From the Houston Chronicle of June 18, 2009
Harris man fatally shoots teen at home
A homeowner who had twice ordered a teenager to leave the property — once while holding a rifle — shot the teen dead after the boy refused to leave and walked toward him, authorities said.
“He feared for his life,” said Harris County sheriff’s Lt. Rolf Nelson.
Dwayne Austgen, 69, was inside his north Harris County home in the 5500 block of Susanna around 10:30 a.m. Wednesday when he noticed a teenager in his front yard, officials said. The man went outside, confronted 17-year-old Vidal Herrera, and told him to leave, authorities said.
After the teen left the property, Austgen noticed Herrera had left a crack cocaine pipe, officials said. Austgen then went back inside his home, taking the pipe with him, officials said.
A short while later, Herrera returned to the home, confronted Austgen about the pipe, and the pair argued, officials said. Austgen, this time holding a rifle, again ordered the teen to leave, officials said.
Herrera began to walk away but then approached the homeowner, who fired the .22-caliber rifle, striking the teen in the abdomen, officials said. Herrera was taken to Memorial Hermann Hospital, where he died.
The case will be referred to a Harris County grand jury without charges.
Austgen could not be reached for comment.