In June 2022, Mark Winger, a Texas gun store employee, shot a fleeing thief in the back and was initially charged with murder.
However, last week he agreed to a plea bargain deal of eight years deferred adjudication.
Despite Texas allowing deadly force in defense of property, there are specific conditions that must be met to stay within the law.
Join us as we examine why the Texas justification of defense of property likely did not apply in this case and why Winger’s plea deal was a fortunate outcome for him.
Learn more about the complexities of self-defense laws in our breakdown of “The Hard Limits of Texas Deadly Force in Defense of Property”
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The area behind the counter is clearly an off limits area of the store. Shoplifting would be grabbing something in the customer area of the store (even a rifle off of a rack) and leaving the store. But grabbing a rifle off of a rack behind the counter would meet the black letter definition of burglary. I think the defence could make enough of a point of the burglary element being met that prosecutors took the deferred adjudication as a win for PR purposes.
Former Houstonian, I wasn't clear if this was a bench trial or jury trial? But in any case, I think people there are finally fed up with the growing crime rate, though even in a trial by jury, I guess the judge is still responsible for determining the sentence. And yes, Tillman Fertitta is a billionaire of the Landry's conglomerate, owner of the Houston Rockets, and part owner of the Houston Astros. I'm not going to Google it, but I wouldn't be surprised if this guy's attorney was related somehow.
The key conjunction in the law is "or".
Dude was definitely not thinking going into a gun store to rob it is the dumbest thing somebody can do he’s on drugs, killing the person feeling money is Ludacris shooting him but how many times five times at least.
I’ve mentioned this law for the longest. We Texans are very fortunate to be so unique to be the ONLY state in the union with such a law.
…and some of y’all thought you’ll had similar laws on the books in y’all’s state. No, this isn’t castle doctrine nor is it stand your ground. This is Texas!
Fertitta is a relative of the owner of the Houston Rockets, he ran for Harris Co. DA a while back, he's not an unknown quantity there. Yes, his silver tongue made a silk purse out of a sow's ear.
Shoplifters steal items, merchandise… Cash is not an item and is not meant to be handled by customers thus to take it is defacto by force.
12:10 They should make this a wall mural on the front of the store, with a statement on the bottom, anyone else want to steal?
Why do you use the adjective of “mere” when you talk about property. Property is property. A theft is wrong; don’t diminish the crime.
One has consent to come in and shop, one don’t have consent to come in and commit theft. Common sense.
Burglary? Seems like it.
Robbing or stealing from a gun store is suicidal, especially in Texas.
I shop that Carter's a lot. Most of the male employees and some of the female open carry there. Not the best place to enter and start some sh!t.
Interesting case! How do you think his lawyer finagled that deal?
Negating the fact the store employee should have never been charged, this is a great outcome.