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Texas Couple Kill Home Intruder

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  • chevydeerhunter

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    Texas Woman Kills Home Intruder With His Own Gun


    Thursday , September 04, 2008
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    BLUE MOUND, Texas —
    When two gunmen smashed through the glass front door of her suburban Fort Worth home, Kellie Hoehn didn't think twice.

    The 34-year-old mother of two grabbed a shotgun that had been pointed at her face early Wednesday, starting a struggle that ended with one intruder killed with his own weapon and another in the hospital.
    "I wasn't going to let them get to my babies," she said, recalling the moment when she pushed up the muzzle of the shotgun, pointing it away from her children's rooms.
    Although the intruders told her to keep quiet, she screamed for her husband. She told her 12-year-old son, who was awakened by the sound of the shattering glass front door, to get his 5-year-old sister and hide.
    "It was like a horror movie," her husband, 32-year-old Keith Hoehn, told the Fort Worth Star-Telegram. "I thought I was a dead man. We're fighting for our lives."
    With Kellie Hoehn clinging to the weapon's muzzle, her husband tackled the man who held the shotgun. She knocked the intruder in the head with a jar candle, giving her husband a chance to wrest the shotgun.
    By then the tussle had spilled out onto the front lawn. Keith Hoehn shot one of the men who had a pistol, police said. Wounded, that man ran away.
    Then the intruder who initially had the shotgun charged Keith Hoehn.
    Kellie Hoehn told The Dallas Morning News that she screamed at her husband, "Shoot him, shoot him, shoot him."
    Her husband fired the shotgun and the man fell to the ground. Then the shot man lunged a second time.
    "Well, I shot him again, and I guess that was it," Keith Hoehn said.
    Dakota Scott Benoit, 20, of Richland Hills, was pronounced dead at a hospital. John Garland Pierson, 25, of Haltom City, was in critical condition and in police custody at the hospital.
    "I am not happy that someone is dead," Kellie Hoehn said. "But I am glad that my family is alive."
    Police said Pierson was shot in the left arm and the bullet pierced his diaphragm and other organs but his condition was improving. He will face charges of burglary of habitation with intent to commit another felony, police said.
    Investigators say the couple were just defending their family and probably won't be charged.
     

    sharky47

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    "Investigators say the couple were just defending their family and probably won't be charged."

    Does anyone else's stomach turn when they read that sentence? "Probably" won't be charged?
     

    txinvestigator

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    "Investigators say the couple were just defending their family and probably won't be charged."

    Does anyone else's stomach turn when they read that sentence? "Probably" won't be charged?

    Nah. A smart criminal investigator won't definitively answer that question so early in an investigation. While I fully believe that this incident is exactly what it appears to be, the police have to insure it. There are other possibilities.

    I expect the GJ to quickly No Bill him.
     

    Hoji

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    Actually the guy that lived can be charged with 1st degree murder as his partner was killed during the commission of a felony IIRC. Keep stacking the charges on this SOB.
     

    txinvestigator

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    Actually the guy that lived can be charged with 1st degree murder as his partner was killed during the commission of a felony IIRC. Keep stacking the charges on this SOB.


    Nah; there is more to it than that

    Texas Penal Code
    § 19.02. MURDER.

    (b) A person commits an offense if he:

    (3) commits or attempts to commit a felony, other than
    manslaughter, and in the course of and in furtherance of the
    commission or attempt, or in immediate flight from the commission
    or attempt, he commits or attempts to commit an act clearly
    dangerous to human life that causes the death of an individual.

    You would have to show that the alive guy did something, other than the burglary itself, that was clearly deadly and THAT ACT caused the death of an individual.

    I have seen prosecutions where a non-actor of the crime was killed, but I have never seen a case in Texas where a prosecution took place when another actor was killed.

    Some states do have a law that implicates you if someone dies for any reason during a felony.
     

    Floyd_Droid

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    I heard the live interview on KRLD 1080 of the woman on the radio:

    She said that when the guy with the shotgun told her to keep quiet, after she screamed, he pulled the trigger and it gave a "click". He chambers the round and that is when she went for the shot gun. Her hubby wrestles the dude with the shotgun, while she is fighting the other guy with a pistol. The guy with the pistol goes out the door, she grabs a jar candle and plants it on the shotgun dude's skull. He calls her a few choice words, the hubby has the advantage for the shotgun as the wrestling continued outside. The pistol dude goes for the van, thinking he was going for another weapon she yells "shoot him", Hubby shoots him. The shotgun dude charges at him, he fires. The home owner tell him to stay down and wait for the police. He gets back up, the owner tells him "I don't want to shoot you again", but he guy charges at him again, another shot fires. The owner tells him "Please, stay down" the guy gets up one last time... the owner fires the 3rd time, this time the guy stays down.

    Poor guy (home owner) was in total shock, because he tried to avoid killing him. She also said that the shotgun guy was massive in size (tall) and about 300 lbs while her husband was smaller than him.
     

    SIG_Fiend

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    That is pretty crazy. You really have to hand it to those two. While luck may have been involved, they reacted appropriately and didn't give up. I'm glad both of them are alright.
     

    50calRay

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    Thank God that turned out good!

    I'm not sure if it was a good move but grabing that muzle seemed like one to me. It just seemed like it took control out of the bad guys hands and put in theirs.
     

    chevydeerhunter

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    Thank God that turned out good!

    I'm not sure if it was a good move but grabing that muzle seemed like one to me. It just seemed like it took control out of the bad guys hands and put in theirs.

    I agree it was dangerous as hell, but I guess you've got to do what you have to in order to protect your family.
     
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