San Marcos homeowner who killed intruder may not face charges - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

San Marcos homeowner who killed intruder may not face charges

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A San Marcos homeowner who investigators say shot and killed a suspected burglar may not face any charges.

According to a statement released Monday afternoon by the Hays County Sheriff's Office the case remains under review. A report The Criminal Investigation Division may be submitted to the local D.A. by the end of the week.

This incident dates back to Friday when a South Ridge Estates resident told authorities he had fired shots into his home after hearing burglars inside. One man was later found dead inside the house. The man killed is identified as 20 year old Kevin Ray Rodriguez.

Legal experts, like Texas State Criminal Justice professor Joy Pollock tell FOX 7 it's legal to shoot and kill a burglar based on the state self-defense law.

"I think it results in more justifiable homicides - obviously than there would be without the law."

Pollock said the law was expanded in 2007.

"In general the argument is that it reduces crime because criminals won't do what they want to do because of people having the right to use lethal force, there is actually no evidence to support that, at all."

Investigators are not ruling out that someone else was in the house with Rodrigues at the time of the shooting.

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