Home invasion in Tyler

[KBCraig]

Short, simple, proper outcome.

http://www.ktbs.com/news/local/4621246.html

Homeowner fatally shoots invader

Tyler, Texas Police say a robbery suspect is shot and killed after attempting to break into a house.

Robert Delk was sleeping in his home when he heard a loud banging noise.
Delk went to investigate when he witnessed a suspect kicking in his front door.

Delk shot the suspect several times. The suspect tried to escape but fell down in the driveway. The suspect was transported to a hospital, where he died.

Story Created: Nov 11, 2006 at 9:32 PM EST


Okay, here's the longer version. The goblin was obviously impaired: barefooted and bare chested, when it was 48 degrees and windy.

http://www.tylerpaper.com/site/news.cfm ... 6369&rfi=6


HOMEOWNER SHOOTS, KILLS ALLEGED INTRUDER
By KENNETH DEAN, Staff Writer
11/11/2006

A University of Texas at Tyler student is dead after a local business owner shot the 22-year-old man as he attempted to kick in the front door of his home early Saturday morning.

Don Martin, Tyler Police Department public information officer, said the shooting occurred at 904 Watkins St. at 4:30 a.m. Saturday.

"The homeowner, Robert Delk, told police that he and his wife were awakened from their sleep by the suspect banging on his entrance door into the residence from the driveway," he said. "Mr. Delk grabbed his .44 magnum handgun for his protection to investigate who was at his door."

Martin said that as Delk, owner of Delk Photography, approached the door, the suspect kicked in the front door in an attempt to gain entry into the residence.

"Delk shot the suspect as he attempted to enter the residence. The suspect then attempted to leave the scene and dropped in the driveway from being shot," he said.

Martin said Justin A. Herrera died at East Texas Medical Center as a result of gunshot wounds. Authorities are unclear how many shots were fired.

Martin said Herrera, of Fort Worth, was residing at Stone Ridge Apartments located at 3400 Varsity.

University officials confirmed that Herrera was a sophomore biology major.

"The motive is still undetermined as to his reason for forcing entry into this residence. Investigators indicate that the victim did not know Herrera," Martin said.

Records indicate Herrera has been in and out of jail since 2001 for numerous infractions including felony charges for engaging in organized crime and aggravated assault with a deadly weapon and misdemeanor charges of driving while intoxicated, criminal mischief, evading arrest/detention auto burglary, and assault causes bodily injury.

The shooting took place across the street from Tyler Mayor Joey Seeber's home.

"It was interesting to say the least. I thought I heard two gunshots but I was asleep so I thought I was dreaming," Seeber said.

Seeber described the man's appearance as disheveled.

"He wasn't wearing any shoes or a shirt and appeared out of place," he said.

According to the National Weather Service, the temperature at the time was 48 degrees and winds were out of the north at 11 mph.

The mayor said the incident did cause him to think about his family's safety.

"Anytime something like this happens close to you then it causes you to think about your safety and the safety of those around you, but this appears to be an isolated case," he said.

Jacque Hilburn, a Tyler Paper reporter who lives in the area, said she had called 911 just a few days ago after seeing a man in the area checking out vehicles.

"He just didn't belong in the neighborhood and was walking up and down looking at homes and vehicles," she said.

Tyler police Lt. David Long said the case is under investigation and would be presented to the grand jury.

"I don't believe any charges are anticipated in the case," he said Saturday afternoon.

Police do not believe anyone else was involved, and Herrera's vehicle was not located in the vicinity of the shooting.

Last weekend, a homeowner in Gregg County shot and killed a 19-year-old man after five teens broke into his home on Pliler Precise Road, just north of Longview.

In a June 19 Longview shooting, four teenagers allegedly broke into a Parade of Homes home in the 1100 block of Camille Drive in the Spring Hill area.

The homeowner told police he was sleeping when he heard noises and glass breaking.

Armed with a gun, he went into his living room and saw several people.

The homeowner said one person was holding something in his hand he believed was a weapon, and he fired toward the people, according to a police statement. Some of the suspects ran from the home.

Trenton Joseph Houghton, 15, of Hallsville was found in the woods behind the home with a gunshot wound. He was pronounced dead by a justice of the peace at Longview Regional Medical Center.

The homeowner was not indicted by a grand jury for the shooting.

[308nato]

I feel bad that those young folks had to die and what their famlies
must be going though.
Not wanting to sound callas but when you stray you will pay the piper
one way or another .

[JLaw]

I feel bad that those young folks had to die and what their famlies
must be going though.
Not wanting to sound callas but when you stray you will pay the piper
one way or another .

You don't sound callas (sp?) one bit, sir. This young man commited burglary in the night and the homeowner was right to protect his family in the way he did. Yes it's very sad that is a young college student, but young college students can be just as dangerous as an adult.

Also it was 48 degrees with 11 mph winds, and the fellow had no shoes or shirt on?...I wonder what this fellow was high on. Drugs seem to give people "stupid courage" and more strength and ability to tolerate pain. What would have this possibly drugged up individual done had the homeowner not taken defensive measures? Thank goodness we will never know.

From the news article: "Records indicate Herrera has been in and out of jail since 2001 for numerous infractions including felony charges for engaging in organized crime and aggravated assault with a deadly weapon and misdemeanor charges of driving while intoxicated, criminal mischief, evading arrest/detention auto burglary, and assault causes bodily injury. " Hmmmm, I don't think Mr. Herrera was up to any good that night, do you?


JLaw

[The Marshal]

Argh.
The hypocrisy is so hard to deal with.

On one side, lets not hold the 'victim' responsible for his actions as he was a biology student (with a record I point out)

On the other side, the homeowner must be held responsible for his actions as he had a gun, and used it to shoot the unarmed victim. (ignor the fact that the alleged suspect was commiting a crime against his person at the time)


~Bill

[HighVelocity]

He wasn't wearing any shoes or a shirt and appeared out of place," he said.

According to the National Weather Service, the temperature at the time was 48 degrees and winds were out of the north at 11 mph.

Drugs and alchohol can kill you in more way than one. I know, it doesn't say that the suspect was intoxicated but being outdoors in 48 degree weather with no shoes, no vehicle and not in your neighborhood , well, that's mho.

I'm glad that the homeowner was able to defend his family from the invader.

[KRM45]

Drugs and alchohol can kill you in more way than one. I know, it doesn't say that the suspect was intoxicated but being outdoors in 48 degree weather with no shoes, no vehicle and not in your neighborhood , well, that's mho.

That's the sad truth...

[308nato]

JLaw
sorry for the wrong spelling it should have been callous.
I was also talking about the other shooting in Hallsville where a 15 year
old was dumb enough to also break into someones home also late at night.
I kind of figured the collage student was drunk or high on something.

[JLaw]

JLaw
sorry for the wrong spelling it should have been callous.
I was also talking about the other shooting in Hallsville where a 15 year
old was dumb enough to also break into someones home also late at night.
I kind of figured the collage student was drunk or high on something.

Oops, my bad.

Oh well, at least we both see the articles from the right side of the law.

JLaw

[Boma]

Sometimes they may be a student, but they could be taking one class and skipping it and not take school seriously at all.

[carlson1]

This type of crime is occurring more and more.