RE: CASTLE LAW >Homeowner shoots and kills intruders
Written by Janet
The San Marcos Police Department says they won’t file charges against a homeowner who shot and killed two teens who were attempting to rob his home overnight. A third teen was shot during the robbery and a fourth, now identified as Frank Castro, 17, is being held in jail on charges of aggravated robbery.
The four teens which were all from Luling, Texas, entered the San Marcos home shortly before 2 a.m. Friday on Chestnut Street just north of Texas State University. The home was occupied by three people, one of whom was a student at Texas State University.
The breakin made so much noise, it awoke one of the residents in his bedroom. The resident fired at one of the suspects after he pointed a gun at him.
The Luling teens, according to police, had one handgun and two “very realistic-looking” pellet guns. The resident hit three of the four suspects, and the fourth escaped. Police later arrested the 17-year-old nearby, who officials said was not injured in the incident.
One 16 year old was dead at the scene, and another later died at University Medical Center Breckenridge in Austin. The 17 year old was charged with aggravated robbery, a first-degree felony. His bail was set at $50,000.
This shooting brought up questions regarding the Castle Doctrine – which gives a person the legal right to use deadly force to defend their residence – and its application to the incident. Still, the San Marcos police chief said investigators still needed all the pieces to the puzzle before coming to a definite conclusion.
Other residents of the home were uninjured. Investigators said the residents of the rental property are between 18- and 23 years old, and one attends Texas State University. The San Marcos police chief said the department will work to keep students and others in the area from becoming victims of home invasions. Police won’t release the names of the three teens who were 16, as they are considered juveniles. The 17-year-old’s name is set to be released once he has been booked.