The claims of a 48 year old man that he shot a burglar breaking into his van in the parking lot of a north side restaurant didn't hold up under police scrutiny, and now Victor Ricondo is facing a murder charge, News Radio 1200 WOAI reports.
Ricondo had told police that the victim broke into his van and was ransacking it when he shot him in the parking lot of the Texas Land and Cattle Restaurant on Loop 410 early Tuesday.
But a woman who was with the victim told detectives that Ricondo shot him when he was actually in his own car driving away. Other witneses corroborated that story.Police say the victim did attempt to enter Ricondo's van, but had retreated and gotten back into his own vehicle when Ricondo shot him. It's not known why the victim opened the back door of Ricondo's van.
Under the Texas 'Castle Doctrine' law, a person is entitled use deadly force to stop a person who is committing a crime, but cannot use deadly force if that person has retreated and is no longer a threat.
The Castle Doctrine law is also not a defense against arrest. A person can argue Castle Doctrine at trial if the person still feels the deadly force was justified.