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Texas shocked by murder of motorist who parked in man’s driveway


Controversial laws in Texas that may effectively allow homeowners to kill people who enter their property must be brought to light after the shocking case of a Moroccan man gunned down after pulling over in the driveway of a house in the area of San Antonio, perhaps because he was lost.

Related: Couple arrested for death of child found in Texas apartment with siblings

Adil Dghoughi, 31, was killed earlier this month by owner Terry Turner, who has been charged with murder.

Turner’s attorneys say they will defend their client under Texas law and the castle doctrine that allows homeowners to use lethal force against someone on their property if actions are deemed immediately necessary .

The laws of resistance thwart the idea that in case of danger, one must retreat or flee. On the contrary, a person can “hold on” and defend himself rightly.

Critics of the laws say they lead to unnecessary deaths and are often a cover for racism. The first unconditional law in the United States was enacted in Florida in 2005, with significant lobbying from the National Rifle Association (NRA). The law came under a national review following the 2012 shooting of Trayvon Martin, a black teenager who was killed by George Zimmerman, a neighborhood warden.

The details of the Texas murder shocked many.

Dghoughi, a Muslim who immigrated to the United States in 2013 and studied finance, had borrowed his girlfriend Sarah Todd’s Audi after a barbecue at Converse, a town just outside of San Antonio. On the way back, he pulled over and stopped in the Turner neighborhood in Martindale, a town about 90 kilometers northeast of San Antonio. Dghoughi’s family and girlfriend believe he may have been lost in an unknown town and was looking for his way.

According to the affidavit provided to a Texas branch of the Council on American Islamic Relations (CAIR), it was 3:30 a.m. when Turner got up to go to the bathroom and noticed a car parked in his driveway.

Turner, according to the documents, retrieved his gun and, when he got out, the car Dghoughi was driving had its headlights on and was reversing out of the driveway. Turner shot Dghoughi through the car window as he drove away, and the bullet hit his hand and head. Turner then called 911 and said, “I just killed a guy.”

Turner claimed that Dghoughi pointed a gun at him. No weapons were found.

Sandra Guerra Thompson, professor of law at the University of Houston, said: “The law will presume that the use of force was immediately necessary if the other person forcibly entered a dwelling or vehicle occupied by a person.

“It requires that you have proof that the person who was killed was committing some sort of crime. If there is no evidence of any form of criminality, [self] the defense simply does not apply.

Thompson added: “It is customary to drive in people’s aisles without it being considered trespassing… There are other reasonable steps an affected owner could take, such as calling the police.”

CAIR spokesperson Faizan Syed said: “We believe Adil’s death is outright murder. Terry Turner should have been arrested the same day he shot and killed Adil.

Syed added: “It is a shame for this country and for our legal system that it took almost 14 days, as well as appeals to the Department of Justice, Texas Rangers and other agencies, before the police department does its very minimal job to find, arrest and charge Terry Turner.

Dghoughi’s family and lawyer said he posed no threat to Turner. Dghoughi’s family are now organizing his funeral in Morocco.

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