12 minute read
JUST BEFORE SUNSET ON A WEEKDAY IN EARLY 2017, SEVERAL SHOTS RING OUT IN THE AFFLUENT NORTH LAKE HIGHLANDS NEIGHBORHOOD.
A homeowner is chasing and firing at two fleeing intruders. He hits one; the other gets away.
A year later, both the injured perpetrator and the shooter are hurting in different ways.
Gun ownership in America — a right granted under certain conditions by our United States Constitution’s Second Amendment — is an increasingly politicized issue, but in Texas, conservatives, liberals and independents — more than a million of us — have handgun licenses.
Possessing a gun for protection of person and property is relatively commonplace around here. Actually using the weapon for such purposes is less so.
When is shooting justified? What is it like, as a civilian, to shoot someone? What happens after you pull the trigger?
Andre and Julie Lanaux purchased their dream house in autumn 2016, a goal for which the pair had worked vigorously. They delighted at the opportunity to entertain friends in the spacious, contemporary abode nestled in the desirable North Lake Highlands neighborhood, known for mature trees, rolling hills, proximity to parks and the neighborhood high school, not to mention its relative security.
The fun-loving couple bought a pool table and kept the fridge stocked with beer for guests.
“We just love the neighborhood, and our neighbors, and we felt safe and really happy and excited,” says Julie.
They began to settle in, and 36-year-old Andre started hitting the nearby health club after work. But on Jan. 31, 2017, he wasn’t up to it. He arrived home an hour earlier than usual. Before pulling into the garage, he noticed something amiss.
“The door was cracked open,” he says.
He walked to the front and, through a window, momentarily met eyes with a man inside his living room. Peripherally, he spotted movement in the backyard — another intruder stood behind the fence, near the pool.
Powered by adrenaline, Andre bolted — not away from the scene but back to his car. He retrieved his 40-calibur Taurus pistol and entered his home, prepared for a shootout. He thought they might be armed, he says, or maybe they found the rifle he kept upstairs.
Andre and Julie had three firearms. They carry handguns in their respective vehicles’ glove compartments. They attained licenses following a frightening “road rage incident,” Andre says. After an enraged driver tried to run them off the highway, they feared for their lives, but police responded to their report with nonchalance, they say.
“So I wanted to take matters into my own hands in the future,” Andre says. They keep the third firearm in the home, a .22 rifle with both sentimental and practical value.
“My grandfather learned to shoot with it, taught me and then passed it on,” Andre says.
The two burglars were running out the back door, toward the alley, carrying multiple backpacks, when Andre began firing.
Overwhelmed, he chased and shot. In those seconds, he thought “stop them, shoot low” rather than “kill,” although he concedes he was unable to take adequate aim, because all involved were in frenzied motion.
“One of the guys looked back. I saw his face. I probably could have hit him in the face,” Andre recalls.
But, it was the other one who dropped to the ground, wailing, hit by a hollow-point bullet in the calf muscle.
His accomplice seemed to stall for a moment, as if he was going to come back, Andre says. Then he ran, and to this day has not been identified.
“I was freaking out. I was afraid I might be in trouble, go to jail,” Andre says.
The 911 operator told Andre to put the gun aside, away from his person, where investigators could retrieve it themselves.
“So that the police wouldn’t shoot me,” Andre explains.
Paramedics and police arrived quickly (the Northeast Division substation is less than a mile away). Neighbors emerged.
A woman from across the alley chastised Andre.
“There are kids out here,” she hollered, and he could have hit an innocent person. Dazed, he listened; her tirade did not fall on deaf ears. He still thinks about her words when he cannot sleep.
An ambulance carried away the injured suspect, who soon was identified as Julio Rivera, age 16.
Because he is a juvenile, none of Rivera’s records are publicly available.
you pull the trigger?
Julie was still at her downtown office when Andre called.
“I need you to come home. I shot somebody. They broke into our house.”
It had been a crazy day at the office, and it was a 20-minute drive home, Julie recalls. As darkness descended, she arrived to a chaotic scene — police everywhere, neighbors gathered outside.
She found her husband, rushed to him, gave him a big hug and said, “I am glad you are OK.”
The investigators asked the homeowners to look at the items in the house and driveway.
“We had to identify our own property and what wasn’t ours, like a couple of the backpacks. And a cellphone,” Julie says, pausing to look at her husband, perhaps to see how he was holding up as she recounted this part.
As they took inventory, a cellphone, lying on the ground, which evidently belonged to Rivera, rang repeatedly.
“ ‘Dad, Dad, Dad’ kept showing on the screen — it must have rang 20 times,” Julie says. Heartsickness washed over them as they realized the boy’s father was desperately trying to reach his son.
By then, Julie, a lawyer, had spoken to friends at the police department and partners in her office. She believed Andre was within his rights, under Texas law, to shoot.
“It didn’t change the fact that we were now the people who had shot someone’s child,” she says.
“If it was an adult, I would feel less bad,” Andre says. Rivera is a large teen. He appears older than his years.
In future proceedings, Andre would not even be able to look at the kid’s parents, he says.
Officers temporarily confiscated the gun. Andre sat in a police car and answered their questions.
“They didn’t treat me like a criminal or anything. They were professional and calm. They were following protocol,” Andre says.
They advised Andre to purchase another gun, because they would likely keep his for several months. He did.
Last November, after the investigation concluded, they returned the handgun, wrapped in a paper bag, to Andre.
Texas law allows homeowners to protect themselves and their property, even with deadly force.
Chapter 9 of the penal code describes all kinds of self-defense and personal property protection laws, says Ted Steinke, a criminal defense attorney and former prosecutor for more than 42 years who also happens to live in Lake Highlands North, where he chairs the crime watch. The law says that a property owner is justified in using force if the owner believes it is necessary to prevent someone from interfering with said property. Essentially, Steinke says, there is tremendous room for discretion in Texas law.
“In layman’s terms, a person has the right to use force to protect property up until law enforcement says it was not reasonable.”
In some cases a homeowner could be arrested and a grand jury would decide whether to indict. Action is determined on a case-by-case basis.
If someone in Andre’s situation accidentally shot a bystander, he or she would face criminal liability, Steinke says.
Shooting an intruder inside the home (your car and workplace also fall under this code, often called Castle Doctrine), where homeowners are clearly protected under the law, is different than shooting someone who has already left the premises. And there is a difference between killing and wounding.
“If a fleeing intruder is killed rather than injured, things are going to be different,” Steinke says.
Every state varies, and Texas is more lenient when it comes to protecting property and carrying a gun.
The investigators spent five hours or so at the Lanaux residence that night, searching the home, questioning the couple and dusting for fingerprints and other evidence.
Andre was not charged with any wrongdoing. Andre and Julie also recently were awarded $5,000 in restitution for damages and losses.
Ultimately, losses included an array of strangely miscellaneous items, not entirely important ones, all things considered, Julie says. “They stole jewelry that was mostly costume jewels, every lighter we owned, all of our beer, condoms, my medal from the Dallas Marathon,” she says. “They obviously played a game of darts, played pool and spilled beer all over the expensive pool table covering.”
The Lanauxs still believe in protecting themselves with guns, especially following the break-in. Julie went into work late the day of the shooting, they recall. What if she had been there alone with no way to defend herself, they ask rhetorically. They aren’t going to take that chance.
But the incident served as a wake-up call.
Since the suspect is a minor, we were unable to interview him. However, Julie says that at the restitution hearing, his mother cried and pleaded for leniency, saying her son still could not walk or secure a job. The family was given five years to pay the $5,000.
Andre has heard endless judgments from friends and family, he says, ranging from “you should have killed him” and praise for his gunslinger action to appall for almost killing a teenager over property or even (from his own parents) owning guns at all.
Andre went along with jokes made on social media and took the virtual high fives from gun enthusiasts in stride, but behind closed doors, he was agonizing.
The funny thing is, Julie says, they are both politically left-leaning, the only ones in their Carrolton neighborhood, before moving here, to place a Hillary Clinton support sign in their yard.
In Texas, yes, even self-proclaimed “bleeding-heart liberals” might be packing heat.
He is thankful no lives were lost, Andre says, but he and Julie both have endured sleepless nights.
Andre seemed to suffer signs of post-traumatic stress, Julie says, such as waking up in the middle of the night, yelling. “Night terrors,” she says, “where it would take 30 minutes or more to calm him.”
He stopped going to parties and social events. Stopped meeting up with the running club to which he and Julie belong. He couldn’t sleep well for three months at first, she adds.
And a few months ago, when Andre heard about another homeowner in the nearby Moss Haven area who shot an intruder, he contacted the guy, because he thought the person might be suffering in a similar way, and he wanted to know if he could help, Julie says.
That’s one of the tough things about our right to own guns, says lawyer Ted Steinke. It’s something trained police officers deal with all the time. Steinke has defended several Dallas cops indicted because their supervisors determined they made the wrong decision with a firearm. For citizens, it is even tougher. “You sometimes have to make a split-second decision,” he says, “and it can change your life.”
Wednesday, February 14 11:30 am Check-In/Networking 12:00 pm Lunch/Awards
Knights of Columbus 10110 Shoreview Dr.
Tickets $30 per person Tables and Sponsorships Available Awards
Small Business of the Year
New Business of the Year
Business of the Year
Non-Pro t Agency Legacy Award
(Individual that has contributed to the success of Lake Highlands)
For more informa on and to purchase ckets go to www.lhchamber.com
Whether you are planning on upsizing, downsizing or rightsizing in the New Year, now is the time to get started – before the arrival of the traditional spring selling season. Friendly and knowledgeable, the Dunham Brothers, Max and Dan, will be with you every step of the way. In this competitive market, the Dunham Brothers are your competitive advantage.
Setting down roots
LHJH to be beautified with influx of trees
By EMILY CHARRIER
IN THE COMING YEARS, stately oak trees will provide a canopy of shade along the track at Lake Highlands Junior High School, giving students needed protection from the beating sun. Colorful crape myrtles and redbud trees, both with bright blooms, will dot the roadways along Ferndale and Walnut Hill by the school.
Adding 130 trees over the coming three years is part of a multistep beautification project aimed at making the campus’ outdoor space more inviting. In addition to the new bevy of saplings, the project will include a cut-limestone seating area and new retaining walls for expanded green space.
“Lake Highlands Estate Neighborhood Association seeded the project with a large donation, but it will take other civic organizations and community members to realize the project,” says Carolyn Potter, PTA president at LHJH, adding that the total project cost is $47,500. “The cut limestone seating areas outside the Walnut Hill side of campus, the retaining walls around the auditorium and tearing out the concrete parkway along Walnut Hill are the bulk of the expense.”
Led by organizers Potter, Mark Gray of M-Gray Architects and Cary Woodall, the PTA is still collecting funds to finish the project at lhjhpta.org (look for “beautification project”). Those who can’t donate dollars can take part in a work day on Jan. 13 from 8-10 a.m. to help plant the first phase of trees around campus. The PTA will provide donuts, coffee and all materials. Join Richardson ISD trustees Jean Bono, Eron Linn and Karen Clardy in making the junior high look its best, and sign up at lhjhpta.org
Notable Grad
Hannah Hargrove
WHEN LIFE GAVE Hannah Hargrove tragedy, she turned it into a level of success few could have predicted. Her father was John Hargrove, the eccentric owner of Orr-Reed Wrecking, who was kicked to death in an East Dallas bar fight in 2013. Hannah, just 23 at the time, was tapped to take over the family business. Not only did she help the company flourish, she landed it on a national television show. “Texas Homewreckers” follows operations at the shop, and premiered on Great American Country in October.
Three things to know:
1 Hannah Hargrove made the shop her own by organizing randomly scattered piles of old windows, floorboards and even broken toilets into something that looks more like a designer shop than a junkyard.
2 She got married amongst the wreckage of Orr-Reed, under a makeshift archway between sheets of rain. She traded salvaged windows for a wedding dress.
3
While her father’s death was tragic, she sees it as a fitting end for his colorful life. She told the Observer in 2014, “I know that he would much rather have gone out in a John Wayne bar fight than at home with a heart attack. In the end he got his cowboy death, which I think he would have greatly appreciated.”
Sixth-graders at Highlander School paired up with the Lake Highlands Military Moms and Lake Highlands Exchange Club to ensure that soldiers from our neighborhood enjoyed a Merry Christmas. The students collected donations of toiletries, snacks, magazines, Christmas decorations and more and packed the items in assembly-line fashion. In all, they shipped off 33 boxes to active military members. The Exchange Club paid to mail the packages to 11 soldiers with neighborhood ties.
Richardson ISD’s Coach of the Year was Lonnie Jordan of Lake Highlands High School. MVP was Jakson Thomson. Corey Fulcher was named Utility Player of the Year and Offensive Player of the Year Trumane Bell was the Defensive Player of the Year Defensive Newcomer of the Year was Dreveon Eatmond.
The boot-scootin’ Wildcat Wranglers will host a 25th anniversary party on Jan. 6 at Eddie Deen’s Ranch from 8 p.m. to midnight. There will be keepsakes, photos and videos galore, along with live performances. Tickets are $30 and available at lhhswranglers.org.
Jim Kratz, a Lake Highlands High science teacher, golf coach and football referee, was honored with the Dallas Football Officials Association (DFOA) Lifetime Award.
Educating in Dallas for over 100 years.
Open House
Thursday, January 18
5:30-7:00 pm
6121 E. Lovers Ln. (@ Skillman) / Dallas, TX 75214 214-363-1630 ziondallas.org
Our Redeemer
LUTHERAN
School of Dallas 7611 Park Lane, Dallas, TX 75225
214.368.1371 / ORDallas. org
On a beautiful campus just across from NorthPark Center, Our Redeemer encourages working above level, but without the atmosphere of anxiety and pressure. We’re nationally accredited through NLSA with our students historically scoring 2.5 years above level in nationally normed testing. PK 2 – 6th graders are provided a faithbased education of co-curricular Fine Arts and Language enrichment, strong academics, daily PE and recess and interscholastic athletics. Before and aftercare options are offered for PK3 and up. Private tours by request.
Our Redeemer
Lutheran school
WHITE ROCK NORTH SCHOOL
9727 White Rock Trail Dallas/ 214.348.7410
WhiteRockNorthSchool.com
Putting Faith in Education
NOW ENROLLING FOR 2018-19 Contact carolb@orlcs.com
• Age PK2 through 6th grade programs
• Low student – teacher ratio • Nationally accredited
• Test score average 2.5 years above national norm
• Music/Fine Arts, Religion, Spanish, Daily P.E. & Recess
• Interscholastic athletics • Traditional educational curriculum blended with integrated technology
214-368-1371 | ORDallas.org
7611 Park Lane, Dallas, TX 75225
6 Weeks through 6th Grade. Our accelerated curriculum provides opportunity for intellectual and physical development in a loving and nurturing environment. Character-building and civic responsibility are stressed. Facilities include indoor swimming pool, skating rink, updated playground, and stateof-the-art technology lab. Kids Club on the Corner provides meaningful after-school experiences. Accredited by SACS. Call for a tour of the campus.
WHITE ROCK NORTH SCHOOL
6T 6TH GRA E DE INFAANTTS
Now offering additional specialized services for students with: ADHD, Dyslexia, Dysgraphia, & Speech/Language challenges
WEDNESDAY, FEBUARY 14TH AT 9AM
A one of a kind school In the Lake Highlands area! Awesome After School Program & Summer Camp!
By GEORGE MASON