Dallas Homeowner Shoots, Kills Alleged Burglar

[HK4U]

A North Texas homeowner shot and killed a 17-year-old, who police say broke into an Oak Cliff house. The shooting happened around 11am in the 300 block of Hobson.

"It was a matter of life and death," explained Charles Bircher. The homeowner said he doesn't always carry his gun, but is glad he had it Wednesday.

Bircher claims the teenager, "was trying to kill me."

According to police, it was Gabriel Flores who kicked in the door of the house Bircher shares with his mother, Ivy Willis. "These people don't work and just want to break in and take what everyone else got," she said.

There was no one home when Flores initially entered the house, but soon after Bircher arrived home and confronted the burglar. Flores had stolen a gun from inside the home and used it against Bircher, but the homeowner has a concealed handgun license and was carrying a weapon.

"He shot at me four or five times and thank goodness he missed," explained Bircher. "I got off one or two rounds and I guess I hit him."

Flores was pronounced dead at a local hospital.

Seventy-nine year old Ivy Willis arrived home a few hours after the incident and said she's relieved her son protected himself. "I would've done the same thing."

Dallas police will refer the case to a grand jury, which will decide if charges should be filed against the homeowner.

By Marianne Martinez
Source: DALLAS (CBS 11 News)
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Another one bites the dust.

 

[Pele]

Fight crime. Shoot back!

Another life saved by proper gun use.

I'd just suggest the homeowner get a safe and keep his weapons and valuables locked up in it to avoid gun theft in the future.

 

[fibertech]

I just don't understand why it would even be sent to a grand jury to see if any charges should be filed...I know they will not charge him but why waste the tax payers money going thru the red tape.he did what he should have, thats just one inmate will wil not have to support and pay for his college degree!

 

[Glockster20]

Sounds like a "slam dunk" justifiable homicide to me!! Why would they even consider charges against the homeowner!!??? Thank God the good guy won the gun fight!

 

[HK4U]

I think it is pretty much common to say that it it may be refered to a Grand Jury just because sometimes more facts come to light that was not first apparent. Here in Texas if everything is as it seems in the story it most likely he will be no billed.

 

[Scarecrow]

glad to see a good news report that supports concealed firearms. hopefully it will give some people a clue. happy to see the good guy won.

 

[krazyk]

(Dallas police will refer the case to a grand jury, which will decide if charges should be filed against the homeowner.)WTF?
The guy kicked in his door, end of story!then shot @ him

 

[Boomboy007]

Think about it....

There are a lot of anti-2A people in law enforcement right now. Even for legal self-defense, some departments will get you on any technicality that they can. Sad, but true.

 

[{TEX}Hawaii((]

Oak Cliff, big surprise there. Looks like things haven't changed.

 

[LVLouisCyphre]

I just don't understand why it would even be sent to a grand jury to see if any charges should be filed...I know they will not charge him but why waste the tax payers money going thru the red tape.he did what he should have, thats just one inmate will wil not have to support and pay for his college degree!

TX is a grand jury State; all justifiable homicide cases go to the grand jury in TX.

In a way this is good because once the grand jury returns "no bill" you're forever free from getting tried for that case in the State of TX again. If I recall the TX penal code, the prosecution has the burden of proof in a justifiable homicide case. If the merits of the case are clear cut, it's just going through the process in TX.

If the DA declines to prosecute in a non-grand jury State, you still can be charged and tried until the statute of limitations runs out in the State where the incident occurred. I have not heard of this ever happening, but it could happen.

 

[Cavalry Doc]

Sounds like a "slam dunk" justifiable homicide to me!! Why would they even consider charges against the homeowner!!??? Thank God the good guy won the gun fight!

It's not really fair, but that's the way the game is frequently played in Texas. If you shoot someone, even if it is absolutely reasonable, you're going to need a lawyer and some time off of work defending yourself.