Tuesday, October 25, 2005

East Oak Cliff/Grand Prairie, Texas

From the Dallas News of October 25, 2005
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Resident shoots man trying to enter at night

East Oak Cliff: Intruder is wounded days after another is killed in GP

Clyde Buchanan got up to get a drink of water about 1:30 a.m. Monday and saw a curtain rustle. Then a hand poked through his front window.

The East Oak Cliff resident, who lives in the 2800 block of Arizona Avenue near Beckley and Saner avenues, had been burglarized before. He yelled at the man to go away, but the intruder kept coming.

"I went and got my rifle from under my mattress," said Mr. Buchanan, 55, a Vietnam veteran. "I shot him."

The intruder suffered a gunshot wound to the abdomen and was in critical condition at Methodist Dallas Medical Center, police said.

Two days earlier, a homeowner in Grand Prairie shot an 18-year-old man in the head after the burglar broke through a window of his home about 3:30 a.m. in the 2800 block of Lakepark Drive. Samuel Tovar Jr. of Grand Prairie died at the scene.

"He had a revolver that was stolen from another burglary," said Sgt. Alan Patton of Grand Prairie.

Police in both cities plan to refer the cases to Dallas County grand juries, which will decide whether the shootings are justified.

Texas law gives people wide latitude to protect their property and lives. People have the right to defend any attempts on their lives, and state law also makes it legal to shoot someone for property crimes under certain circumstances.

During the day, people can open fire to protect their property if someone tries to take it by robbery or burglary or destroy it with arson. At night, people can also shoot at violators committing theft and criminal mischief.

"There is some potential deterrent effect if it is known that people are allowed to be armed at home, and that occasionally burglars get blown away," said Fred Moss, an SMU associate law professor. "The flip side is, it might encourage people to shoot first and ask questions later. You might have innocent people getting shot by those who think the law will give them a break."

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