Not true. Here in Texas, if someone grabs property and is running out the front door they're fair game.
We had a case not far from where I live where a guy was hiding under someone's car in the middle of the night in the driveway. The owner came out with
a gun and told the guy to come out, and not to run. The guy got out from under the car and started running, and the owner shot him in the back and
killed him. In this case, the guy is being charged with murder (in Texas).
[h=1]Avery Ranch man charged with murder after early-morning shooting[/h]
By
Claudia Grisales and
Claire Osborn
AMERICAN-STATESMAN STAFF
An Avery Ranch man has been charged with murder after a confrontation outside his home early Friday left a 23-year-old man dead in Northwest Austin, according to police and
court records.
Fred Yazdi, 47, shot Enrique Recio three times outside Yazdi's home in the 11300 block of Staked Plains Drive about 3 a.m., according to an arrest warrant affidavit.
Minutes earlier, Recio had been involved in a single-vehicle crash less than a mile from Yazdi's home, police said.
Yazdi told police he confronted a man who was lying underneath his wife's car and ordered him several times not to flee, according to the affidavit.
"If you flee, I'm going to shoot you," Yazdi told Recio, the document said. But "Enrique Recio began to flee, so Fred (Yazdi) fired at him," it said.
Yazdi remained jailed late Friday in Williamson County on the murder charge and was held on $250,000 bail, jail records show.
Yazdi, an Internal Revenue Service worker in Austin since 2008, asked for an attorney to be appointed to him, court records show.
The case is now in the hands of a Williamson County grand jury and the district attorney's office, which will investigate the shooting and to what extent homeowners can defend their property with deadly force, said District Attorney John Bradley.
A grand jury is expected to hear the case in the next three months, he said. It will address the recent "castle doctrine" law justifying certain cases of deadly force to protect one's property, Bradley said.
Bradley said he spoke with Austin Police Chief Art Acevedo on Friday to discuss the incident, which took place in the northwest portion of Austin within Williamson County.
"This case will raise issues that deal with recent additions to
criminal law, that includes the castle doctrine, and other laws," Bradley said.
Police were first called to the area at 2:57 a.m. after Recio wrecked his vehicle near a railroad crossing at Avery Ranch Boulevard, police said.
Recio left his damaged
Chevrolet Impala and walked toward the Avery Ranch subdivision, Austin police Cpl. Chad Martinka said Friday.
At 3:06 a.m., police were called to Yazdi's home after receiving reports of a possible homicide, Martinka said.
When officers arrived, they found Recio lying on the sidewalk about 100 feet from the home and Yazdi outside, court records said.
Recio was pronounced dead at the scene shortly before 4 a.m., records said. The homicide is the fourth this year.
Laleh Yazdi, 42 , told officers she heard voices outside the home and saw a man lying under her car, according to the affidavit. She then woke her husband, who went outside, the affidavit said.
Fred Yazdi told police that he saw Recio outside the home and ordered him several times not to flee, it said.
Recio had gunshot wounds to his chest, hip and inner thigh, the document said.
Three shell casings were found outside the home, along with a .40-caliber semiautomatic Beretta, the affidavit said. Police also saw two live rounds in the entryway of the home, it said.
Yazdi refused consent for police to search his home, court records said.
Recio had attended Westwood High School and was described as an
Austin Community College student who lived with his parents near U.S. 183 and Avery Ranch Boulevard, and was often a role model to his peers, said family friend Maria Wilson.
He was probably going home early Friday, she said.
"This is a safe neighborhood. Why did he have to shoot him?" said Wilson, an Austin food services worker who lived nearby. Her son was a longtime friend of Recio's.
Recio was leaving the home of a friend after watching a soccer match and playing video games with her son and other friends before the crash and subsequent shooting, Wilson said.
"I understand if he was doing something bad, but he wasn't," Wilson said. "Now he is gone. That shouldn't have happened."