door.
The neighbor yelled at him to stop, but he didn't, so the neighbor shot once
at the top of the door. The bullet struck Mr. Albrecht in the head, and he
died at the scene. Police declined to file charges against the neighbor.
Business owner kills 2 suspected burglars
A Dallas man shot and killed two suspected burglars in three weeks when they
attempted to break into his West Dallas business.
James Walton, owner of Able Walton Machine & Welding, was alerted to an
intruder Oct. 14 when his motion-sensor alarm sounded. Mr. Walton, 70, who
lives at his business, went downstairs with his shotgun and fired at a man
who had broken in. The intruder, Jimmy Gannon of Ferris, was taken to
Methodist Dallas Medical Center, where he died of his wounds.
On Sept. 22, Mr. Walton shot and killed a man he saw climbing through a
pried-open window at his business. The intruder was later identified as Raul
Laureles.
In both cases, a Dallas County grand jury declined to indict Mr. Walton.
Man shoots another during attempted robbery
A man smelling of alcohol entered Joe's Cleaners in Far East Dallas on Oct.
8, left and returned a few minutes later with a gun. "The money's over
there. Go get it," owner Joseph Baggett told him as his wife ducked around a
corner.
The robber, later identified as Larry Lewis, ignored him and pressed a gun
against the back of Mr. Baggett's head. As they moved toward the back, Mr.
Baggett's wife emerged behind them, holding his 9 mm handgun. "Stop or I'll
shoot you," she said.
Mr. Baggett felt the pistol move from the back of his head, and the men
struggled for a moment until Mr. Baggett pushed Mr. Lewis away. Mr.
Baggett's wife handed him his gun and he fired three times, striking the
robber once in the face.
He died at the scene. Police said the shooting was justifiable.
76-year-old shoots home intruder with shotgun
Eldridge Davis, 76, shot an intruder who police say forced his way into the
east Oak Cliff man's house Nov. 20.
The two men struggled until Mr. Davis pulled a shotgun from beneath his bed
and shot 28-year-old Rodrick Dewayne Hampton in the hand, shoulder and face.
Mr. Hampton was taken to Methodist Dallas Medical Center for treatment.
Police declined to file charges against Mr. Davis.
Woman kills beer thief at convenience store
A woman working alone at an Old East Dallas convenience store in 2005 shot
and killed a man who walked out without paying for two cases of beer.
As 32-year-old Joshua Coleman walked out the door, Basy Thach grabbed a
pistol from beneath the counter and demanded that he stop. When he didn't,
she shot him in the back.
Ms. Thach told police that because the man had tattoos, she felt threatened.
Police arrested her on suspicion of murder because Mr. Coleman was unarmed.
A Dallas County grand jury declined to indict her.
TEXAS
State Rep. Borris Miles of Houston - who voted against Texas' castle law -
shot and wounded a man he said was trying to steal copper from his new home
in July. Mr. Miles was upstairs in the home, then still under construction,
when he heard noise downstairs. He found two men cutting pipes. When he
yelled, one threw a pocketknife, and Mr. Miles, who has a concealed-handgun
permit, shot the man in the leg. He was not charged in the case.
..
A man who forced his way into a home in Copperas Cove this month was shot
and killed by the homeowner. The intruder "entered the residence unlawfully
and apparently used physical force against the homeowner," police said. The
man was shot several times in the upper torso and died from his injuries at
a nearby hospital. The case is under investigation.
NATIONAL
A 23-year-old prostitute in Port Richey, Fla., killed a longtime client in
July 2006 when he threatened to shoot her, then kill himself. The woman
grabbed the gun from the 72-year-old man and shot him. The state attorney's
office declined to charge her, citing a provision in Florida's castle law
that removed a requirement to retreat if possible.
..
A photographer working alone in his studio in Grand Rapids, Mich., in
October heard noises - a bang at the front door and then a loud crash.
Grabbing his handgun, he confronted an intruder and ordered him to leave.
According to police, the intruder moved toward the man with something in his
hand - a brick inside two plastic bags - and the photographer shot and
killed him. The county prosecutor didn't charge the photographer, ruling he
had acted in self-defense. Michigan is a castle law state.
..
A Huntsville, Ala., man was killed Jan. 13 after he tried to crawl through
the window of a neighbor's apartment, apparently after an evening of
drinking. Locked out of his apartment, the man tried to get in through a
window but mistook the neighbor's apartment for his own. The neighbor,
thinking the man was a burglar, shot and killed him. No charges were filed,
police said, but the case will go to a grand jury. Alabama has a castle law.
