JOE HORNE IS NOT ALONE......YEAH BUDDY
Another case of slimeballs getting EXACTLY what they deserve.....shame he didn't get all three
Hill Country Case Challenges 'Castle Doctrine' Law
Homeowner facing felony charges for shooting burglar at neighbor's home
Monday, March 9, 2009
A Hill Country man who shot and killed a person who was stealing items from a neighbor's home is facing felony charges, in the latest test of the state's two year old Castle Doctrine law, 1200 WOAI news reports.
A 64 year old homeowner named Tommy Oakes is facing a charge of criminally negligent homicide following the incident in Kingsland in July of 2008, and defense attorney Jim Wheat says the Llano County District Attorney, who first attempted to pursue a case of capital murder against Oakes, has now been re-indicted by a second grand juryy on a charge of deadly conduct relating to the same incident.
"The district attorney can go get a hundred indictments on Tommy if he wants to, but it won't change the fact that Tommy was only defending himself," Wheat said. "Tommy is anxious to clear his good name and believes that a jury of people just like him will understand that he was faced with a terrible choice...to risk injury, or worse, to himself by a carload of men intent on aggressive criminal behavior, or use his weapon to defend himself and his neighbor's property. "(My answer.....BANG BANG BANG BANG..CLICK...RE LOAD BANG BANG BANG)
Oakes, who lives in a neighborhood on Lake LBJ, had been asked to keep an eye on a vacation home on his street, while the owner was away in Arizona.
On July 30, 2008, Oakes awoke to see a car casing the neighborhood, and later say the car backing into the driveway of the neighbor's home.
Wheat says Oakes grabbed his licensed handgun from his bedroom and went out to check out the car. He found three men in the car stealing items from the carport.
"When Tommy asked them to stop, and showed him his weapon, the three men looked up, threw more stuff into the car, the engine was idling, and they then began digging around in the car as if looking for a weapon," Wheat said.
When the car started driving in Oakes' direction, Wheat says he was 'frightened for his safety and had no choice but to use his weapon to protect himself.'
Oakes fired several shots at the car to stop it. The bullets entered the driver's side of the vehicle.
Wheat says Oakes immediately called with 911 and waited for theLlano County The suspects, on the other hand, sped away, dumping the badly wounded comrade at an EMS station. (TUCK AND ROLL HOMIE)
The burglar lateer died from his wounds. The other two burglars were captured several days later, after they tried to claim that the car they were driving that day was 'stolen.'
Wheat says an indictment against his client is ridiculous.
"The way it's ended up is he (theLlano County DA ) is protecting the thieves and drug dealers, instead of the good homeowners in Llano County
All three occupants of the car had criminal histories, including drugs, theft, and weapons charges. Oakes is a solid citizen with no criminal history.
"The suspects' criminal histories are absolutely germane to the case because on that they were in the process of committing yet another criminal act," Wheat said.
"Perhaps the most dangerous criminal you will meet is one so brazen as to steal from a person's home in the daytime."
Wheat says when a person 'goes to steal from a man's home, that person gives up their right to complain if they get shot at.'
A 64 year old homeowner named Tommy Oakes is facing a charge of criminally negligent homicide following the incident in Kingsland in July of 2008, and defense attorney Jim Wheat says the Llano County District Attorney, who first attempted to pursue a case of capital murder against Oakes, has now been re-indicted by a second grand juryy on a charge of deadly conduct relating to the same incident.
"The district attorney can go get a hundred indictments on Tommy if he wants to, but it won't change the fact that Tommy was only defending himself," Wheat said. "Tommy is anxious to clear his good name and believes that a jury of people just like him will understand that he was faced with a terrible choice...to risk injury, or worse, to himself by a carload of men intent on aggressive criminal behavior, or use his weapon to defend himself and his neighbor's property.
Oakes, who lives in a neighborhood on Lake LBJ, had been asked to keep an eye on a vacation home on his street, while the owner was away in Arizona.
On July 30, 2008, Oakes awoke to see a car casing the neighborhood, and later say the car backing into the driveway of the neighbor's home.
Wheat says Oakes grabbed his licensed handgun from his bedroom and went out to check out the car.
"When Tommy asked them to stop, and showed him his weapon, the three men looked up, threw more stuff into the car, the engine was idling, and they then began digging around in the car as if looking for a weapon," Wheat said.
When the car started driving in Oakes' direction, Wheat says he was 'frightened for his safety and had no choice but to use his weapon to protect himself.'
Oakes fired several shots at the car to stop it. The bullets entered the driver's side of the vehicle.
Wheat says Oakes immediately called with 911 and waited for the
The burglar lateer died from his wounds. The other two burglars were captured several days later, after they tried to claim that the car they were driving that day was 'stolen.'
Wheat says an indictment against his client is ridiculous.
"The way it's ended up is he (the
All three occupants of the car had criminal histories, including drugs, theft, and weapons charges. Oakes is a solid citizen with no criminal history.
"The suspects' criminal histories are absolutely germane to the case because on that they were in the process of committing yet another criminal act," Wheat said.
"Perhaps the most dangerous criminal you will meet is one so brazen as to steal from a person's home in the daytime."
Wheat says when a person 'goes to steal from a man's home, that person gives up their right to complain if they get shot at.'
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