Lubbock Police Sgt. Jonathan Stewart said there is a misguided perception as to when most burglaries occur.
"A burglar crawling in the middle of the night, that is usually not what we see at all."
Indeed, a burglary that turned deadly in Slaton Thursday occurred right in the middle of the afternoon.
"That is a time that we see a lot of burglaries, because that is the time people are not home."
Lubbock County Sheriff's deputies said 69-year old Fred Melcher entered his home with his friend Edith Ayers when they surprised a burglar. Deputies said the burglar is a man they knew, 49-year-old Robert Holt.
Sheriff Kelly Rowe said, "There was an exchange of gun fire between the burglar and the homeowner. The homeowner shot and killed the intruder."
Attorney Curtis Parrish said the Castle Doctrine was made law in Texas four years ago.
"It comes from the term a man's home is his castle," Parrish said. "Did that homeowner have the right to use deadly force? Based on the facts that we know, I would say he is protected by this law."
Parrish said the law is for the legal protection of homeowners.
"You can use deadly force if you feel like your home is bring threatened, your property is being threatened, your car is be threatened or of course yourself is being threatened," he said.
"A person in their home when someone is trying to unlawfully enter their home certainly has a right to protect themselves and their family and property," Stewart said. "That is the step some residents choose to take."
Reminders to keep doors locked and keep your home secured are safety tips that never expire.
"Keep your doors and windows locked, garage door shut," he said.
Deputies said both victims were able to speak briefly to investigators Friday. Melcher is still in critical condition and Ayers in serious.
