Parent claims teen shot while trying to get away
Officials decline comment on how 15-year-old died
By MELISSA TRESNER, JIM HARDIN
Wednesday, June 21, 2006
A day after a teen was fatally shot at a Parade of Homes residence, investigators had wrapped up their case against the boy's three friends, who were charged with burglary of a habitation.
Two of the teens' parents, meanwhile, are publicly saying they believe the homeowner used excessive and unnecessary force.
Gregg County District Attorney Bill Jennings wouldn't answer questions about the Monday morning break-in on Camille Drive, but he did provide information about the law regarding defense of property.
"Facts involving the shooting and burglary of the residence will be presented to a Gregg County grand jury at a future date," Jennings said.
Police on Monday said three teens — Trenton Joseph Houghton, Gregory Lynn Blaine Allison II and a 14-year-old boy — broke into the home at 1104 Camille Drive at about 3:30 a.m. Monday. On Tuesday, police said a fourth boy, a 16-year-old, also was involved and was arrested Monday night.
Houghton was fatally shot, and the 14-year-old boy, identified by his grandmother as Josh Cominsky, was wounded.
According to a news release Monday, the sound of breaking glass awoke the homeowner, and he told police he got a firearm and went into the living room of the three-bedroom, three-bath house. Police officers have not released the name of the homeowner, but they identified James Pitre as the burglary victim on a police report. The Gregg County Appraisal District lists James Pitre's wife, Lorrie, and Prestige Builders as the homeowner.
According to police, the homeowner said he saw several people standing inside the room, and one of them appeared to be holding a weapon.
Allison, 17, was arrested at the house, where he had been detained by the homeowner. Allison, charged with burglary of a habitation, was released from the Gregg County Jail on Monday night after posting $20,000 bond.
According to an arrest warrant, Allison told police he and the other suspects intended to steal property at the residence. "Suspect was wearing gloves, hat and dark clothing, which shows their preparation to commit the burglary," the arrest warrant says.
Allison's mother, Rosena Unruh, would not discuss the incident, and police have not said whether any of the boys had a weapon.
Lauretta Sok of Longview said her grandson, Josh Cominsky, had been released from the hospital and was at the Gregg County Juvenile Detention Center on Tuesday. Officials would not say when a detention hearing will be held in his case or in the case of the 16-year-old. Those hearings are public. Houghton's mother, Jan Harvey of Hallsville, and Sok said they believe the homeowner used unnecessary force.
Sok said the teens were not inside the house when they were shot.
"I was there when Josh gave his statement. He said they never got in the house. The boy pushed the door open, and the man was already standing there with the gun. He shot Trent. He shot Josh in the back as he was going over the fence to get away," Sok said.
"The police asked him, 'Did the man give you any warning that he was going to shoot?' Josh said, 'No.' "
She said Cominsky had shotgun pellets in his back.
Harvey also said her son had a gunshot wound in his back.
Gregg County Justice of the Peace Talyna Carlson pronounced Houghton dead at the hospital Monday morning. She would not say on what part of his body Houghton had been shot.
"I don't really want to answer that question yet. I know what I saw, but I don't have the autopsy back yet," she said.
She said it usually takes about a week to get preliminary results.
Longview police also would not answer questions about the location of Houghton's wounds or whether the homeowner would face charges.
Police department spokesman Shaun Pendleton said Tuesday that investigators had wrapped up their case and would be forwarding it to Jennings within the next couple of days.
"We're not releasing anything else about this," Pendleton said.
The East Texas Builder's Association, which sponsors the annual Parade of Homes, on Tuesday removed the Camille Drive property from this year's tour. Prestige Builders' other home at 6881 Penguin Road in Gilmer remains on the tour.
Jimmie Snider, executive vice president of the East Texas Builders Association, said would-be burglars should be aware that some Parade homes might be occupied by people who are armed.
"We need to get the message out to anyone and everyone that the builders are on alert now," she said. "It's dangerous to break into someone's house. People need to know that. They never know what they will find when they break into a building."
Snider, who has worked for the association for 36 years, added that homeowners have a right to protect their property and family.
There were several vandalism incidents at other Parade homes outside of the city limits Thursday, Friday and Sunday night, Snider said.
Builders have problems with vandalism throughout the year, Snider said, but "nothing this extreme" has occurred during previous Parade of Homes events.
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Property defense laws
This week's fatal shooting of a 15-year-old who police have said was involved in a burglary has raised questions about the lengths to which people can legally go to defend their properties.
Sections 9.41 and 9.42 of the Texas Penal Code address the protection of a person's property. Those and other state statutes can be read online via
www.capitol.state.tx.us.
When asked about the law, Gregg County District Attorney Bill Jennings released instructions to juries in past defense of property trials. According to those instructions:
— A person in lawful possession of land or tangible movable property is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
— A person is justified in using deadly force against another to protect his land or tangible movable property, and the possession thereof (1) if he would be justified in using force in the first place, as hereinabove set forth, (2) when and to the degree he reasonably believes the deadly force is immediately necessary, as viewed from his standpoint at the time, to prevent the other person's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime or criminal mischief during the nighttime, and (3) he reasonably believes that (a) his land or property cannot be protected by any other means or (b) the use of force other than deadly force to protect his land or property would expose him or other persons to a substantial risk of death or serious bodily injury.
— Under the law, a person defending his habitation with deadly force against a person who is at the time of the use of force committing an offense of unlawful entry in the habitation of the person so defending is under no legal obligation to retreat irrespective of whether a reasonable person would have so acted.
I can't get away from this fucking story.you edited your post?
