No charges after resident shoots, kills man who broke into Austin home, police say

AUSTIN, Texas - Austin police say no charges will be filed after a resident shot a man who was trying to break into their home in Northeast Austin.

Police say they got a 911 call just after 5:30 a.m. on April 18 to report a man trying to break into a home in the 7600 block of Bethune Avenue.

A woman told police the man was banging on her door, trying to break her door down, and she was trying to hold the door closed.

"We woke up at about 5, and I heard some knocking going on, I thought it was at our door," said Luke Lewis, who lives in the other unit of the duplex. "He was asking for money, telling the neighbors to let him in, going on and on. At this point I grab my butcher knife, I didn’t know what’s about to happen"

The woman said then the man broke in through a window and shots were fired.

"After banging on the window for about 3 minutes, we hear the glass break," said Lewis. "Four or five shots were fired off, and that was the end of it."

Investigators determined a resident shot the man in self-defense.

"It was determined that the male suspect attempted to break into a home and was shot by one of the residents in self-defense. No charges will be filed at this time," said Cpl. Destiny Silva of the Austin Police Department.

Police say there is no indication that the victims and suspect knew each other.

They say no charges will be filed.

Austin-based defense attorney Sam Bassett says based on the facts so far, it appears this shooting was justified under Texas law.

"The person would have a reasonable fear that they could be seriously harmed or even killed by somebody who was acting so aggressively and so violently in entering the home," said Bassett.

Police say they are still investigating the incident. If you have any information, call the homicide tip line at 512-974-TIPS, or you can call Crimestoppers anonymously at 512-472-TIPS.