Based only on the facts presented in the story, I don't understand the arrest. I also don't understand the warning shot... which leads to a serious request. I'd really like to hear from all the current/former LEOs here what the gentleman SHOULD have done, by the numbers.

The reason I ask is because I'm genuinely interested in the range of answers across diverse jurisdictions, given the great variation in state laws dealing with self defense and the use of deadly force. As we know, some states, such as my former home state of Calif., do everything in their power to make it nearly impossible for someone to defend themselves. Others, such as my adopted state of Texas, take a different view.

For example:

"SAN ANTONIO -- Police say a homeowner on the city's northwest side shot a man in the head Wednesday morning for trying to steal a potted plant from his yard.

The homeowner, in his 60s, grabbed his handgun around 8 a.m. and took several shots a man he claims was stealing a potted plant and other items from his yard at 708 Shadwell, said Sgt. Chris Benavides, a spokesman for the San Antonio Police Department.

Officers caught up to the suspect at the Cabana Apartments, where he lives. He told officers that he had just finished dropping his kids off at school when he was shot in the head.

Benavides said the suspect allegedly stopped at the Shadwell Drive home on his way back from the school.

"When the homeowner saw that someone was trying to steal his plant he used his firearm, shot several times at the suspect," Benavides said. "The suspect was struck one time in the head area. It's my understanding that he was grazed by the bullet."

The suspect, in his 40s, was taken to an area hospital. Police said he will be charged with theft and possibly burglary.

Benavides said the homeowner is being questioned but will not likely be charged."

How would this case likely be treated in YOUR jurisdiction?


If you're fixin' to put a hole in something,
make it a hole to remember.