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Homeowner Shoots, Kills Armed Invader 01/10/2013 7:27 AM

A grand jury will decide if a homeowner had the right to shoot and kill an armed man trying to break into a home in North Dallas Wednesday night.

The shooting happened in the 7700 block of McCallum Boulevard in North Dallas around 8:30 p.m.

Police say the intruder tried to break into the third floor apartment at McCallum Corners armed with a handgun.

Investigators say the 36-year-old man from Denton was shot and killed by the homeowner on the spot during the home invasion.

The intruder had several gunshot wounds to his upper body.

Officers seized marijuana, cash, and a semi-automatic pistol from the apartment.

Police say the intruder had an accomplice who got away when gunshots rang out.

Under Texas law, the Castle Doctrine typically sides with the homeowner. The law states that a person’s home is their castle and has the right to defend themselves from criminal intruders.

Lawmakers say it presumes that use of force is reasonable and necessary when someone is illegally entering or trying to get into an occupied home, car, or workplace to commit a crime.

A homeowner can still be charged if police discover the killing wasn’t truly self-defense.

We do not know if there is any connection between the intruder and resident.
 

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Ausmerican.
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Does the fact that the police found drugs at the scene change anything ?
 

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Discussion Starter #6
i hope not

Does the fact that the police found drugs at the scene change anything ?
Drugs are "ALLOWED " Now in new York the governor is trying to ban gun's but wants to make law to allow 15 grams marijuana from no longer being a felony to have in you possession for anyone not just medical use. But having a gun will more then 10 rounds is illegal
 

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Sounds like the intruders knew that there was some money and drugs and wanted to steal it. May end up being a dual win, 1 intruder now room temp and one drug dealer busted.
 

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If they have the felony murder rule there he could be charged. Committing a felony (drug sales) which lead to the death of the bad guy (because he knew drug were there and was trying to steal the drugs) could be ruled to fit the felony murder rule.
 

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It would also be interesting to know if the homeowner was able to legally own the gun. That may affect this as well. If not, the having the gun was a felony in the first place regardless of why he used it.
 

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A grand jury will decide if a homeowner had the right to shoot and kill an armed man trying to break into a home in North Dallas Wednesday night.
I'm curious as to why a "Grand Jury" would need to "decide" anything if the homeowner was well within his right to use deadly force?

I'm guessing there is more to this story then meet the eye.
 

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I'm curious as to why a "Grand Jury" would need to "decide" anything if the homeowner was well within his right to use deadly force?

I'm guessing there is more to this story then meet the eye.
Cases like this often go to a grand jury as a routine matter.
 

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Liberty or Death
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Interesting case. I suppose while investigating the shooting, the LEO's had probable cause for a search of the premises and the dope and cash turned up. I don't believe the dope can be used as evidence in the home invasion unless the burglar wants to admit that was his objective of the invasion. Curious if the homeowner will be brought up on possession or trafficking charges on the dope.
 

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Any word on whether or not the firearms used were legally owned?
 
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