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TAMU-CC criminal justice professor breaks down legality of firearm usage

TAMU-CC Associate Professor of Criminal Justice Wendi Pollock said that stand your ground and castle doctrine are the same in Texas.

CORPUS CHRISTI, Texas — A criminal justice professor with Texas A&M University-Corpus Christi was able to provide some clarification on what the law says about using your gun defensively. 

This after a series of four shootings that took place across our nation -- in less than a week. 

A 6-year-old girl and her father are recovering after they were reportedly shot by a neighbor -- because a basketball rolled into the yard. 

That follows the shooting of teenager Ralph Yarl, who mistakenly went to the wrong home to pick up his brothers in Kansas City, Missouri.

In New York, a 20-year-old was killed for turning into the wrong driveway.

Closer to home, in a parking lot just outside of Austin, three members of a cheer team were heading home from practice when one tried to get into a car she thought belonged to her. 

When she saw a man inside, she quickly went back to her friend's car. That man however, walked over to their car and allegedly started shooting. One of the cheerleaders ended up with serious injuries. The suspect in that case is now in custody.

TAMU-CC Associate Professor of Criminal Justice Wendi Pollock said that she had to make some changes in her daily routine as a result of the recent shootings across the U.S. 

"I live on a cul-de-sac. And now I have make 27 point turns to avoid pulling into people's driveways, even people that know my car," she said.

Pollock told 3NEWS that stand your ground and castle doctrine are the same in Texas if you're in a place legally -- like your home. 

"If you are not committing a crime at the time of the offense, if you are not egging the person on or antagonizing this person to do something in particular, then if a person comes in to your house with force or threat of force, well, just with force, and illegally, then you're not required to retreat before you use force or deadly force against this individual," she said. 

Some states require residents to look for an exit or find a way out before using deadly force -- but that isn't always the case in Texas. Property law is where Pollock said things can become tricky. 

"There's a lot of gray area, so if somebody's trying to take your property, there is a distinction in the law between the ability to use force and deadly force. So you might be able to restrain someone in some cases, but not shoot them," she said. 

San Patricio County Sheriff Oscar Rivera said that even under intense circumstances, using a firearm can have irreversible consequences.  

"Be very careful when you decide to pull that trigger. Because that's a one-time decision, that takes seconds to do that, but it'll take a lifetime to recover from that," he said. 

Rivera said law enforcement is held to same standard as civilians when it comes to firing a weapon.

"Even though you may think you were in your right mind, your right settings, to shoot your weapon against someone. Ultimately, the district attorney's office is gonna make the decision whether or not it was justified, through a grand jury and through a trial," he said. 

In Texas law, creating reasonable belief, means that you are at risk of being harmed, but words alone don't create that belief. 

"If you are really at risk, and you know that it's reasonable to believe you're at risk because somebody's breaking into your home or something like that, then you should feel reasonably safe. That's what the law was written for," she said.

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