AUSTIN (KXAN) — A death in east Austin Tuesday morning was determined to have occurred out of self-defense.
The Austin Police Department said on Twitter it happened in the 7600 block of Bethune Avenue.
The area is close to the St. Johns neighborhood, just south of U.S. Highway 183 and east of Interstate 35.
A spokesperson for APD said a woman in the home called 911 around 5:31 a.m. reporting a man was trying to break into her house.
The woman told police the man was banging on the door trying to break in, and she was holding the door shut, according to the spokesperson. Soon after, the woman said he was trying to break into a window.
The caller then told police the man had entered the home and shots were fired, according to the spokesperson.
APD arrived on the scene at 5:37 a.m. and Austin-Travis County EMS arrived shortly after.
The man was pronounced dead on the scene around 5:48 a.m.
APD said the man was shot by a resident in self-defense. No charges will be filed at this time, the spokesperson said.
“When somebody unlawfully and with force tries to enter an occupied residence, the self-defense law is very clear in the Texas penal code,” the spokesperson said during a briefing. “But of course there is a court process, the investigation still needs to be conducted fully, it’s early on in the investigation, and of course our department respects all of those processes that need to take place.”
Police are investigating the incident as Austin’s 23rd homicide of the year.
Anyone with information is urged to call APD’s homicide tipline at (512) 471-TIPS or Crime Stoppers at (512) 471-TIPS.
When are you allowed to use deadly force in self defense?
Kirk Evans is the president of U.S. Lawshield, an agency that gives legal representation to self defenders in court.
He said context is crucial when prosecutors determine if deadly force was used according to Texas self defense laws.
Evans said Texas has a castle doctrine. This lets people under threat of serious bodily injury or harm in a lawful residence to protect themselves with force.
However, Evans said if investigators determine that a self defender may have acted illegally – normal indictment and court proceedings would likely follow.
“[Self defense] is a presumption does not mean it cannot be rebutted. If we found out for instance, these people were friends, the other person was actually a resident, or they had been invited over. There are circumstances that could could make this more difficult to claim self defense,” Evans said.