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As in, the teen was running away from the house and the homeowner was still firing at him? I'd love to know more facts about this case because that's damn near an open and shut case for a conviction.
I have posted it here numerous times over the years.
Then those threads got whacked in the age out.
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Homeowner is acquitted in student's shooting
Defense said client scared by an intruder.
After four years and two murder trials, homeowner Ray Lemes was acquitted by a jury Monday night of criminal wrongdoing for gunning down a college student on the asphalt of his cul-de-sac.
Lemes, 52, solemnly shook hands with his attorneys immediately after the eight-man, four-woman jury's verdict was read and then briskly left the Cadena-Reeves Justice Center with his wife and a small crowd of supporters.
"It's been a long road for both families. This should have been resolved a long time ago," he said, stating that the district attorney's office is a "disgrace" before walking away. "They would better serve us by opening up a clown academy."
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According to Lemes' attorneys, he was a terrified homeowner intent on keeping his wife from getting raped after chasing an aggressive intruder out of his house in the middle of the night.
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There was nothing disturbed in the home and no sign of forced entry, and the Lemes' "very heightened sense of security" makes it seem impossible that the door was left unlocked, Lunan said. It is possible that Glass, who had a blood-alcohol level of 0.10, which is above the state's legal limit of .08, rattled the door handle thinking that it was his sister's, Lunan said.
There was testimony that the story was different. (see below)
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Argument preceded gunfire, neighbor says Woman also testifies she saw her neighbor pacing in street with pistol.
"I hear arguing, very loud cursing ... and shortly after that, gunshots," Lally testified. "I recognized Ray's voice ... It was kind of soft on the other part, but Ray was cursing quite a bit."
After diving to the floor and calling police, Lally looked out her window to see Lemes behind a brush pile in the street, shirtless and pacing with a pistol in his hand, she said.
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Lemes, 51, could face up to life in prison if jurors determine he illegally shot Angelo State University student Tracy Glass, 19, five times including once in his back.
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But prosecutors David Lunan and Jason Garrahan pointed out Monday that all six shell casings from Lemes' gun were found in the street not on his property.
San Antonio police Detective Sean Walsh, who carries a Glock pistol of his own, said the firearm generally ejects casings about 8 to 10 feet behind and to the right of a shooter.
Did Lemes talk to Glass in the street before he killed him?
Did he say "If you move I will blow you away?"
Glass started to surrender, moving to lay on the ground while Lemes blew him away.
This even probably cost Lemes $70k between both trials.
And he did not even kill a criminal.
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Argument preceded gunfire, neighbor says
Lemes said he involuntarily shot twice when, running outside, he saw the man jump out from behind a brush pile. He purposely fired four more times as the crouching figure charged toward him, he said.
"Isn't it true your true objective was to punish that kid you thought was in your house?" Lunan asked.
Lemes responded: "I would love to have apprehended him and let the law do that."
The "charge" was argued by the prosecution as Glass had hands up and going forward lying on the ground to give up. There was forensic evidence of where he was shot.
Texas homeowner who killed teen cleared