Two men were clearing out a garden shed in the cool of the Amarillo morning when another man attempted to take them at gunpoint.
The homeowner, our Good Guy With A Gun, found Patrick Ramos, 31, and his unidentified accomplice burgling his shed.
The gun-crazy homeowner, a classic example of the trigger-happy American, attempted to hold them at gunpoint, firing only a single shot at Ramos after he lunged at him.
Truly, this is yet another case of a non-fatal Defensive Gun Use by someone who was forced to Be His Own First Responder due to the usual lengthy police response time.
To be perfectly honest, this is even more textbook than most of our other “textbook cases, because this involves different aspects of use of force and defense of property.
As we understand it, not being lawyers here, deadly force is only authorized to defend your domicile or habitation. A detached shed is, almost by definition, uninhabitable. It is therefore eligible for defense only with force and not with deadly force until such time as your trespassers/assailants move against you.
We’ve heard the case law explained as displaying a firearm, normally considered a threat to use deadly force, counts only as a use of force in situations such as this.
Our hero was in precise compliance with this use of force in displaying his sidearm. And then Ramos lunged for him and received a bullet in return.