Good Guy with a Gun #145: Fort Worth, TX (Free post)

Pro tip: If you're going to burglarize a car, make sure it's unoccupied. Pro-er tip: If it's occupied, make sure they don't have guns. | Original incident: March 24, 2024

These posts are based on our Good Guy with a Gun calendar. If you bought or received a calendar, contact me for a complementary subscription. Today’s post is somewhat updated from the calendar version.

I have a legal question: Why was this called a burglary?

Let’s set the scene: It’s 3 AM in Fort Worth, somewhere near this intersection.¹ You’re there in your car with a friend or two. There are businesses on one side of the street and homes on the other — maybe you live nearby, who knows? — so you can decide where you want to park and hang out for a while.

Same distance from the intersection, one 60 yards west, the other 60 yards east. Google Maps Street View.

A man walks up and tries to open your car, steal your stuff.

But… you’re in the car. He’s not burglarizing it, like a break-in when you’re not home and he’s going to ransack your apartment. You’re sitting there. He’s robbing you.

Not that you’re just sitting there, mind you. It’s kinda freaky, and you don’t know what this guy is really up to, and you’re armed, or one of your friends is, so when he tries to break into your car, you’re not having it. Pistol drawn. Trigger pulled. Bullet delivered.

Then there’s the 911 call, and the police talk to you while the would-be robber is taken to the hospital in critical condition. (Good shot, friend.)

So, of all the cars to “burglarize,” this guy chose an occupied one. Which makes it a robbery, right?

Well, I learned something researching this incident: Technically, Texas law (see section 30.04) agrees with that terminology — burglary of a vehicle doesn’t require the vehicle to be empty. Robbery involves fear of death or injury, or actual injury.²

But I’ll bet it sure felt like a robbery to the people inside.

Or maybe they were just that sure that they weren’t going to be the ones harmed that night.

At any rate, our burglar should know for sure whether his cell is occupied or not.

Sources

I see two sources for this incident: KDFW Fox 4 and the Fort Worth Star-Telegram. They both appear to rely only on the initial police report, which means there’s not a lot there, and there’s no follow-up that I can find.

1. I’ve snooped around Google Street View — it doesn’t seem like a bad area, though of course it’s a little hard to tell.

2. I’m not a lawyer, and I’m paraphrasing to keep things concise. Definitely read the code for yourself if you want a real definition.