Monday, April 28, 2008

Texas man indicted in 13-year-old intruder's slaying

LAREDO — "A man who shot and killed a 13-year-old breaking into his mobile home has been indicted for murder in a case that could test a new law giving Texans more leeway to defend themselves with deadly force.

Jose Luis Gonzalez, 63, was indicted Friday in the July killing of a teenager who sneaked into his home with three friends to steal drinks and snacks. Francisco Anguiano was shot in the back and later died at a Laredo hospital.

Gonzalez was indicted by a grand jury for first-degree murder.

Gonzalez told authorities he was asleep in a nearby shed when he heard the teenagers inside his home and was trying to subdue the intruders when his gun went off.

Isidro Alaniz, Gonzalez's attorney, said after the indictment that Gonzalez protected his property within his rights. He said Gonzalez's defense is bolstered by the so-called castle doctrine, a state law enacted last year that gives a person no duty to retreat from an intruder before using deadly force."

To date, no state with a Castle Doctrine has successfully prosecuted an otherwise good shoot in or on the premises of someone whose property was invaded. At least I cannot find such an event. In Florida they won't even make the attempt unless it is obviously a gang related, or a drug killing.

Fries my clams that in Texas of all places they presume guilt and to hell with the new Castle Doctrine.

What's the purpose of the bloody law to begin with then?

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