Castle Doctrine Case in San Antonio- Closing Arguments

[Matthew2000tx]

Closing Arguments Set In 'Castle Doctrine' Trial - San Antonio & Texas News Story - KSAT San Antonio

 

[Matthew2000tx]

Castle Doctrine Case in San Antonio- I'm watching this one.

Closing Arguments Set In 'Castle Doctrine' Trial - San Antonio & Texas News Story - KSAT San Antonio

KSAT stated that they jury will hold closing arguments tomorrow. I'm interested to see how this case comes out. From the way it sounds he followed the kid (who was drunk and thought is was in his sister's house) out of the house and shot him five times. If that is the case... and he tracked the drunk kid down outside the house he might be in the hot seat.

I don't know much of the details.

 

[Bithabus]

Kathrine Lemes testified during her husband's trial on Tuesday."I screamed, 'Ray, Ray, there's someone in the house,'" Katherine Lemes said.Her husband testified that his wife's screams awakened him and he grabbed a pistol and dashed out the front door. He said he spotted a man, later identified as Tracy Glass, in the street running from their home."I fumbled with the gun momentarily, then opened fire," Lemes testified. He said he fired because he was in fear for his life. He said Glass was advancing toward him and he feared he was going to try to go back into the house.

Doesn't sound like a "Castle Doctrine case" to me.

 

[lalonguecarabine]

It doesn't say in that article, but I had previously heard that the guy was actually shot ON their property (specifically in the driveway), and stumbled out into the street where he died.
I haven't been following the case, so I don't know if that was disproved or not, but it's the last thing I heard about this case.

 

[zembonez]

Re: Castle Doctrine Case in San Antonio- I'm watching this one.

That might get sticky.

 

[RetArmySgt]

If he is running away how is he a threat to life or limb?

 

[RetArmySgt]

Re: Castle Doctrine Case in San Antonio- I'm watching this one.

You started two threads on this?

 

[zembonez]

Well, it's surely not a classic case. It should prove interesting how it plays out.

 

[just jk]

Re: Castle Doctrine Case in San Antonio- I'm watching this one.

yeah if you leave your house.....trouble.....

 

[zembonez]

Threads merged.

 

[Matthew2000tx]

Re: Castle Doctrine Case in San Antonio- I'm watching this one.

You started two threads on this?

Wasn't sure if it should have gone in San Antonio or News Articles.... anyways so I just posted a link in news articles and thought we'd discuss it more in the San Antonio Thread.


This case sounds sticky... the kid was drunk and according to what I read and heard he thought he was in his sisters home...I don't know how he behaved but one could argue for either side (he was threat or he wasn't). Sad to see this college kid dead because of a drinking session and confusion. It will be interesting to see how this was turn out tomorrow (if jury has verdict then). As other have said following someone outside your house is asking for a sticky situation especially if that person is retreating.

 

[Matthew2000tx]

Threads merged.

Thanks... wasn't sure where this discussion fit (San Antonio or News Articles)

 

[zembonez]

Thanks... wasn't sure where this discussion fit (San Antonio or News Articles)

Either one was fine. Thanks for posting it.

 

[SPCHardin]

Yea, sounds like he could go to the slammer for a very long time if the intruder was in fact in retreat. Sounds like he just wanted to plug him.

 

[RetArmySgt]

Someone got trigger happy by the sounds of it, he said the kid was already outside running away as he fumbled with his gun. At that point he should have just gone back inside and locked the door.

 

[txinvestigator]

It doesn't say in that article, but I had previously heard that the guy was actually shot ON their property (specifically in the driveway), and stumbled out into the street where he died.
I haven't been following the case, so I don't know if that was disproved or not, but it's the last thing I heard about this case.

The "stand your ground" portion of the Castle Doctrine might apply.

 

[SPCHardin]

Does that doctrine still apply if the target is not presenting you with a threat?

 

[txinvestigator]

Knowing full well the media seldom gets facts straight;

From the article
He said he spotted a man, later identified as Tracy Glass, in the street running from their home.

"I fumbled with the gun momentarily, then opened fire," Lemes testified. He said he fired because he was in fear for his life. He said Glass was advancing toward him and he feared he was going to try to go back into the house.

That is problematic.

Lemes' lawyers said the shooting was justified under the Texas Castle Doctrine. The doctrine says that shooting an intruder is justified as a last resort if one is in fear of his life and protecting his family and property.

No, that was justified BEFORE the Castle Doctrine.

Too many unanswered questions; Did Glass actually enter the residence? If so, did he forcefully enter? Was he retreating or advancing on the homeowner? I would really like to read the transcript on this.

 

[txinvestigator]

Does that doctrine still apply if the target is not presenting you with a threat?

In a nutshell, no. However, the Castle Doctrine is badly misunderstood and cited often when it is not applicable. There are also TWO parts of the Castle Doctrine that apply specifically to the justifications for using deadly force. If interested, I am writing a paper on the Castle Doctrine and can post it on this forum when complete. I was fortunate enough to recently have a Dallas County Felony Prosecutor and a Criminal Defense Attorney (both who have handled deadly force cases) in separate classes last month. I spent quite a bit of time with both of them going over the three legs of the Castle Doctrine; surprisingly, they both agreed on the application of the law. My paper is based on those discussions

 

[Renegade]

Not good for the homeowner unless there is a sympathy vote.