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Bullets hitting houses is Outdoors

5,008 Views | 25 Replies | Last: 1 yr ago by 2040huck
JR_83
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My daughter lives in a barndominium out in the country. On Dec 21, she had gone to the grocery store and upon returning home, proceeded to start putting up her groceries. While toting a couple of jugs of water into the house, she heard an odd noise inside the house and then looked over to see a hole in her back kitchen window. Actually, it was holes, plural, in a double paned window. She knows that something isn't right and drops to the floor. After a few moments, she realizes that her home was struck by a stray round. She walks over to the wall opposite the kitchen and, sure enough, there's an exit hole. She walks outside and sure, enough, there's an entrance hole in the outside wall. She's pretty shook up, she called my wife and I and also called the Sheriff's office. She's also fairly sure that the shot came from a neighbor who has a shooting berm about 270 yards away. We were only a couple of miles away, and by the time we got there, the deputies were on the scene. In amongst the pieces of glass outside from the double paned window, daughter found the spent full metal jacket round. Looked like a pistol round, maybe .40 S&W. She gave a statement to the deputies, who took the spent round. They, in turn, went to talk to prospective perp, who apparently admitted that they (never said who or how many) were shooting earlier. Deputies did nothing else but did tell my daughter that a detective would be in contact. Detective did call but was not particularly encouraging in what could be done criminally. They have the round but made it sound like there was no way that they could tie it to any one shooter. I was able to go back by the house yesterday, and inserted a wooden dowel into the bullet hole, and it does point back towards the suspected perp's property. I think that the round penetrated the wall, and then tumbled across the interior of the barndo before striking the kitchen window. My daughter said when she picked up the round, that it had a little bit of flattening/deformation on it. If she had been crossing the kitchen at same time as round went through, she would have been struck. Oh, and forgot to mention, my daughter's fianc had been out at the site about a year ago, putting in a culvert, and HE could hear rounds whizzing overhead coming from same general direction of perp's property. He called non-emergency Sherrif's office number to report it, but nothing was really done.

So, here's my questions - (1) has something like this happened to any of you? (2) if the round did come from where we think, isn't the property owner liable (civilly) even if we don't know who shot? Nearby folks have also indicated to daughter that they're pretty sure they know whose property it was. (3) if the county won't proceed with charges (reckless discharge, bullet crossing property lines, etc) what should she do next?

Thanks for all feedback.
MouthBQ98
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Game warden has jurisdiction and can enforce.

This happened to me with my horse barn and neighbors shooting over a barn. Found a couple of bullet holes when I bought the place and assumed it was a past freak accident. Then one day after they were shooting, found about 10 new ones, I think they were far back and like idiots had been shooting at something on top of the dirt berm backstop instead of in front of it. Multiple bullet holes with path traceable to the top of the berm and going through the back of my barn at 4-6 feet over the ground.


Fortunately my horse dislikes both going into the barn AND gunfire in general, so he was on the other side of my property. Final draw was when was we were outside and my wife was out at the barn and I was out back also and they pull up out there in a truck and start banging away with an AR. Fortunately they were shooting at a target low on front of the berm, but when you hear the whack of the impact before the shot, you know something is not right. Yelled over at them but my wife went off on them. I don't mind them shooting but they need to check down range first every time AND set up to use the back stop safely.

I documented the barn hits so if there's a new one, we're calling out the game warden.
CanyonAg77
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MouthBQ98 said:

Game warden has jurisdiction and can enforce.
So much this
Build It
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In Texas, negligently discharging a firearm into someone's home can lead to several potential charges. I'd guess intent matters on which charge. The Sheriff sucks.:

- **Deadly Conduct**: Under Texas Penal Code 22.05, discharging a firearm at or in the direction of a habitation, building, or vehicle with recklessness about whether it is occupied is considered "deadly conduct." This is classified as a third-degree felony, punishable by 2 to 10 years in prison and a fine up to $10,000.[](https://www.txcrimdefense.com/unlawful-discharge-of-a-firearm-texas-laws/)

- **Aggravated Assault**: If the act of discharging the firearm into a home results in someone being seriously injured, or if the act was done with knowledge of the presence of individuals inside (even if no one was hurt), charges could escalate to aggravated assault under Texas Penal Code 22.02. This is generally a second-degree felony, with penalties ranging from 2 to 20 years in prison and a fine up to $10,000.[](https://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/texas-aggravated-assault-laws)

- **Criminal Mischief**: If the discharge causes damage to the property, this could also lead to charges of criminal mischief, where the severity of the charge (misdemeanor or felony) depends on the amount of damage caused. For instance, damages between $2,500 and $30,000 could result in a state jail felony, with up to 2 years in jail and a $10,000 fine.[](https://x.com/Scubaaruba77/status/1875935341565350220)

Additionally, the context in which the firearm was discharged could influence the charges:

- **Reckless Discharge in Municipalities**: If this occurred within the corporate limits of a municipality with a population of 100,000 or more, you could also face a Class A misdemeanor for recklessly discharging a firearm under Texas Penal Code 42.12, with potential penalties of up to one year in jail and a $4,000 fine.[](https://www.dwilawyerstexas.com/tx-penal-code-42-12-discharge-of-firearm-in-certain-municipalities/)

ABATTBQ11
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May want to contact your local prosecutor and see what they have to say about filing any kind of charges. Sheriff may not want to deal with it, but the prosecutor might.

Also, you may want to have a word with an attorney about what it would take to sue them for damages. Civil court doesn't require the same level of proof that criminal court does, and the property owner may be liable for people negligently shooting on his property, regardless of which individual is directly at fault, because he's allowing/facilitating it. If they admitted to shooting earlier in that day and your daughter is in the middle of nowhere, it's not a logical leap that they're the ones responsible. If a cease and desist letter and a demand for payment for the window and the wall go unheeded, you may consider following through not just to collect, but to let them know you're not ****ing around, to take future threats seriously, and to stop post haste.
Charismatic Megafauna
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Thinking outside the box here... what if you put your own cans* on top of the berm and shoot at it from your side?

*cans of tannerite
Claude!
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Charismatic Megafauna said:

Thinking outside the box here... what if you put your own cans* on top of the berm and shoot at it from your side?

*cans of tannerite
zooguy96
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Raise hell until something gets done. There is no way in hell I'd be good until someone had a criminal record of some kind.
frorge
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Silly question, have you tried talking to the neighbors one on one?
CanyonAg77
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zooguy96 said:

Raise hell until something gets done. There is no way in hell I'd be good until someone had a criminal record of some kind.

What if he added a foot to the top of the berm? Or closed the range?
B-1 83
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What is it you're after, OP?
Being in TexAgs jail changes a man……..no, not really
Mas89
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CanyonAg77 said:

MouthBQ98 said:

Game warden has jurisdiction and can enforce.
So much this
For sure. Have them come out and make a report. Get a copy of the report. Insist on it. No idea what county or size of the county, but in my experience you always want a report from a state officer when possible and bullets crossing a property line is an offense Texas game wardens deal with regularly.

A neighbor should not be shooting from that distance towards anyone's house besides his own if he's dumb enough to. If talking to him doesn't do any good, I would press the county DA to take the case after getting a game warden report.
txags92
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As her dad, I would go next door and have a heart to heart with the owner of the berm and let him know very politely and non-threateningly that nobody takes more than one shot at your family and gets away unscathed. I would suggest to him that he needs to change the berm location/direction/height, shooter instructions, and target placement so that there can never be a repeat of the situation for his own safety.
BaronDeBishopville
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A friend of mine came home to a bullet hole in the dining room window and a bullet lodged in the wall over the dining table. After much investigation, it turned out someone over a mile away had taken a shot at a nutria on their lake.
Jbob04
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Maybe you should try reading the OP?
Bonfire97
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Quote:

What is it you're after, OP?
I would guess some accountability for what are probably some city weekenders who had crap parents who taught them nothing about gun safety.
JR_83
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We want accountability, and for shooter to pay for house repairs. (It's only a little over a year old.) If the perp gets criminally convicted, of anything, that's just gravy. You have to hit people in the pocketbook to get their attention.
I Am A Critic
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frorge said:

Silly question, have you tried talking to the neighbors one on one?
There's no need for common sense around here.
B-1 83
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Jbob04 said:

Maybe you should try reading the OP?
I did, and I stand by the question. Repair costs? Incarceration? Fines?
Being in TexAgs jail changes a man……..no, not really
BrazosDog02
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Next step is to repair the house and move on with life. I've had to work with law enforcement on several things and I'm going to bet they aren't going to mess with this. No one died and they just aren't going to go allCSI to match a bullet and ballistics to a person and their rifle to find the one that pulled the trigger.

Sucks, but that's just how it is. Fix the house, call the warden next time they start shooting if they are truly shooting toward you. You might be able to catch them in the act and at least have future issues abated.
Bonfire97
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I would definitely go over there and show them pictures of the damage and tell them the date and tell them you heard shooting that day coming from that direction. I would also ask if they have homeowners insurance and ask them if they will pay for the damages. Of course, this all assumes these aren't motorcycle gang tatoo'd up meth heads in a 50 year old mobile home with pit bulls outside. If so, then follow BrazosDog's advise.
vmiaptetr
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frorge said:

Silly question, have you tried talking to the neighbors one on one?
Whoa. Let's not get out of hand here.
Deats99
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Shoot back!
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
Moy
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Did you get a case # from the SO?
mhnatt
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BrazosDog02 said:

Next step is to repair the house and move on with life. I've had to work with law enforcement on several things and I'm going to bet they aren't going to mess with this. No one died and they just aren't going to go allCSI to match a bullet and ballistics to a person and their rifle to find the one that pulled the trigger.

Sucks, but that's just how it is. Fix the house, call the warden next time they start shooting if they are truly shooting toward you. You might be able to catch them in the act and at least have future issues abated.


Your "solution" is to wait until "next time" since no one died this time?

Evidently you either don't have a daughter or are a beta. A bullet going through my daughter's kitchen from a careless neighbor is not something any decent dad would just "'move on" with, especially since no evidence that this * will move his shooting range even after confronted by law enforcement (as aparent by his failure to even come apologize and make right).

Unfortunately this situation requires taking as much action as the law allows - and that means the next step is to pay the neighbor a visit to underscore how much is at stake. The regret of failing to do everything within reason (legally) now, is much worse than over reacting or getting beat up by a redneck whilst protecting your daughter's life.
2040huck
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We woke up one morning and found sheetrock on the floor at our camp near Corsicana. Started looking and found a bullet hole. Went through the wall, a hollow door and lodged in a facing of the bathroom door. .223 round.

Called the game warden and he said not much they could do. Could have come from a mile away. It was definitely on a downward trajectory when it hit.
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