Charges unlikely for Stone Oak man in suspected burglar shooting
1 suspect dead, 1 wounded in shooting on Lightstone Drive
A 25-year-old man who shot two burglary suspects outside his Stone Oak home, killing one, may have been legally justified in doing so.
San Antonio police said it is not likely that he will face any criminal charges.
"Of course, this case is still ongoing,” said SAPD spokesman Officer Matthew Porter. "It doesn't appear that any charges will be filed at this point."
The man, whose name has not been released, spoke with officers who arrived at his home in the 600 block of Lightstone Drive around 2 a.m. Tuesday.
Police said he told them that he shot two men who he found outside his home, attempting to break into his SUV.
“He told officers that he heard noise outside his house. He retrieved a firearm, went down to see what was going on,” Porter said. "At that point he saw the male in his vehicle. He confronted that male and the male turned on him. There were shots fired by our victim."
At least two of the shots hit a 37-year-old suspect, who then fell down in the street steps away from the targeted SUV.
Porter said that suspect underwent surgery at San Antonio Military Medical Center and was in stable condition.
A second suspect, 32 years old, was hit by shots fired into his getaway car as he tried to drive away. He died on the front lawn of a nearby home after his vehicle crashed into a parked car.
Hours later, police tape blocked off the crime scene where investigators continued to gather evidence.
Clark Chesnutt, who lives nearby, stood outside in the cold and recalled how the sound of gunshots had roused him out of bed.
"I went to the living room window and I looked out the window and saw somebody laying in the middle of the street,” he said.
Chesnutt said only later did he learn there was a second person who’d been shot.
Under Texas law, a person has the right to shoot and kill to protect property.
The law allows for deadly force to be used to prevent a theft or criminal mischief that happens at night.
It also gives Texans who are the victims of certain other crimes, such as robbery, the right to use deadly force at any time of day or night.
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