In Texas you are allow to defend your property
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Shooting at car after burglary won’t lead to charges

By Mary Moreno
San Antonio Express-News

Web Posted : 11/13/2003 12:00 AM

A North Side man who fired several shots early Wednesday at a fleeing car after his truck was burglarized will not face charges, police said, because he was protecting his property.
When he heard the alarm on his Ford F-150 going off at 3 a.m., Jason Pe?a ran from his home in the 12100 block of Stoney Circle with gun in hand. He told police two men had pried open the pickup’s door with a screwdriver.

He told them to “freeze,” according to a police report.

The men ran off with Pe?a in pursuit. The taller, slimmer man jumped in a waiting Chevrolet Cavalier, and he and a driver sped off. Pe?a told police he fired several shots at the fleeing car but didn’t know if any had struck the gray car or the people inside.

A shorter, stockier man didn’t make it in time to hop in the Cavalier. Pe?a gave chase, and a police report says he wrestled a man to the ground.

Police arrived to find Pe?a pointing his gun at Hugo Hernandez, lying face down in a driveway in the 12100 block of Ridge Summit.

Hernandez, 18, was charged with burglary. He was being held at Bexar County Jail late Wednesday in lieu of $5,000 bond.

According to state law, deadly force is justified in instances where a person suspected of burglary, robbery or theft during the nighttime is fleeing a scene.

Pe?a refused to comment Wednesday.

Police estimated damage to the truck at $250.