Doesn't sound like a "Castle Doctrine case" to me.Kathrine Lemes testified during her husband's trial on Tuesday."I screamed, 'Ray, Ray, there's someone in the house,'" Katherine Lemes said.Her husband testified that his wife's screams awakened him and he grabbed a pistol and dashed out the front door. He said he spotted a man, later identified as Tracy Glass, in the street running from their home."I fumbled with the gun momentarily, then opened fire," Lemes testified. He said he fired because he was in fear for his life. He said Glass was advancing toward him and he feared he was going to try to go back into the house.
You started two threads on this?
Thanks... wasn't sure where this discussion fit (San Antonio or News Articles)Threads merged.
Thanks... wasn't sure where this discussion fit (San Antonio or News Articles)
It doesn't say in that article, but I had previously heard that the guy was actually shot ON their property (specifically in the driveway), and stumbled out into the street where he died.
I haven't been following the case, so I don't know if that was disproved or not, but it's the last thing I heard about this case.
From the article
He said he spotted a man, later identified as Tracy Glass, in the street running from their home.
"I fumbled with the gun momentarily, then opened fire," Lemes testified. He said he fired because he was in fear for his life. He said Glass was advancing toward him and he feared he was going to try to go back into the house.
No, that was justified BEFORE the Castle Doctrine.Lemes' lawyers said the shooting was justified under the Texas Castle Doctrine. The doctrine says that shooting an intruder is justified as a last resort if one is in fear of his life and protecting his family and property.
Does that doctrine still apply if the target is not presenting you with a threat?