Bryce Dejean-Jones of the New Orleans Pelicans’ NBA team was shot and killed after an early morning break-in on Saturday, May 28, at a Dallas apartment he believed to be his girlfriend’s, when he startled a man he didn’t know, the Dallas Morning News reports. Under Texas self-defense laws the shooter likely won’t face any charges.
Dejean-Jones, a 23-year-old 6′ 6″ guard for the Pelicans, reportedly kicked open the front door of the unit in the Dallas apartment building, awakening a man who grabbed a handgun,“called out”, then fired when he got no answer and Dejean-Jones kicked the door to a bedroom. Dejean-Jones died later at a local hospital.
Although Dejean-Jones was not armed, the shooter would be justified, and likely won’t face any charges, this should not be considered a “stand your ground” case.
Texas self-defense laws provide immunity from liability for a personal injury or death resulting from the use of deadly force to a defendant who is found to be justified.
Just like virtually every other state, Texas uses Castle Doctrine as a basis, defined such that a person is allowed to use deadly force to defend himself inside his home, if “immediately necessary”. The person using deadly force must know or have reason to believe that the person against whom the force or deadly force was used unlawfully and with force entered, or attempted to enter the person’s home.
The stand your ground portion of the law allows deadly use of force with no duty to retreat outside the home, such as in a vehicle, or place of business or employment; or anywhere a person has a legal right to be.
In either case, the person using deadly force cannot be committing or attempting to commit certain serious crimes; cannot have provoked the person against whom the force or deadly force is used; and cannot be engaged in criminal activity. Texas law does not state that the person must feel threatened or in fear for their life.
DeJean-Jones attended the University of Southern California and the University of Nevada, Las Vegas, then transferred to Iowa State. He joined the Pelicans as a free-agent rookie last year for his only NBA season (which ended early because of a broken right wrist), starting 11 of 14 games and averaging 5.6 points with 3.4 rebounds. He had recently signed a three-year, $2 million deal with the team. Read the full story at Dallas Morning News.