SAN ANTONIO — What began as a knock at the front door ended in a deadly shooting on San Antonio’s west side over the weekend.
A legal expert is now providing his perspective on the incident, in which the homeowner has told police was an act of self-defense.
“Under our 'Stand Your Ground' law, you’re permitted to use deadly force in Texas to stop any threat that rises to a level of serious bodily injury or potentially death,” said Attorney Joe Hoelscher.
Officers responded to reports of a shooting in the 800 block of Allende Drive around 1 a.m. Sunday.
Police said an unidentified 48-year-old man had knocked on the door of a home and was told by the homeowner to leave. Officials said the suspect had the wrong address.
The suspect, described as confrontational, returned a short time later but this time in the homeowner’s back yard where the situation escalated.
Authorities said the suspect refused to leave the property once again then lunged at the homeowner and his wife.
Fearing for his wife’s safety and armed with a shotgun, the homeowner shot the suspect, who was pronounced dead when first responders arrived.
“I think that if you have a shotgun and you tell somebody to leave and they come back for more, it’s almost though as if they’ve consented to the possibility that you might use that shotgun to tell them to get off your property,” Hoelscher said.
Hoelscher called Sunday’s shooting a clear-cut case of self-defense based on the information provided so far. But there remain some unanswered questions.
“Who was this man who kept coming back? Did he have a reason to keep coming back? The biggest uncertainty for me is how police and our district attorney will respond,” Hoelscher said.
No charges have been filed against the homeowner at this time.
Hoelscher pointed out that even in black and white instances of self-defense, there’s the possibility for prosecutors to attempt a case.
“Self-defense is what’s called an affirmative defense. The defense team raises it after someone is accused. Law enforcement can make an arrest and prosecutors can prosecute a Texan even in a very clear-cut case of self-defense,” Hoelscher said. “It is on that defendant, that accused person to prove that their use of force was justified.”
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