This is part of a news story back on Sept 22. It is another Texas case.
It clearly shows where the DA stands. It came from the Huntsville Item a
local Huntsville Texas newspaper.


A Walker County grand jury will hear the case of a man who shot an
intruder at his business in the early morning hours Wednesday.

T.J. Burdett — owner of T.J. Burdett & Sons Recycling Center, located
near the intersection of state Highway 75 and Interstate 45 — will face
the grand jury for the shooting of a trespasser on his property around
4:30 a.m. Wednesday.

But Walker County Criminal District Attorney said he doesn’t plan to
present any charges to the grand jury.

“We're going to take (the case) to the regularly scheduled grand jury
meeting as a matter of policy,” Weeks said. “ I think the law is very
clear that (the shooting) will be deemed a justifiable act.”

According to police, Burdett shot Terry Reginald Green in the chest with
a shotgun after Green failed to comply with Burdett’s order to stay put.

Green — who is from Industry, some 18 miles south of Brenham — was
pronounced dead at the scene by Precinct 1 Justice of the Peace Janie
Farris.

Sgt. Jim Barnes with the Huntsville Police Department said Green was
shot once. Green’s body was taken to a medical examiner for an autopsy.

Barnes said it appeared Green was attempting to steal some scrap copper
at the facility when Burdett discovered him.

“The subject entered the closed business at night (and) appeared to be
about to commit a theft,” Barnes said. “He had on gloves and was heading
toward a general area where copper was kept.”

Barnes said the man forced himself through a locked gate to enter the
fenced-off area.

Under Texas law, deadly force is authorized when one fears their life is
in danger, as well as to protect personal property or prevent the
commission of robbery, theft during the nighttime or criminal mischief.

“You have a right to use deadly force,” Weeks said. “Basically, the law
provides that you are justified in using deadly force to protect land or
tangible, movable property.”

Weeks said that his office is not required to present the case to a
grand jury, but as a matter of policy plans to present the case without
any recommended charges.

“This will be presented to the grand jury with no recommended charges
due to the nature of the situation,” Weeks said. “ I fully expect the
grand jury will (not charge Burdett).

“I’m here to follow the law and the law is clear: he had the right to do
what he did.”

Weeks said Burdett fired a warning shot into the air before shooting Green.

“That’s more than the law requires,” Weeks said. “If anything, (Burdett)
went farther than he had to.”