Homeowner shoots 17-year-old after home broken into


by Heather Kovar / KVUE News and photojournalist MICHAEL MOORE

Bio | Email | Follow: @HeatherK_KVUE


Posted on September 16, 2013 at 6:13 PM

Updated Monday, Sep 16 at 6:20 PM

AUSTIN -- Austin police have charged 17-year-old Daniel M. Kinchion with 2nd degree felony burglary of a habitation after a homeowner shot him trying to break into his home.

Police say a juvenile and Kinchion broke out a screen and were trying to get into the home on North Colony Drive near Jamestown and 183 at noon on Sunday.

The homeowner fired through the glass, hitting Kinchion. Both suspects ran, but were taken into custody.

Police say the homeowner is not expected to face any charges.

“If someone unlawfully enters or attempts to enter, you can use force or deadly force,” says Michael Cargill of Central Texas Gun Works.

During concealed handgun license classes and general firearms instruction, Cargill says he always goes over what's known as the Castle doctrine. It allows a person to shoot, during the day or night, if someone is breaking into their home. However, you can only shoot at night if someone is breaking into your car.

“When it comes to theft, if someone is breaking into your car during the day you can not use deadly force,” Cargill says.

He advises his class to always give a warning, and if intruders run, let them go.

“You've got to use your head when it comes to using force or deadly force. Cause with that -- comes great responsibility.”

On Colony North Drive neighbors say they keep an eye on each other.

“It is getting a kind of dangerous. Too many drugs I think,” said neighbor Joe Arias.

In one year, police crime records show within a 1000 foot radius of the home, there have been 16 burglaries, including this incident.