Posted by Nancy Howell on May 31, 2012 at 06:31:08 from (144.162.48.67):
Watched the news last night while waiting for the weather to come on. Caught a story about an incident in Mesquite, Tx, a suburb of Dallas.
Sunday night, a man and his wife were awakened to someone trying to break into their back yard which is fenced by a 6 ft wood privacy fence and a locked gate. The man has a plumbing business and stores tools & supplies in his back yard. He also has a pool and by law the pool must be fenced and the gate have a lock.
The man got up and got his 9mm. He went outside and told the burglar to leave him and his property alone. Through the gaps in the fence boards, he could see someone on the outside of the fence. He fired a warning shot into the ground, scaring the burglar off.
Sometime during this incident the police were called. When they police arrived, the man told the police everything that had happened including firing the warning shot.
The police promptly arrested the homeowner for discharging his weapon in the city limits. He spent the rest of the night and the next day in jail.
Official police statement is the homeowner should have called 911 and that firing his weapon was unnecessary and reckless. Apparently, the police feel neither the man, his wife or his property were in eminent danger and he should have waited for the police to get there. They also said the man had some warrants for traffic tickets. (They didn't know that at the time they arrested him and that's not why they arrested him.)
According to the news, he goes before a judge today to find out whether he will get his gun back.
My opinion - arresting this guy was just plain wrong. Texas has what is called the "Castle Law" which states you have the right to protect your life and your property. Even without the "Castle Law" the police were wrong.
As they say, when seconds count, the police are only minutes away.
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