Wednesday
March, 19

San Antonio Shooting Highlights Texas Property Defense Laws

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San Antonio Homeowner Johnathan Vasquez image from screenshot of Fox San Antonio report.

A San Antonio homeowner, Johnathon Vasquez, 32, faces charges of aggravated assault with a deadly weapon after allegedly shooting a woman on his property Saturday morning. The case, reported by Fox San Antonio, has sparked a debate among locals about the rights of property owners to defend themselves and their homes under Texas law.

According to police, Vasquez was working on his car outside his West Side residence when he saw a woman, whom he had previously noticed peering into neighbors’ yards, step onto his property. Vasquez reportedly instructed the woman to leave, but she refused and walked toward the door of his home.

Police say Vasquez retrieved a firearm from his glovebox, warned the woman that he was armed and, again, demanded she leave. When she continued advancing, Vasquez allegedly shot her in the chest. The woman survived and was hospitalized, but the incident has people talking about the application of self-defense laws in Texas with many people supporting Vasquez and others, probably surprisingly to this audience, actually saying he went too far.

Legal Complexities of Using Deadly Force

Texas law allows for the use of deadly force in certain situations, including the defense of property, but the standards are strict. Criminal defense attorney Shannon Locke explained that deadly force must be “immediately necessary” to prevent specific crimes, such as burglary, robbery, or aggravated robbery, or to stop “theft during the nighttime” or “criminal mischief during the nighttime.”

“It’s not clear cut,” Locke told Fox San Antonio. “You have to be absolutely certain that you have to do this immediately to prevent something worse from happening to you.”

Locke also highlighted the potential consequences of using deadly force, stating, “If you’re going to shoot somebody, you have to be willing to go to jail. It has to be so necessary that you’re willing to take that risk.”

Divided Public Opinion

The incident has sparked divided opinions online. Supporters of Vasquez’s actions argue that he was within his rights to protect his property and deter a potential threat.

“I call bs day or night if someone is trying to enter [your] home, especially near [your] door after being asked to leave not once but twice… She obviously saw [the gun] and apparently still refused to leave so she was a danger,” Crystal Marie posted on Facebook.

Others questioned whether the use of deadly force was justified in this case.

“From what I read in the story, it’s not a case of self-defense, she was unarmed, she wasn’t threatening to kill him, and he is a big strong man, there wasn’t any need to shoot her in the chest, there were other non-lethal ways he could have used to handle the situation,” Matt Ganshow argued on the same thread.

A Reminder for Gun Owners

This case underscores the importance of understanding state self-defense laws and the legal risks involved in using deadly force. While Texas has robust protections for property owners, each situation is judged on its unique circumstances. Responsible gun owners should ensure they are well-versed in these laws to make informed decisions in high-stress situations no matter where they live. If you can get arrested protecting your home in Texas, you can damn near expect to get arrested almost anywhere else.

See the full Fox San Antonio interview with attorney Shannon Locke:

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