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Burglar shot and killed

Flintlock

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http://www.chron.com/disp/story.mpl/metropolitan/5741756.html



One night after burglary, San Antonio man kills intruder


By ROBERT CROWE
San Antonio Express-News

SAN ANTONIO — After his home was burglarized earlier this week, Thomas Thames decided to arm himself in case the intruder returned, police say.

The following night, he heard another noise at his home in the 5800 block of East Midcrown, so Thames, 39, walked downstairs. It was about 2:30 a.m. Tuesday when he once again saw a young man in his kitchen. The back door was open.

This time, Thames fired a gun at the man, who ran into the backyard, where Thames shot at him again, police said.

Ronnie Scarborough, 18, was pronounced dead at the scene.

San Antonio police spokesman Sgt. Gabe Trevino said the resident had pulled the man into his house and waited for police to arrive.

Police said the man killed at Thames' Northeast Side home Tuesday matched the description of a burglary suspect the resident said he chased from the home the night before.

Police said Tuesday that Thames likely won't be charged with a crime because Texas law gives homeowners latitude in protecting their property and themselves.

"A property owner, by Texas law, has the right to prevent the consequences of a burglary by utilizing deadly force if necessary," Trevino said.

For many years, Texas law has permitted residents to use deadly force to protect themselves and their personal property. Last year, the Legislature broadened the law to include a "castle doctrine," allowing a person to use deadly force in self-defense against an intruder without having to retreat into his home.

Many other states have adopted similar doctrines sometimes called "Make My Day" laws said Jonathan Turley, law professor at George Washington University.

"The danger of empowering people to use deadly force is that they are not trained to recognize friend or foe in highly dangerous situations," he said. "Oftentimes, a stranger in a house turns out to be a drunken neighbor or a relative."

In San Antonio last year, a Northwest Side homeowner fatally shot an intoxicated college student who wandered into his home in the same neighborhood where the student's sister lived.

Raymond Lemes found 19-year-old Tracy Glass inside his house about 2:45 a.m. one Saturday last August. Believing Glass was an intruder, Lemes chased the young man outside, where he shot him in the neck, arm and chest.

Lemes wasn't charged in the case.

Texas' castle doctrine garnered national attention last year when a 61-year-old Pasadena man shot and killed two men who had broken into a neighbor's home. The incident was recorded in a 911 phone call that the shooter, Joe Horn, made to police.

Horn was inside his house when he reported seeing two men break into a neighbor's home. According to a recording of the emergency call, Horn told the dispatcher he intended to go outside and kill the men. The dispatcher told him that it wasn't worth it to kill someone over property.

Still, Horn went outside and fatally shot the men, Pasadena police said. He told police they lunged at him on his property. Harris County prosecutors are scheduled to present the case to a grand jury next month.

After his home was burglarized earlier this week, Thomas Thames decided to arm himself in case the intruder returned, police say.

The following night, he heard another noise at his home in the 5800 block of East Midcrown, so Thames, 39, walked downstairs. It was about 2:30 a.m. Tuesday when he once again saw a young man in his kitchen. The back door was open.

This time, Thames fired a gun at the man, who ran into the backyard, where Thames shot at him again, police said.

Ronnie Scarborough, 18, was pronounced dead at the scene.

San Antonio police spokesman Sgt. Gabe Trevino said the resident had pulled the man into his house and waited for police to arrive.

Police said the man killed at Thames' Northeast Side home Tuesday matched the description of a burglary suspect the resident said he chased from the home the night before.

Police said Tuesday that Thames likely won't be charged with a crime because Texas law gives homeowners latitude in protecting their property and themselves.

"A property owner, by Texas law, has the right to prevent the consequences of a burglary by utilizing deadly force if necessary," Trevino said.

For many years, Texas law has permitted residents to use deadly force to protect themselves and their personal property. Last year, the Legislature broadened the law to include a "castle doctrine," allowing a person to use deadly force in self-defense against an intruder without having to retreat into his home.

Many other states have adopted similar doctrines sometimes called "Make My Day" laws said Jonathan Turley, law professor at George Washington University.

"The danger of empowering people to use deadly force is that they are not trained to recognize friend or foe in highly dangerous situations," he said. "Oftentimes, a stranger in a house turns out to be a drunken neighbor or a relative."

In San Antonio last year, a Northwest Side homeowner fatally shot an intoxicated college student who wandered into his home in the same neighborhood where the student's sister lived.

Raymond Lemes found 19-year-old Tracy Glass inside his house about 2:45 a.m. one Saturday last August. Believing Glass was an intruder, Lemes chased the young man outside, where he shot him in the neck, arm and chest.

Lemes wasn't charged in the case.

Texas' castle doctrine garnered national attention last year when a 61-year-old Pasadena man shot and killed two men who had broken into a neighbor's home. The incident was recorded in a 911 phone call that the shooter, Joe Horn, made to police.

Horn was inside his house when he reported seeing two men break into a neighbor's home. According to a recording of the emergency call, Horn told the dispatcher he intended to go outside and kill the men. The dispatcher told him that it wasn't worth it to kill someone over property.

Still, Horn went outside and fatally shot the men, Pasadena police said. He told police they lunged at him on his property. Harris County prosecutors are scheduled to present the case to a grand jury next month.


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KBCraig

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Flintlock wrote:
This time, Thames fired a gun at the man, who ran into the backyard, where Thames shot at him again, police said.

Ronnie Scarborough, 18, was pronounced dead at the scene.

San Antonio police spokesman Sgt. Gabe Trevino said the resident had pulled the man into his house and waited for police to arrive.

Man, that old wive's tale about "drag him into the house before the police get there!" sure dies hard, doesn't it?
 

DocNTexas

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KBCraig wrote:
Flintlock wrote:
This time, Thames fired a gun at the man, who ran into the backyard, where Thames shot at him again, police said.

Ronnie Scarborough, 18, was pronounced dead at the scene.

San Antonio police spokesman Sgt. Gabe Trevino said the resident had pulled the man into his house and waited for police to arrive.

Man, that old wive's tale about "drag him into the house before the police get there!" sure dies hard, doesn't it?
Yep! It never ceases to amaze me.
 

bobcat

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By moving the body, this fellow that defended himself and his property set himself up for a tampering with evidence charge. Any shooting scene is going to be treated as a crime scene at least until details are sorted out. If the detective(s) can't sort out the details because someone tampered with the scene, things could get real sticky real quick for a defensive shooter. They just might wonder if there was something to cover up?

As has been alluded to numerous times here, I would suggest in a defensive shooting situation that it's best to call the cops, KEEP YOUR PIE HOLE SHUT, call your lawyer to be on the safe side, KEEP YOUR PIE HOLE SHUT until your lawyer shows up and don't monkey with the evidence. A good detective can spot tampering in a heartbeat.
 

KBCraig

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bobcat wrote:
By moving the body, this fellow that defended himself and his property set himself up for a tampering with evidence charge.
Hopefully he was able to explain that he drug the fellow inside to better perform CPR. :uhoh:
 
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