Cypress Mill Park I Tire Thief Encounter

[jamesmrj]

So Thursday morning there was a shooting in one of the other sections controlled by my neighborhood's HOA. Below is a description of the incident as best I have been able to gather from various sources.

The homeowner was preparing to leave for work in the morning when he was alerted to activity in his neighbor's driveway. He went outside, armed with a pistol to run off/document the tire thieves he saw in the notification from his ring camera. When the thieves were confronted, the home owner only saw the one by his neighbor's vehicle. As the homeowner was fiddling with his phone trying to document individual he confronted, the second thief standing by the getaway vehicle fired five shots as he and his accomplice made their getaway. The five shots missed the homeowner hitting the brick and roof of his house a couple feet above his head.




I have to say good on the homeowner for attempting to protect his neighborhood. I don't know anything on when the police were called. He definitely made some mistakes with his situational awareness, and non use of concealment/cover.

Anyone have any other constructive criticism for the rest of us to learn from this scenario?

 

[Mowingmaniac 24/7]

My opinion: He should've called Law Enforcement.

I know I wouldn't risk my life for my neighbors tires.

 

[Dawico]

First off, he grabbed a pistol. Rifle or shotgun would have been a better choice if available.

Secondly, it doesn't appear he returned fire. Sometimes you have to shoot back first.....

Third, like stated, no word of the police being called.

Fourth, being surprised by a second criminal. Should have been more aware.

Fifth, letting the criminals know he was there at all until it was too late for them to respond.

 

[Dawico]

My opinion: He should've called Law Enforcement.

I know I wouldn't risk my life for my neighbors tires.

That's why no one will remember your name.

 

[kbaxter60]

Glad that the shooter did not appear to have a lot of range time.

 

[Mowingmaniac 24/7]

D,

Huh?

Do you sincerely believe all gun owners are obligated to act as amateur Law Enforcement?

Or, were you joking?

 

[Brains]

When I was in Bridgeland wheel thefts here huge, they hit a ton of subdivisions in the area. A few years back they basically just went door to door through Cypress Creek Lakes. We mostly had kids pulling door handles, probably because most of the driveways were sloped making it tougher and slower to pull the wheels.

 

[MTA]

When I was in Bridgeland wheel thefts here huge, they hit a ton of subdivisions in the area. A few years back they basically just went door to door through Cypress Creek Lakes. We mostly had kids pulling door handles, probably because most of the driveways were sloped making it tougher and slower to pull the wheels.

Cant you shoot someone committing felony burglary at night on your property?

 

[ZX9RCAM]

Is "on the property" burglary?

 

[oldag]

The second thief could have been completely hidden from his sight.

 

[Mowingmaniac 24/7]

I recall not so long ago, a good Samaritan drawing his gun attempted to stop some crime or other (forgot the fine details) from happening in a Walmart.

He got the drop on the bad guy...and then bad guy's girlfriend materialized and shot the good Samaritan in the back killing him.

I'd step up to the plate in defense of a child, but in most scenarios people who adopt the John Wayne attitude of 'I've got a gun and know how to use it' you scum sucking criminal... quite often get smoked.

My gun is for defending my life and my loved ones.

My name ain't Marshall Dillon nor will I pretend to be...

 

[candcallen]

That's not burglary. Its also not his property so it's not robbery as far as he's concerned/victim of. Its ADW once hes shot at.

I'm only commenting on those narrow concepts not weather or not he should be anything but a witness or drop a dime to the cops or more involved in the situation. He did put himself in a bad tactical position. Standing in a psuedo funnel of the backlight entryway is stupid.

I will say situational awareness sucked. I keep a bright light by the door, dont go out side without it.

 

[Kar98]

My opinion: He should've called Law Enforcement.

I know I wouldn't risk my life for my neighbors tires.

I wouldn’t risk my life for my own damn tires, LOL.

 

[rotor]

I recall not so long ago, a good Samaritan drawing his gun attempted to stop some crime or other (forgot the fine details) from happening in a Walmart.

He got the drop on the bad guy...and then bad guy's girlfriend materialized and shot the good Samaritan in the back killing him.

I'd step up to the plate in defense of a child, but in most scenarios people who adopt the John Wayne attitude of 'I've got a gun and know how to use it' you scum sucking criminal... quite often get smoked.

My gun is for defending my life and my loved ones.

My name ain't Marshall Dillon nor will I pretend to be...

Yeah there was a youtube of that. I agree with you. Some of you are LEO, I am not.

 

[candcallen]

Fools rush in definitely apply in these situations.

I'm a firm proponent of be a good witness and call the cops and deter if you can where things like this are concerned.

Bodily injury, robbery of a person/aggravated robbery where there is a danger of injury is different IMHO, for me anyways, but rushing into these types crimes is stupid as these guys always have a lookout at minimum. You absolutely have to assume this and weigh the consequences of others misinterpreting the situation as well.

Its insured property. As much as I hate thieves I have to keep that in mind.

 

[cycleguy2300]

Cant you shoot someone committing felony burglary at night on your property?

Pretty sure you're GTG on returning fire once they start blasting.

Sent from your mom's house using Tapatalk

 

[cycleguy2300]

Fools rush in definitely apply in these situations.

I'm a firm proponent of be a good witness and call the cops and deter if you can where things like this are concerned.

Bodily injury, robbery of a person/aggravated robbery where there is a danger of injury is different IMHO, for me anyways, but rushing into these types crimes is stupid as these guys always have a lookout at minimum. You absolutely have to assume this and weigh the consequences of others misinterpreting the situation as well.

Its insured property. As much as I hate thieves I have to keep that in mind.

I mostly agree. It's property that won't be used in the direct commission of creating further victims (like a stolen car or gun).

I can see calling police, snapping some good pics, observing the suspects to get a good description, and being an expert witness right up to the point they saw me and presented a gun. Then its time fore return fire.

My life isn't worth someone else's property when the property won't hurt anyone else and can be replaced.

Sent from your mom's house using Tapatalk

 

[RoadRunner]

Cant you shoot someone committing felony burglary at night on your property?

Yes, you can unless the law has changed in the last few years.

 

[candcallen]

Again that's not burglary.

 

[gll]

Again that's not burglary.

Griffin v. State
815 S.W.2d 576 (1991)

Ray Kennedy GRIFFIN, Appellant, v. The STATE of Texas, Appellee.

No. 245-90.

Court of Criminal Appeals of Texas, En Banc.

June 5, 1991.

Griffin v. State

Griffin v. State - 815 S.W.2d 576

law.justia.com

"Because "enter" is defined exactly the same for burglary of a building or habitation as it is for burglary of a vehicle, the element of intrusion into a building or habitation under § 30.02 should be of the same nature as intrusion into a vehicle under § 30.04. Stealing a mailbox or a window shutter attached to the side of a house would not be entry so as to constitute burglary. Similarly, stealing a hood ornament or antenna attached to the outside of a vehicle would not be entry so as to constitute burglary of a vehicle. Tires and hubcaps are analogous to these examples, because no entry of any part of the vehicle is effected."

DEADLY FORCE AND DEFENSE OF PROPERTY

Defense of Property in Texas | Doug Murphy Law Firm, P.C.

You have the right to use force to defend your property in Texas. Houston criminal defense attorney Doug Murphy can help you defeat criminal charges by arguing an affirmative defense. Contact his office today at (713) 229-8333 to learn more.

www.dougmurphylaw.com

"Deadly force may be used to defend your land or tangible, movable property when you reasonably believe that immediate force is necessary to prevent another person from committing one of the following crimes:

Arson
Burglary
Aggravated robbery
Theft at night, or
Criminal mischief at night."

Me: Seems obvious this guy could have fired back when he was fired upon, but not after he fled to safety.