(ProsperNews.net) – A Texas homeowner shot a burglar who allegedly ran at him armed with a screwdriver. Sherman Police Department Lieutenant Sam Boyle said 35-year-old Jose Menjivar reportedly broke into the shooter’s shed and charged at him when confronted. “The homeowner is claiming self-defense,” Boyle said. Menjivar was taken to hospital in a non-life-threatening condition and later charged with burglary of a building, with other potential charges pending.
The incident happened in Sharman, around an hour and a half from Dallas, just after 5 pm. Police confirmed that they found burglary tools at the crime scene and that detectives were investigating. Lieutenant Boyle told reporters that “some evidence” corroborated the homeowner’s story, adding, “It appears that the firearm discharge was justified according to state law.”
Texas has some of the most robust self-defense laws in the United States. People are allowed to defend themselves and others and use deadly force to prevent the commission of a crime. The Lone Star State is also a “stand your ground” state, which means people are not obliged to leave a situation but can use force to confront threats.
However, self-defense claims must be backed by evidence, or those involved could face criminal charges. In court, a prosecutor will try to prove that a suspect did not act within self-defense laws and is thus guilty of an offense—they must prove this beyond reasonable doubt.
Lone Star State defense legislation also permits homeowners to use lethal force to defend their property. This includes the home, the workplace, or vehicles. But in all cases, parties must show that the force they used was “proportionate” and “reasonable,” and the person using force in self-defense must genuinely believe it was necessary.
Texas law also incorporates the Castle Doctrine. This is derived from the English common law concept that the “man’s home is his castle,” and a person should not be obliged to flee from his or her own property to be safe.
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