Questions Arise Over Deadly Force After Man Shoots, Kills Alleged Car Burglar

Many questions remain after a man was shot and killed while allegedly burglarizing a vehicle Saturday afternoon in Downtown El Paso.

ABC-7 wanted to know if deadly force was appropriate.

Attorney Gary Weiser, who’s not involved in this case, said state law says you’re justified in using deadly force to protect property other than your home if it’s during nighttime hours.

But if it’s daytime — like this weekend’s deadly shooting — you can justify deadly force only if you reasonably fear for your life.

If someone “attacks you with force that you believe would cause you death or imminent bodily injury, or if you’re threatened with death or bodily injury and you believe that he’s armed or has the ability to carry that threat out immediately,” explained Weiser.

The shooting occurred about 2 p.m. Saturday, and the investigation continued through the night.

Police said a man was allegedly burglarizing a vehicle near Texas Avenue, when another man confronted him.

That’s when police said the two got into a verbal confrontation, and the second man — described only as being in his 50s — shot and killed the alleged burglar.

Weiser said many state statutes regarding deadly force carry over from the Old West.

“If you’re threatened with bodily injury or death, there’s no obligation for you to retreat, run away, before you shoot the person if you acted reasonably,” said Weiser.

ABC-7 asked police for the names of the shooter and the man who died and for details about what happened between them. They said they’re still investigating and can’t release the names yet, since no arrests have been made.