Revisiting the Castle Doctrine
Last week, Kingsland resident Tom Oakes shot someone he thought was going to break into his neighbor's house. Today, Oakes was arrested on a felony assault charge. While his case still has to go to a grand jury, he already faces one more charge than Pasadena's Joe Horn ever did. (See video story here)
Last year, Joe Horn shot and killed two burglars who broke into his neighbors house. A grand jury decided not to charge him with anything. Here's the Houston Chron:
In his 911 call, Horn cited a newly enacted Texas law, the "castle doctrine," which authorizes the use of deadly force during a home invasion.Only the people in the grand jury room know why they didn't charge Horn, but the Texas penal code makes clear that using deadly force to protect yourself only extends so far -- to your own stuff.But Sen. Jeff Wentworth, who wrote the law, said it did not apply to Horn's case.
"It was not an issue in this case other than him saying incorrectly that he understood it to mean he could protect his neighbor's property," said Wentworth, R-San Antonio.
He said the castle doctrine simply didn't apply because, although the burglars were running across Horn's lawn, Horn's home wasn't under siege - his neighbor's home was.
"It comes from the saying `A man's home is his castle,' " Wentworth said. "But this wasn't his castle."
The Castle Doctrine won't give Oakes a stronger legal shield either, for the same reason.
"There's been a lot of confusion about this," said longtime Austin criminal defense attorney Keith Hampton.
Find the applicable parts of the law in the Texas Penal Code 9.41, 9.42 and 9.43.




