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August 5, 2008

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.

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."

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.

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.

June 16, 2008

About Face: Mansion Fire Politically Motivated

Last Monday, when State Fire Marshal Paul Maldonado was asked by Fox 7's Crystal Cotti whether the fire might have been politicaly motivated, he said no.

This morning, when releasing a description of the man throwing a fireball at the front of the mansion, he said the arsonist "may be known to get angry and express strong opinions about the government, Governor Perry himself, the death penalty, the renovation of the mansion or other political issues."

May 6, 2008

Krusee Keeps Moving

Look who I spotted in the parking lot of my ex-gym, Castle Hill Fitness?

It's SO-113, otherwise known as State Rep. Mike Krusee, R-Round Rock. Krusee, as you may recall, was charged with DWI last week and spent a night in the pokey. (He did not take a breathalyzer test, which is what most DWI attorneys -- and liberatarians - advise.)

kruseecar.jpg

While awaiting a court date, he's still driving -- and apparently stayin' in shape. (Castle Hill trainers give you an excellent workout.) I called Krusee after spotting his car, because a source who first spotted him wondered whether he should still be driving:

Him: Hey, it's Krusee.
Me: Hey, how are ya! Um... I mean.. uh... [awkwardly stammering].
Him: No, no, I'm doing good.
Me: So, can you still drive?
Him: Jason [his attorney] said to refer everything to him, I could answer ya, but Jason said to tell people to call him.

DPS tells KVUE the answer is yes, Krusee CAN still drive. His license was revoked but he has a temporary permit to drive until his court hearing in Williamson County, on May 27th. There, a judge will decide the provisions under which Krusee can stay behind the wheel.

Here's another question. A Public Data search shows Krusee's SO plates actually expired last December, but it's unclear whether the plates are actually expired, or whether he renewed and it's simply not in the system yet. We'll check his registration with the Wilco Tax Assessor Collector.

UPDATE 10:39pm: A fellow blogger asked me if the earlier conversation with Krusee actually happened, because he "didn't know whether it was one of those In the Pink fake interviews", referring to our friend Eileen and how she pens imaginary interviews on her blog.

The above conversation did happen, and I'll go ahead and make a policy of no imaginary interviews on this blog, since this is a "mainstream media" outlet. The other PJ policy is no reporting on polls unless our parent company paid for it.

May 1, 2008

State Rep. Krusee's DWI

kruseesmall.jpgOne of the state's leading voices on transportation issues was arrested by a DPS trooper late last night. State Rep Mike Krusee, R-Round Rock, who's not running for re-election, was charged with drunken driving. The mug shot (courtesy of Williamson County) ain't pretty.

Our Williamson County reporter is working on this developing story, more at five and six.

April 30, 2008

Justice Medina's Wife Indicted... Again

A Houston grand jury has indicted Texas Supreme Court Justice David Medina's wife on arson charges. The indictment alleges she burned down the home she shared with Justice Medina in Spring.

This is the second time Francisca Medina's been indicted. In January, a grand jury indicted Francisca AND her husband, but then-DA Chuck Rosenthal dismissed the charges. See the link above for the full H-Chron story.

April 17, 2008

State Rep. Borris Miles Mugshot

Hey, look! State Rep. Borris Miles turned himself in on misdemeanor deadly conduct charges last night. Not a bad mugshot:

bmiles.jpg
Miles turned himself to at the Harris County Jail just after 7 p.m. His criminal charges stem from two incidents around Christmas last year. Police say Miles pulled a gun on the wife of TSU regent Willard Jackson at the Toyota Center during a Rockets game.

Later that night, at an invitation-only Christmas party at the St. Regis Hotel, an apparently intoxicated Miles pulled a gun again, called himself a "thug" and "gangster" and forcibly kissed another man's wife.

He lost his seat in the Texas House in March. Here's some KHOU video of Miles from last night.


Elise Hu is KVUE's Political Reporter and, now, your dedicated blogger.

Email your ideas and feedback to ehu@kvue.com.

Click here to read more about Elise.


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