Texas Mom Home With 3 Sleeping Children Shoots, Kills Home Invader. State’s Castle Doctrine Protects Her.
Castle Law
Frederic J. Brown/AFP via Getty Images

A Texas mother alone at her home with her three sleeping children took no prisoners when a man tried to enter her home late at night, shooting and killing him.

The San Antonio woman will likely not face charges because of Texas’ Castle Doctrine law, which permits a homeowner to use force against an intruder who unlawfully enters their home.

According to local police, the woman heard Roman Rodriguez, 41, enter through her laundry room in the rear of her home, News 4 San Antonio reported.

Grabbing a gun, the woman fired twice, hitting Rodriguez in the chest, according to KSAT.  Police found Rodriguez sitting in the backyard of the woman’s home, seated on a chair with his chest bleeding. According to the Bexar County Medical Examiner, he died from gunshot wounds on his way to the hospital.

Spectrum News explained, “Texas law permits someone to claim self-defense at trial when deadly force was used in the following circumstances”:

  • Reasonably believed the deadly force was immediately necessary;
  • Had a legal right to be on the property;
  • Did not provoke the person against whom deadly force was used; and
  • Was not engaged in criminal activity at the time the deadly force was used.

In December 2020, Texas GOP governor Greg Abbott decisively stated that the state would not reduce the Castle Doctrine law after a Texas Democrat introduced a bill that would “require a homeowner to exhaust the potential of safely retreating into their habitation before using deadly force in defense of themselves or their property.”

“State Rep. Terry Meza, D-Irving, filed House Bill 196 in early November, which would modify part of the code to require a person to be ‘unable to safely retreat before they could use deadly force to protect their habitation or property,” Click 2 Houston reported. “It would also remove robbery and aggravated robbery as crimes that could be legally stopped with deadly force by property owners.”

Abbott tweeted, “Let me be clear. The Castle Doctrine will not be reduced. We won’t force Texas homeowners to retreat. Especially with the crazy ‘defund police’ ideas, homeowners need to protect themselves now more than ever. We will protect 2nd Amendment rights.”

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