Was a murder charge warranted in alleged car thief's death? Texas legal expert weighs in
HOUSTON, Texas (KTRK) -- Dushawn Caples is charged with murder after police say he chased and shot someone who stole his car. His attorney tells ABC13 it is a self-defense case.
According to police, Caples was home when he heard someone steal his vehicle. He reportedly grabbed his gun, got into his wife's car, and followed the driver. The driver, along with a passenger, refused to stop, and that's when police say Caples fired shots into his stolen car.
Around 4 a.m. Saturday, deputies responded to the crash on Golden Eagle Drive. A 17-year-old, later identified as Danell Cotton, died from gunshot wounds and another man was seen running from the car with a backpack, according to investigators.
ORIGINAL REPORT: HCSO deputies find man shot, killed in crashed car after alleged road rage incident in NE Harris Co.
At first, deputies believed it was a possible road rage case. Caple's wife called 911 to report the stolen vehicle and deputies pieced together what happened, according to the sheriff's office.
Sandra Guerra Thompson, a professor at the University of Houston Law Center, explained what a person's rights are when it comes to protecting property.
"This is the only state in the country that allows the use of deadly force to protect property," Professor Thompson said.
In this case, Thompson says there are more facts that most likely contributed to the charge. Deputies tell ABC13 that Caples destroyed evidence and didn't call 911 about the shooting.
SEE ALSO: Man accused of chasing down and fatally shooting alleged car thief in NE Harris Co., deputies say
While Thompson says the right to protect your property is not a license to kill, she admits the law comes close. Texans are protected by law if a person reasonably believes there is no other way to get their property back.
"With a stolen vehicle, it may be the circumstances were there was a judgment made that there were other things that could be done to get this vehicle back," Thompson said.
Due to the way the law is written, some circumstances will work against you.
"If you know who the person is, if they are driving away and you got a license plate, it's on video, these are things that will work against you," Thompson said.
Last month, ABC13 reported on a similar case. Deputies said a man was shot and killed after stealing a barbeque pit. The owner of the barbeque pit got in his car and followed the suspect after the theft. However, in this case, he was not immediately charged and the case was referred to a grand jury.
READ MORE: Man shot, killed by homeowner after confrontation over alleged stolen BBQ pit in NE Harris Co.: HCSO
"Legally, if it turns on how likely you are going to get it back, ironically, the law gives you a greater right to shoot in that case," Thompson said.
As for whether you can follow the suspect off your property, Thompson says you can.
"You can follow people, sure. It doesn't matter where you are," the professor says. "In Texas, just defending your personal property gives you a right to use deadly force," Thompson said. "But again, only if you reasonably believe there is no way to get the property and less force isn't enough to get the property back."
RELATED: Woman says 'shooting didn't stop' when friend was killed after taking barbecue pit in NE Harris Co.
The time of day also matters.
"If they are committed at night, you can use deadly force," Thompson said. "I think it's some kind of connection to the concept of burglary and the fact at night time, people feel more threatened."
It's ultimately up to the District Attorney's Office, the grand jury, and eventually the jurors at a trial.
The DA's office says this case will still go to a grand jury.
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