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Criminal Defense Attorney discusses Ding Dong Ditch shooting
FOX 26 Reporter Abigail Dye spoke with a criminal defense attorney about the shooting that occurred over the holiday weekend.
HOUSTON - An 11-year-old boy was shot and killed while playing ding-dong-ditch over the weekend, according to Houston police.
The deadly game
What we know:
Police say preliminary information suggests on August 30, the boy rang the doorbell of a house on Mimbrough Street in east Houston, ran, and someone in that house came outside and began shooting, hitting the boy in the back.
The victim died at the hospital on August 31.
No arrest
The backstory:
Houston police detained a person on Saturday night for questioning, then released them. The next day, HPD's homicide unit detained the possible shooter for questioning and later released him. It's not clear if the same suspect was detained twice or if two separate people were questioned, but there is currently no suspect in custody for the shooting.
Was the shooting justified?
Dig deeper:
Houston police said Sunday on scene they, at this time, don't believe the shooting is justified. They stressed the information available is preliminary.
Police say the shooter exited his house when he opened fire at the kids.
"In the state of Texas, you have the right to use force as a counter-force, but under these circumstances it sounds like a kid just ringing a doorbell and running away," said criminal defense attorney and former prosecutor Rick DeToto.
When is shooting justified in Texas?
Why you should care:
In the state of Texas, the penal code allows one to use deadly force, such as firing a weapon, in certain circumstances.
Texas Penal Code §9.32 outlines how someone can use deadly force in self-defense if they reasonably believe deadly force is immediately necessary to prevent someone from hurting or killing them.
It also protects those who use deadly force, defending others who would be justified in using it themselves.
Under the Castle Doctrine that "reasonable belief" is assumed when the aggressor unlawfully enters one's home, so a homeowner can lawfully use deadly force during a break-in.
"If I'm asleep in my bed at night and someone breaks into my house, I can shoot them to protect myself," said DeToto.
Under section 9.42, that "reasonable belief" is also presumed if the aggressor is committing a property crime such as theft or arson at night.
The code outlines that under the above circumstances, even if the suspect is retreating, the law may still protect the use of deadly force.
"It can be used if something is stolen from you, and you have reasonable belief that you won't be able to get it back without the use of deadly force," said DeToto.
The Source: Houston Police Deaprtment, Texas Penal Code, Attorney Rick DeToto