The terrifying incident was reported in the town of Humble, located roughly 20 miles north of Houston.
Harris County Sheriff Ed Gonzalez posted on X, formerly Twitter, that the deceased man was armed with a handgun.
The woman who defended her home was also 39. Gonzalez reported that she was detained by authorities but not charged in the incident. The investigation into the fatality is continuing and evidence will be presented to a grand jury.
Authorities told local media that several police reports involving the couple had been filed recently, indicating trouble was brewing for some time.
According to Texas law, a couple is engaged in a common-law marriage when they agree to be married to each other, share a common dwelling and make it public knowledge that they are married.
Even in an apparently stormy relationship that was undoubtedly ending, allegedly kicking in the door of another party is far beyond the pale. The estranged husband who is accused of breaking in put his life in his own hands when he allegedly forced his way into his wife’s home.
It is highly unlikely that charges will be made without new evidence brought forward. Texas law is clear in such cases, and the “castle doctrine” is standard across the Lone Star State.
The basic principle is that “a man’s home is his castle,” and a person has a right to feel safe there. As such, there is no obligation to retreat from imminent danger.
Texas law is among the most powerful if not the strongest such law in the Republic. Rather than a single statute, it is woven into the legal code and permits the use of deadly force to protect oneself, others and even property in certain situations without the “duty to retreat.”
