Kaufman case doesn't fit castle law's intent, author says
March 17, 2008
Kaufman County authorities cite the state's new castle law in explaining why they haven't filed charges against a man who shot a boy walking near his house. But the law was never intended to cover such situations, its author says.
Written by Scott Goldstein, The Dallas Morning News
Kaufman County authorities cite the state's new castle law in explaining why they haven't filed charges against a man who shot a boy walking near his house. But the law was never intended to cover such situations, its author says.
"The law doesn't talk at all about people walking across your front yard," said Sen. Jeff Wentworth, R-San Antonio. "We're talking about breaking into your house or your car or your place of business."
W.C. Frosch, 74, shot 15-year-old Brandon Robinson through a window on the night of March 1. The boy and his friend, Devin Nalls, 16, say they were cutting across his yard on the way to check out another neighbor's party.
Though Brandon survived, Devin's mother died in an accident as she drove the boys to a hospital.
Mr. Frosch has said he thought the boys were about to break into his home. They were about three feet from the window.
"It was not my intention and I doubt anybody else that voted for the bill ... to allow people to shoot trespassers on their property, out on their grass, no, that's not the plan," Mr. Wentworth said.
"Clearly the law enforcement folks know more about the details of this than I do. But generally speaking, it was our thinking that you have to be under attack."
Some experts say the Texas law is not so clear-cut. It says a person is "presumed" to be acting reasonably if he shoots someone he believes is trying to break into his occupied home, business or car.
The case will be presented to a grand jury in coming weeks, so criminal charges remain possible.
Mr. Frosch has said he fired through a front window when he saw Brandon facing his front door. From that angle, authorities say, the boy would have suffered a wound on his right side.
But the bullet struck the boy under his left arm.
"Brandon was facing away from the door," said Sgt. Bryan Francis, Kaufman County sheriff's spokesman. "That's what the evidence shows."
Mr. Wentworth said "the question is going to be if this particular homeowner ... was justified in thinking he was under attack.
"That's why you have to leave this up to grand juries and prosecutors who are on the ground and decide. That's why we leave a little wiggle room for fact situations to be determined."
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