No charges expected in home break-in

SAN MARCOS, Texas (KXAN) - The San Marcos Police Department does not expect to file charges against a homeowner who shot and killed two teens who were attempting to rob his home overnight. A third teen was shot during the robbery and a fourth, now identified as Frank Castro, 17, is being held in jail on charges of aggravated robbery.

Investigators said the four teens, all from Luling, entered the San Marcos home shortly before 2 a.m. Friday on Chestnut Street just north of Texas State University. The home was occupied by three people, one of whom was a student at Texas State University.

San Marcos Police Chief Howard Williams said the break-in caused a commotion in the living room, awakening one of the residents in his bedroom. The resident told police he fired at the suspects after one of them pointed a weapon at him.

"I knew it was loud," said neighbor Jason Locascio. "It made me come stop what I was doing and come outside and look around. It was kind of crazy."

The Luling teens, according to police, had one handgun and two "very realistic-looking" pellet guns. The resident hit three of the four suspects, and the fourth escaped. Police later arrested the 17-year-old nearby, who officials said was not injured in the incident.

Officials pronounced a 16-year-old dead on the scene when authorities arrived, and a second 16-year-old died at Central Texas Medical Center.

The third teen, also 16 years old, is undergoing surgery at University Medical Center Brackenridge in Austin. San Marcos police said they would interview him when he was in stable condition.

Castro, 17, was charged with aggravated robbery, a first-degree felony. His bail was set at $50,000.

This shooting brought up questions regarding the Castle Doctrine - which gives a person the legal right to use deadly force to defend their residence - and its application to the incident. Still, the San Marcos police chief said investigators still needed all the pieces to the puzzle before coming to a definite conclusion.

"These are just the facts that we're trying to put together, and right now, we just don't know them all," said Williams.

However, the chief said the one thing they do know is that the incident is being considered a robbery.

"If you use force to attempt to steal something, that's robbery," said Williams. "That does make this a robbery."

Of the four teenagers involved, at least two attended school in the Luling Independent School District.

"It doesn't appear to be a pretty picture of what happened," said Luling ISD Superintendent David Davis. "My concern is for the families and for the student body here."

Davis said outside grief counselors will be on hand at the school Friday.

Meanwhile, other residents in the home were not injured. Investigators said the residents of the rental property are between 18- and 23 years old, and one attends Texas State University.

The San Marcos police chief said the department will work to keep students and others in the area from becoming victims of home invasions.

"We will be working with the university to get the messages out to the students about perhaps better ways to secure their home and property," said Williams.

Still, some neighbors said this type of activity is something uncommon to the neighborhood.

"I've lived at this house for two years now, and I've never had anything liike this happen," said neighbor Hillary Stogsdill.

Police said they will not release the names of the three teens who were 16 years old because they are considered juveniles. However, the 17-year-old's name is set to be released once he has been booked.

Luling is about 20 miles southeast of San Marcos.