Texas Couple Kill Home Intruder

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  • chevydeerhunter

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    Feb 23, 2008
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    San Antonio
    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

    Bowling-Pin Commando
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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.
     

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