James Dodd, 49, walks as a free man tonight, after ruthlessly gunning down a San Antonio relocation specialist.
Dodd, another bloodthirsty Texan gun owner, took a break from what was most likely a planning session for the daily mass murder in support of Texas’ Open Carry and Campus Carry laws (there’s no blood in the streets yet, but mark our words…) to investigate a noise on his property. The noise was a group of personal property relocation specialists hard at work.
Dodd is not a fan of the moving industry. He went outside and laid into them, berating them for the quality of their work. When the men objected to Dodd’s message, he opened fire, striking one and causing them to flee.
The injured man is recovering in University Hospital, where the police are making sure that nothing else bad happens to him………..
………..Unless you count the fact that he’ll be arrested on release. That’s pretty bad for him. But he’ll get to hang out with his buddies.
Why’s that? We’re glad you asked. Let’s dig into what actually happened:
Early that morning (like, before-the-sun-even-bothered-to-get-up early.) James heard a noise coming from the storage shed behind his house. James, being a prudent man, but not wishing to waste police time in the high-crime South Side, went to investigate what must surely just be a cat.
It wasn’t. Three men were doing their best to remove James’ air compressor and tools into their truck.
Now, we should probably take a moment to tell you that we are missing some crucial data: Was the shed attached to the house? Was it locked? Was the door open? Was it within one half hour before sunrise?
We ask these questions because Texas Use of Force/Deadly Force laws are very clear on the use of force to protect property. If it was daytime and the men were committing a simple larceny, then James had zero right to fire and should probably have been able to see the men from inside his house.
So, we can think that it was still pretty durned dark outside.
Did they use some kind of force to enter the shed? This may make this a burglary instead of simple theft/larceny.
Was the shed attached to the house? This may bring Castle Doctrine into play.
But, this is all irrelevant. James confronted the men who, despite the rifle in James’ hands, decided to attack. In our non-lawyer opinion, this blows right past Use of Force to Protect Property and lands SQUARELY in the territory of Self-Defense and Stand Your Ground.
Due to the fact that the attackers outnumbered the defenders, this should be an automatic justification for the justifiable use of force.