Texas Man Kills Home Intruder With His Own Gun

Jeff Mock

Active member
BLUE MOUND, Texas — When two gunmen smashed through the glass front door of her suburban Fort Worth home, Kellie Hoehn didn't think twice.

The 34-year-old mother of two grabbed a shotgun that had been pointed at her face early Wednesday, starting a struggle that ended with one intruder killed with his own weapon and another in the hospital.

"I wasn't going to let them get to my babies," she said, recalling the moment when she pushed up the muzzle of the shotgun, pointing it away from her children's rooms.

Although the intruders told her to keep quiet, she screamed for her husband. She told her 12-year-old son, who was awakened by the sound of the shattering glass front door, to get his 5-year-old sister and hide.

"It was like a horror movie," her husband, 32-year-old Keith Hoehn, told the Fort Worth Star-Telegram. "I thought I was a dead man. We're fighting for our lives."

With Kellie Hoehn clinging to the weapon's muzzle, her husband tackled the man who held the shotgun. She knocked the intruder in the head with a jar candle, giving her husband a chance to wrest the shotgun.

By then the tussle had spilled out onto the front lawn. Keith Hoehn shot one of the men who had a pistol, police said. Wounded, that man ran away.

Then the intruder who initially had the shotgun charged Keith Hoehn.

Kellie Hoehn told The Dallas Morning News that she screamed at her husband, "Shoot him, shoot him, shoot him."

Her husband fired the shotgun and the man fell to the ground. Then the shot man lunged a second time.

"Well, I shot him again, and I guess that was it," Keith Hoehn said.

Dakota Scott Benoit, 20, of Richland Hills, was pronounced dead at a hospital. John Garland Pierson, 25, of Haltom City, was in critical condition and in police custody at the hospital.

"I am not happy that someone is dead," Kellie Hoehn said. "But I am glad that my family is alive."

Police said Pierson was shot in the left arm and the bullet pierced his diaphragm and other organs but his condition was improving. He will face charges of burglary of habitation with intent to commit another felony, police said.

Investigators say the couple were just defending their family and probably won't be charged.
 
That's great!

I'll bet if they were not gun owners, they will be shortly... /ubbthreads/images/graemlins/smile.gif

I have NO sympathy for the criminals.
 
+1 Barry! /ubbthreads/images/graemlins/grinning-smiley-003.gif

You have to love gun ignorant reporters. Just what kind of "bullet" does a shotgun shoot, anyway?

"Investigators say the couple were just defending their family and probably won't be charged."

"PROBABLY"? They better not charge them, good Lord! Thank goodnesss it is Texas, had that happened here, in MD, the family would have no doubt been locked up /ubbthreads/images/graemlins/crazy.gif
 
It's Texas....

They won't charge 'em.
They might lower their homeowner's policy rates though. /ubbthreads/images/graemlins/laugh.gif
 
This is great. My wife and I watched the news and wanted to shout 'yeah'! when we saw this. We've had some home invasions in DFW that have gone pretty badly for the homeowners. This will hopefully make the crooks think twice! /ubbthreads/images/graemlins/ooo.gif
 
I love Texas, a state that actually lets its residents protect themselves and their family!!

Texas, the ONLY state i'll live in.
 
Quote:
"I am not happy that someone is dead," Kellie Hoehn said. "But I am glad that my family is alive."


/ubbthreads/images/graemlins/grinning-smiley-003.gif /ubbthreads/images/graemlins/grinning-smiley-003.gif /ubbthreads/images/graemlins/grinning-smiley-003.gif what more can you say?
 
The break-in by those two men was obviously a cry for help. This tragedy could have been avoided if more social programs were available to the most vulnerable members of our society. The story failed to mention where these two young men purchased their weapons. This may be a result of the failure to close the gun show loophole.

Can you guys tell I'm from Maryland? /ubbthreads/images/graemlins/smirk.gif
 
Quote:
The break-in by those two men was obviously a cry for help. This tragedy could have been avoided if more social programs were available to the most vulnerable members of our society. The story failed to mention where these two young men purchased their weapons. This may be a result of the failure to close the gun show loophole.

Can you guys tell I'm from Maryland? /ubbthreads/images/graemlins/smirk.gif



ROTF!!!

Yes, MD is one of the few states that 'boasts' NOT the "stand Your Ground' or even 'Castle' Doctrines for home defense, but instead the 'Duty to Retreat' Doctrine, meaning you must wet your pants and run away, call 911, wait while the kids you left in the house are murdered and then when the LEOs show up 1 hour later sign the papers so the killers can come get you after they are released on parole the next year.

Democrat criminal justice, and the sheepeople here just keep voting for it and living like lemmings (er, not to insult lemmings!)
 
Texans first republicans second! Shoot him again! If they had killed them both it would have saved the Tax payers a bundle!
 
Isn't it murder if anyone dies during the commision of a felony? Shouldn't that lowlife be looking a much stricter sentence than he'll get for burglary? I agree shouldn't have stopped firing until they were both laying cold. It will cost the state more than that POS could have possibly made every year to house him.
 
Quote:
Isn't it murder if anyone dies during the commision of a felony? Shouldn't that lowlife be looking a much stricter sentence than he'll get for burglary? I agree shouldn't have stopped firing until they were both laying cold. It will cost the state more than that POS could have possibly made every year to house him.



Yes, sort of.

Most staes call it the "Felony Murder Rule," Texas calls it: the "Law of Parties."

Law of parties

THE STATUATORY BASIS OF THE LAW OF PARTIES
Section 7.02 of the Texas Penal Code outlines the following:
A person is criminally responsible for an offense committed by the conduct of another if "acting with intent to promote or assist the commission of the offense he solicits, encourages, directs, aids or attempts to aid the other persons to commit the offense" or "If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy."
Article 37.071(b)(2) of the Code of Criminal Procedures permits the infliction of the death penalty only if the jury believes beyond a reasonable doubt that the defendant "intended to kill the deceased or another or anticipated that a human life would be taken."

§ 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF
ANOTHER. (a) A person is criminally responsible for an offense
committed by the conduct of another if:
(1) acting with the kind of culpability required for
the offense, he causes or aids an innocent or nonresponsible person
to engage in conduct prohibited by the definition of the offense;
(2) acting with intent to promote or assist the
commission of the offense, he solicits, encourages, directs, aids,
or attempts to aid the other person to commit the offense; or
(3) having a legal duty to prevent commission of the
offense and acting with intent to promote or assist its commission,
he fails to make a reasonable effort to prevent commission of the
offense.
(b) If, in the attempt to carry out a conspiracy to commit
one felony, another felony is committed by one of the conspirators,
all conspirators are guilty of the felony actually committed,
though having no intent to commit it, if the offense was committed
in furtherance of the unlawful purpose and was one that should have
been anticipated as a result of the carrying out of the conspiracy.

§ 7.01. PARTIES TO OFFENSES. (a) A person is criminally
responsible as a party to an offense if the offense is committed by
his own conduct, by the conduct of another for which he is
criminally responsible, or by both.
(b) Each party to an offense may be charged with commission
of the offense.
(c) All traditional distinctions between accomplices and
principals are abolished by this section, and each party to an
offense may be charged and convicted without alleging that he acted
as a principal or accomplice.
 
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