February 11, 2009 3:52 PM

Protecting Neighbor's Home Self-Defense?

(CBS/AP)  It will be up to a Texas grand jury to decide whether a man who fatally shot two men he thought were robbing his neighbor's home acted within the state's self-defense laws.

The man, who is in his 70s, shot the two suspected burglars Wednesday afternoon in a quiet subdivision of the Houston suburb of Pasadena. He confronted the men as they were leaving through a gate leading to the front yard of his neighbor's home.

No identities have been released.

Police say that just before the shootings, the man called 911 to say he heard glass breaking and saw two men entering the home through a window.

911: "Pasadena 911. What is your emergency?"

Caller: "Burglars breaking into a house next door."

A police spokesman says the man told the dispatcher that he was going to get his gun and stop the break-in.

Caller: "I've got a shotgun, do you want me to stop them?"

911: "Nope, don't do that. Ain't no property worth shooting somebody over, OK?"

The dispatcher repeatedly urged the man to stay calm and stay in his own home, reports CBS News correspondent Hari Sreenivasan.

911: "I've got officers coming out there. I don't want you to go outside that house."

Caller: "I understand that, but I have a right to protect myself too, sir, and you understand that. And the laws have been changed in this country since September the first, and you know it and I know it. I have a right to protect myself."

A Texas law strengthening a citizen's right to self-defense, the so-called "castle doctrine," went into effect on Sept. 1. It gives Texans a stronger legal right to use deadly force in their homes, cars and workplaces.

The telephone line then went dead, but the man called police again and told a dispatcher what he was doing.

Caller: "Boom. You're dead." (Sounds of gunshots) "Get the law over here quick. I've managed to get one of them, he's in the front yard over there. He's down, the other one is running down the street. I had no choice. They came in the front yard with me, man. I had no choice.

He shot one suspect in the chest and the other in the side.

Wednesday's shooting "clearly is going to stretch the limits of the self-defense law," said a legal expert.

If the absent homeowner tells police that he asked his neighbor to watch over his property, that could play in the shooter's favor, defense attorney Tommy LaFon, who is also a former Harris County prosecutor, told the Houston Chronicle. "That could put him (the gunman) in an ownership role."

The legislator who authored the "castle doctrine" bill says it was never intended to apply to a neighbor's property.

It "is not designed to have kind of a 'Law West of the Pecos' mentality or action," Republican Sen. Jeff Wentworth told the newspaper. "You're supposed to be able to defend your own home, your own family, in your house, your place of business or your motor vehicle."

© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 113 Comments
by peaceprophet November 17, 2007 9:19 PM EST
WERE HAVING A TEA PARTY! YOU''RE INVITED
As we all know, freedom isn''t free in this country. Therefore, in the wake of our successful fundraising event of November 5th, in which we all came together to raise $4.2 million dollars for Ron Paul''s campaign, we''ve set yet another date for an even bigger fundraiser. This one will take place during on December 16th: a very important date for people who love freedom and hate tyranny to ring the Liberty Bell, and let our sold-out, globalist, political ****** and their mainstream media enablers know that good Americans are mad as hell, and that we''re not going to take it anymore. December 16th is the 224th aniversary of The Boston Tea Party: an act of protest by the American colonists against the tyranny of Great Britain where the Sons of Liberty boarded British ships and dumped crates of tea overboard into Boston Harbor. It was a key event which helped to spark the American Revolution, and we hope this event will, likewise, add additional spark to our own 21st Century political revolution to restore peace, prosperity and freedom to our Republic by helping elect a President whose record of adherance to The Constitution is unmatched by anyone in American politics. Please join us this December 16th for the largest one-day political donation event in history. Our goal is to bring together 100,000 people to donate $100 each, creating a one day donation total of $10,000,000. The time to act is now. The time for Ron Paul is NOW! TeaParty07.com
Reply to this comment
by peaceprophet November 17, 2007 9:14 PM EST
RON PAUL: A GUN OWNER''S BEST FRIEND
Like Ron Paul, I share our Founders'' belief that in a free society each citizen must have the right to keep and bear arms. They ratified the Second Amendment knowing that this right is the guardian of every other right, and they all would be horrified by the proliferation of unconstitutional legislation that prevents Law-abiding Americans from exercising this right. Congressman, Paul has always supported the Second Amendment and these are some of the Bills he introduced in the current Congress to help restore respect for it: H.R. 1096 includes provisions repealing the Brady Handgun Violence Prevention Act and the Federal Firearms License Reform Act, two invasive and unconstitutional Bills. H.R. 1897 would end the ban on carrying a firearm in the National Park System, restoring Americans'' ability to protect themselves in potentially hazardous situations. H.R. 3305 would allow pilots and specially assigned personnel to carry firearms in order to protect airline passengers, possibly preventing future 9/11-style attacks. H.R. 1146 would end our membership in the United Nations, protecting us from their attempts to tax our guns or disarm us entirely. In the past, he introduced legislation to repeal the so-called assault weapons ban before its 2004 sunset, and he has opposed all attempts to reinstate it. Congessman, Paul also recently opposed H.R. 2640, which would allow government-appointed psychiatrists to ban veterans experiencing any form of PTSD.
Reply to this comment
by peaceprophet November 17, 2007 9:10 PM EST
"Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms as the blackest."
- Mahatma Gandhi

"Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense?"
- Patrick Henry

"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."
- Thomas Jefferson

"Is life is so dear and peace so sweet as to be purchased at the price of chains and slavery. Is nothing is worth dying for? Should Moses have told the children of Israel to live in slavery under the pharaohs? Should Christ have refused the cross? Should the patriots of Concord Bridge have thrown down their guns and refused to fire the shot heard ''round the world?"
- Me
Reply to this comment
by bb19631 November 17, 2007 2:23 PM EST
I would have done the same thing...The court system would have slapped the wrists of the crooks. I hope the neighbor gets off scott free.
Reply to this comment
by Krazcarl November 17, 2007 11:14 AM EST
Hope my nieghbor has as much class I''m with gunownerdan on this one can''t have thieves molesting your property in safty. I say bring back capital punishment for thieves lets clean this country up there just drug addicts.
Reply to this comment
by gmond November 17, 2007 9:47 AM EST
Too bad the burglars weren''t the ones posting all this Ron Paul stuff.
Reply to this comment
by brianbwb-2009 November 17, 2007 7:42 AM EST
"If the absent homeowner tells police that he asked his neighbor to watch over his property,..."

He should produce a written agreement to that effect, dated before he left the house. Without such a document, he could simply lie, and have a murderer go free. Then you might as well disband the police, because every murder that happens after that will be dismissed on the lie of a witness with a vested interest.
Reply to this comment
by brianbwb-2009 November 17, 2007 7:38 AM EST
Posted by MegaProphet

No.

No More Republicans

Period, not even fake ones...
Reply to this comment
by gunownerdan November 17, 2007 2:04 AM EST

THE ONLY GOOD BURGLAR IS A DEAD BURGLAR.

Give the man a medal and buy him some new guns.


Reply to this comment
by tthompson16137 December 14, 2009 11:25 PM EST
My home was just broken into recently and I live in a small town in Pennsylvania. These burglars are after cash and pills. Does anyone have any good ideas of how we can put something in a pill bottle like arsenic, or cianide, or something that once they start breaking into these homes with these type of pills thinking it is oxycontin or Vicatin, then that solves most burglaries happening all over the U.S.
by megaprophet November 17, 2007 1:07 AM EST
WERE HAVING A TEA PARTY! YOU''RE INVITED
As we all know, freedom isn''t free in this country. Therefore, in the wake of our successful fundraising event of November 5th, in which we all came together to raise $4.2 million dollars for Ron Paul''s campaign, we''ve set yet another date for an even bigger fundraiser. This one will take place during on December 16th: a very important date for people who love freedom and hate tyranny to ring the Liberty Bell, and let our sold-out, globalist, political ****** and their mainstream media enablers know that good Americans are mad as hell, and that we''re not going to take it anymore. December 16th is the 224th aniversary of The Boston Tea Party: an act of protest by the American colonists against the tyranny of Great Britain where the Sons of Liberty boarded British ships and dumped crates of tea overboard into Boston Harbor. It was a key event which helped to spark the American Revolution, and we hope this event will, likewise, add additional spark to our own 21st Century political revolution to restore peace, prosperity and freedom to our Republic by helping elect a President whose record of adherance to The Constitution is unmatched by anyone in American politics. Please join us this December 16th for the largest one-day political donation event in history. Our goal is to bring together 100,000 people to donate $100 each, creating a one day donation total of $10,000,000. The time to act is now. The time for Ron Paul is NOW! TeaParty07.com
Reply to this comment
See all 113 Comments
.
Scroll Left
Scroll Right More »
CBS News on Facebook