Resident claims self-defense for shooting neighbor in Houston apartment mix-up
Man speaks on shooting resident in wrong-apartment mix-up
An apparent mix-up over apartments turn violent and ended with a person in a Halloween costume being shot. FOX 26's Sakura spoke to the man who opened fire and a legal expert who says that man may not be charged.
HOUSTON - A man is in critical condition after police say he may have mistakenly tried to enter the wrong apartment while dressed in a Halloween costume. FOX 26 spoke to the man who says he shot him.
Houston apartment mix-up turns violent
The backstory:
The shooting unfolded around 2:20 a.m. on Thursday morning at an apartment complex on Bering Drive in the Galleria area.
Houston Police believe the wounded man, who lives at the complex, was returning from a Halloween party. They say he may have been intoxicated, and confused another unit for his own.
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Houston man shot in Halloween costume after alleged wrong-apartment mix-up
A man is in critical condition after a shooting at an Houston apartment complex in the Greater Uptown.
Resident recounts overnight encounter
What they're saying:
Inside the second-floor apartment, a father was asleep on the couch while his girlfriend and their one-year-old child were in the bedroom.
He woke up to the sound of someone rattling his doorknob, kicking the door frame, and insisting the home was his. Fearing an intruder, the resident grabbed his firearm, looked through the peephole, and saw a man outside.
Speaking to FOX 26, the resident, who asked not to be identified, described the moments that led up to the gunfire:
"He’s like, 'This is my house.' I’m like, 'This is not your house, bro,' and then he’s trying to bum-rush in," the resident said.
The resident says neither he nor his girlfriend recognized the man.
"After he hit me, he tried to take me down or whatever – and that’s when I ended up shooting him," he said.
The resident fired a single shot, striking the other man in the upper torso. Paramedics rushed the wounded man to a local hospital in critical condition.
Legal Analyst: Why Charges Are Unlikely
Dig deeper:
Houston Police say the resident stayed on the scene, cooperated with investigators, and no charges have been filed at this time.
Even though the man outside may have been drunk and confused about his apartment number, FOX 26 Legal Analyst Chris Tritico says Texas law does not require a resident to stop and evaluate an intruder's intentions in the middle of the night.
"At night, when someone's coming into your house, you do not have a duty to wait and decide if it's a mistake or if this is just some drunk guy," Tritico explained. "You can take action to defend your property and yourself, and that includes deadly force. In this circumstance, when it may have just been a mistake, the homeowner doesn't have to wait to decide. You can use deadly force."
The Source: Information for this report was gathered through the Houston Police Department, an exclusive interview with the involved resident who requested anonymity for safety reasons, and legal analysis from FOX 26 Legal Analyst Chris Tritico.