Editorial: Self-defense OK for me, but, sorry, not for thee

Web Posted: 07/17/2007 06:36 PM CDT

San Antonio Express-News

One of the achievements of the 80th Texas Legislature was its passage of a castle doctrine.
The measure, sponsored by Sen. Jeff Wentworth, R-San Antonio, clarifies the instances in which individuals can use deadly force in self-defense.

In some circumstances under current law, citizens are required to retreat rather than use force in self-defense.

Wentworth’s bill, which takes effect Sept. 1, broadens the presumption of reasonableness for self-defense and removes the threat of civil litigation for damages.

The Senate passed the new law by a vote of 30-0. The House followed with a 133-13 approval.

One of the 13 opponents of the castle doctrine in Texas was Rep. Borris Miles, D-Houston. Miles was inspecting the construction site of his new house last week when he heard some noises downstairs. When he went to investigate, he discovered two men trying to steal copper from the work site.

An altercation ensued during which, according to the Houston Chronicle, one of the thieves threw a pocketknife at Miles. The lawmaker, who has a concealed weapon permit, opened fire. One of the pilferers received a non-life-threatening wound.

The news accounts don’t seem to suggest Miles made any effort to retreat from the dangerous situation. A jury of his peers would surely judge that Miles, fearing for his safety, acted in a reasonable way. The law that Miles voted against will erase any ambiguity.

An old saw suggests that a conservative is a liberal who’s been mugged by reality.

With regard to the castle doctrine, perhaps Miles will now agree with 163 of his legislative colleagues.

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