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FORT WORTH — A grand jury will decide whether a homeowner who fatally shot two suspected burglars last week after they kicked in his front door will face criminal charges, Tarrant County district attorney officials say.
Leaving such a decision up to a grand jury is not unusual.Of four other fatal shootings this year in Fort Worth in which the shooter claimed self-defense or protection of property, three have been or will be presented to a grand jury, according to Assistant District Attorney Kevin Rousseau. The fourth, he said, is still under review."It’s the rare case that doesn’t go to the grand jury," Rousseau said, adding that many times the review is sought for "factual resolution."Under Texas law, people are justified in using deadly force when immediately necessary to protect their own lives or another’s life, or to prevent the commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery or aggravated robbery.The Texas Penal Code says deadly force can be presumed reasonable if the person knew or reasonably believed that a suspect had entered, or tried to enter, illegally and with force the person’s occupied home, vehicle or place of business.A 2007 law updated the so-called castle doctrine, making it clear that property owners have no "duty to retreat" before using deadly force against an intruder in their homes, cars and workplaces. The law stipulates, however, that the building or vehicle must be occupied at the time and that the person using force cannot be involved in a crime or provoke the attacker."There’s a very strong tradition of the Texas legislation backing the right of self-defense and the defense of property," Rousseau said. "That’s the state we live in. . . . If you’re shot trying to take somebody’s property, there are an awful lot of laws protecting the people’s right to protect their property, so you’d better be careful."Relatives of the homeowner involved in the latest shooting told the Star-Telegram that the home in the 4400 block of Shackleford Street had been repeatedly burglarized and vandalized over the year that they have lived there.Before noon Nov. 6, police say, two men apparently intent on burglarizing the home kicked in the front door. The homeowner, who relatives say had recently lost his job, was at home and opened fire.One of the suspects, 27-year-old Jonathan Cruz, was shot in the head. He collapsed on a street and was pronounced dead at the scene.The second, 24-year-old Juan Juarez., ran to the suspects’ Ford Explorer, where the homeowner fired at him again, reportedly after seeing him reach under his seat as if going for a weapon. Juarez died that night at a Fort Worth hospital. Police have since said that no weapon was found in the Explorer.Texas and gun ownership have long been considered synonymous. While there is no way to know how many Texans own guns, as of Dec. 31, more than 314,000 people held active licenses to carry a concealed handgun, according to the Texas Department of Public Safety.
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