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Intruder Shot North Of Whitney

Posted: Fri Jul 17, 2009 3:25 pm
by Rex B
Intruder Shot North Of Whitney (The Hillsboro Reporter)

An apparent ongoing dispute led to an intruder being shot after he forced his way into a Whitney area home late Saturday, July 4.
Hill County Sheriff’s Office deputies had been to a residence in the 300 block of Timberline Street off Farm Road 1713 earlier in the evening.
The shooting was called into authorities at 11:53 p.m. after the victim forced open a door at the home to gain entry.
The 46-year-old Whitney man struggled with the 43-year-old homeowner before he armed himself with a .22 caliber pistol.
One shot was apparently fired, striking the older man in the abdomen.
The victim fled and was taken to Lake Whitney Medical Center in Whitney by private vehicle.
He was later flown by Air Evac to Hillcrest Baptist Medical Center in Waco.
According to sheriff’s office reports, he was listed in stable condition the following day.
Sheriff Jeffrey T. Lyon said that a charge of burglary of a habitation is expected to be filed on the man after he is released from the hospital.
Responding to the initial call were deputies Jeff Aguirre and Joshua Vercher and Game Warden Mark Hammonds.

Interesting that they call it an "ongoing dispute" and then charge Burglary.
Perhaps the shootee thought the shooter owed him something and was breaking in to get it?

Re: Intruder Shot North Of Whitney

Posted: Fri Jul 17, 2009 3:38 pm
by Who'sJohnGalt
after the victim forced open a door at the home to gain entry.
I think the victim is the homeowner!

Re: Intruder Shot North Of Whitney

Posted: Fri Jul 17, 2009 3:44 pm
by Rex B
You are correct. Typical newspaper report, but you'd think a small-town Texas newspaper would do better. I'd attribute that to thoughtlessness rather than a liberal mindset.
Change "victim" to "lead recipient" ;-)

Re: Intruder Shot North Of Whitney

Posted: Fri Jul 17, 2009 4:27 pm
by LarryH
Rex B wrote:Change "victim" to "lead recipient"
or "shootee"

Re: Intruder Shot North Of Whitney

Posted: Fri Jul 17, 2009 4:36 pm
by Crossfire
Rex B wrote:The shooting was called into authorities at 11:53 p.m. after the victim forced open a door at the home to gain entry...

...Interesting that they call it an "ongoing dispute" and then charge Burglary.
Perhaps the shootee thought the shooter owed him something and was breaking in to get it?
Burglary is the charge for forced entry, regardless of whether the intent is to steal, assault, or murder.

Re: Intruder Shot North Of Whitney

Posted: Fri Jul 17, 2009 5:02 pm
by BrianSW99
Crossfire wrote: Burglary is the charge for forced entry, regardless of whether the intent is to steal, assault, or murder.
Intent does matter for the charge of burglary. The person must have the intent to either commit a felony, theft, or assault. Otherwise it would be criminal trespass.
Sec. 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person:
(1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or
(2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or
(3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault.

Re: Intruder Shot North Of Whitney

Posted: Fri Jul 17, 2009 5:19 pm
by Captain Matt
It shouldn't be difficult for a prosecutor to convince a jury that someone who broke into a home intended "to commit a felony, theft, or an assault" if the intruder is not emergency services or some other special case.

Re: Intruder Shot North Of Whitney

Posted: Fri Jul 17, 2009 6:05 pm
by mr surveyor
"VICTIM"???????????????


disgusting abuse of journalism

Re: Intruder Shot North Of Whitney

Posted: Fri Jul 17, 2009 7:42 pm
by dicion
Sounds like you could apply circular logic here...

"Why is it Burglary?"
"Because he entered the building during an attempt to commit a felony"
"What was the Felony he was attempting to commit?"
"Burglary"

Repeat ad infinitum. "rlol"

Re: Intruder Shot North Of Whitney

Posted: Fri Jul 17, 2009 7:56 pm
by wheelgun1958
Rex B wrote:Perhaps the shootee thought the shooter owed him something and was breaking in to get it?
You mean like O.J.?

:thumbs2:

Re: Intruder Shot North Of Whitney

Posted: Fri Jul 17, 2009 10:41 pm
by USA1
wheelgun1958 wrote:
Rex B wrote:Perhaps the shootee thought the shooter owed him something and was breaking in to get it?
You mean like O.J.?

:thumbs2:
if the glove fits :shock: