HOUSTON – We wanted to remind Texans about their rights when it comes to using deadly force in self-defense following a deadly shooting that happened in a Humble neighborhood Tuesday morning.
A man was shot and killed by his estranged common-law wife after he attempted to break into her home, located in the 3700 block of Woodlace Drive, according to Harris County Sheriff Ed Gonzalez. The woman opened fire on him after he kicked in the door while armed with a handgun.
No charges are expected to be filed in this case.
What comes into question is, was this an appropriate situation to use deadly force? Many would say “yes” -- but there has been cases in the past that were questioned when deadly force was used.
In 2007, SB 378 passed in Texas, which justifies a person in using force against another when it is reasonably necessary to protect themselves against the other’s use or attempt use of unlawful force.
The person must meet the following steps before using deadly force in protecting themselves:
- A person unlawfully enter with force, or was attempting to enter unlawfully and with force into the person’s occupied habitation, vehicle, or place of business or employment.
- Someone attempting to unlawfully remove the person with force from their habitation, vehicle or place of business or employment. (A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.)
- Someone who is committing or attempting aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery.
- Reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.
- Did not provoke the person against whom the force was used.
- Was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.