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Brandon Richardson, 15, and his friend Devin Nalls, 16, were in W. C. Frosch’s yard about 10:30 p.m. March 1. Mr. Frosch, 74, saw the boys -- Brandon near the house -- grabbed his handgun and fired through a window. He hit Brandon below the left arm.
All the parties agree to those facts. The dispute comes over whether Mr. Frosch had the right to shoot under Texas castle allow, which allows residents to protect their property with deadly force.
Mr. Frosch was indicted by a Kaufman County grand jury Wednesday on aggravated assault with a deadly weapon. If convicted, Mr. Frosch could face 2 to 20 years jail time or probation with a fine of not more than $10,000.
The case is complicated by tragedy – Devin’s mother, a nurse, was killed in a traffic accident as she drove the boys to the hospital.
Brandon recovered from the wound.
Brandon and Devin say they were cutting across the Frosch yard on Highway 243 in Kaufman because they heard music and believed there was a party nearby.
Mr. Frosch has said repeatedly that he believes the boys were there to break into his house. He said he was justified in firing because Brandon was near his house, possibly looking in.
Mr. Frosch said late Wednesday afternoon he hadn’t been told about the indictment and wanted to talk to his attorney before commenting.
A warrant will be issued for his arrest and he likely will surrender, Asst. District Attorney Brian Corrigan said. The case will be heard in the 86th Dist. Court before Judge Howard Tygrett.
No charges were filed against Mr. Frosch at the time of the shooting, but sheriff’s deputies found evidence conflicting with his statement and forwarded the case to the district attorney.
“The district attorney thought we had enough evidence and took it forward to the grand jury,” Sheriff’s spokesman Bryan Francis said.
Defense lawyers and prosecutors have been critical of the law, saying it is too vague. Before the changes in the last legislative session, a resident had to believe they were in serious danger before using deadly force was justified. Now, the law allows deadly force if property is being threatened.
The law hinges on whether the resident was reasonable in presuming there was an attack.
© Copyright 2005-2007 by Kaufman County Online
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| Last Updated: Aug 13th, 2008 - 22:48:38 |
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