Man, 91, fatally shoots man demanding cash

[oneshooter]

HOUSTON (KTRK) -- Police say an elderly man shot and killed man inside his home late last night.
Around 11:30pm, investigators were called to a home on Antha at Bertwood in northeast Houston.
Authorities say the 91-year-old was always generous with neighbors. He had reportedly given the younger man money a few days ago.
Investigators say when the young man returned to demand more cash, the two men began to struggle. That's when police believe the homeowner shot the other man. He died at the scene.

There is no word yet if the 91-year-old will be charged.

http://abclocal.go.com/ktrk/story?section=news/local&id=7668696

Oneshooter
Armed and Livin in Texas

[WI_DEM]

1. Sounds like the 91 year old was justified to me. He helped this young man

a few days ago and so the guy decides to return his generosity by demanding more money and when the old guy wouldn't give it to him began a struggle. Hey, how's the old guy supposed to know if the younger guy wouldn't kill him?

[slackmaster]

8. My dad always told me not to feed stray animals

Because they invariably come back demanding more.

[SteveM]

27. There is a difference. Animals don't come back with an attitude. nt

[Mandell]

31. Animals

I dunno, We were feeding a squirrel, and then stopped and the little b*st*rd peed through the screen at us.

[rrneck]

32. Heh. The little bastard shot me in the ass...

Welcome to DU! :hi:

[Mandell]

33. Thanks, happy to be here n/t

[Common Sense Party]

2. Charged? Charged with what?

[old mark]

3. Texas, for all that it implies, is pretty wierd about guns....nt

[ProgressiveProfessor]

13. Texas is fine about guns, its New York that is pretty wierd about them

[old mark]

21. Texas is more restrictive than you would think - Ney York is absolutely CRAZY!!!

[Lasher]

22. Texas has a Castle Doctrine law.

With no duty to retreat.

[Euromutt]

24. You're not kidding

As a resident of Washington state, there are a number of aspects of Texas firearms law that, when I became aware of them, made react with "this is Texas?" Fairly late to the "shall issue CCW" party, no open carry, even accidental printing can get you in trouble... for non-NFA stuff it makes Washington look downright permissive.

[oneshooter]

25. Texas CHL allows for the accidental uncovering

of a concealed weapon. If the wind blows open your cover, if you find yourself in a position where your weapon briefly shows, there is no breech of the law. That does not constitute "brandishing", only if you have your hand on or deliberately expose your weapon is it brandishing. Accidental "printing" is the same.
As for open carry, we are working on it.

Oneshooter
Armed and Livin in Texas

[SteveM]

28. I was envisioning Marilyn Monroe in "Some Like it Hot."

[RaleighNCDUer]

4. There is no word yet if the 91-year-old will be charged.

And I can't imagine what he could possibly be charged with.

[slackmaster]

6. I don't know the particulars of Texas law, but Castle Doctrine does not necessarily apply if you let

...a person enter your home.

California's CD law is typical - It protects your use of deadly force if a person has entered your home forcefully and unlawfully, but not necessarily if you deliberately allow the person to enter. In that case, exactly what transpired after the person entered becomes relevant.

[oneshooter]

12. In Texas if you ask/tell someone to leave and he/she doesn't

Then deadly force can be legally applied. The same goes for a visitor, whom you allowed into your home, that attackers you.

Oneshooter
Armed and Livin in Texas

[RaleighNCDUer]

15. Thanks. That's what I figured. nt

[oneshooter]

11. In Texas all firearms deaths are refered to a Grand Jury. n/t

[mjane]

20. That's always what they are going to say

Prosecutors are always going to review a case, even if it's pretty obviously self-defense. It doesn't mean he did anything wrong.

[slackmaster]

5. Senseless waste of life

No amount of money is worth risking everything for.

[Common Sense Party]

7. What if he had no money? What was he supposed to give the punk then?

The guy attacked him. Who knows if he would have killed the older gentleman? The homeowner had every right to defend himself.

[slackmaster]

9. Perhaps I didn't make myself clear

The young man who got shot, was foolish for risking his life in pursuit of cash.

His actions were what I was referring to as "senseless". His behavior led to his death.

[Common Sense Party]

10. Gotcha.

I had read your words a different way. Sorry for the misunderstanding.

[cleanhippie]

14. self-delete

[pleah]

16. My uncle once told me that if you shoot someone at your home

and they fall outside the door, drag their ass back in the house, because then it is self defense. Or at least it used to be.
My uncle used to be a state trooper.

[oneshooter]

17. That will get you a fine striped suit in Texas.

Horizontal stripes in orange and white!

Oneshooter
Armed and Livin in Texas

[ManiacJoe]

18. Modern crime scene forensics would make your life a nightmare.

If you have a valid self defense claim, it does not matter where the body lands. Do not tamper with evidence!

[mjane]

19. that's meant to be amusing

not a serious admonition.

If you mess with evidence at the scene, that is a crime in itself , as well as showing a cognizance of guilt. Not to mention that anything you testify to will be filtered through a lens of "he's not credible".

And you are going to be way more likely to BE charged, since the prosecutor isn't going to give you any benefit of the doubt.

There have been a lot of home self-defense shootings ruled justified even when the person is outside the door, fwiw.

[Euromutt]

23. Ugh, seriously bad idea

While forensics might be nowhere near as good as they're made out to be on CSI, they're good enough to figure out that a crime scene has been messed with, and doing so will get you in all sorts of trouble. Especially a body; they have this annoying tendency to show through lividity and such that they've been moved post mortem.

How old is your uncle?

[pleah]

26. He's dead now. That was at least 30 years ago.

And, I wasn't stating that as fact. I was just saying what he told me. This was in Southern Illinois and there are plenty of people from that area that got away with murder. Just saying.

[SteveM]

29. When growing up in Florida, I heard that too...

along with the water-skier who fell into barbed wire -- but it was really A MOCCASIN NEST!

[Big Al Mac]

30. The water-skier and moccasin story

has happened at least once that I know of.
In late April of 1968 in the Charleston, SC area.
The day I reported to my first submarine.

A 13 y.o. kid fell off his skis and by the time the boat got back to him he was dead from 23 moccasin bites.
This happened on the Cooper river above Charleston and the sub. base.