Kingsland shooter up against new charge

KINGSLAND, Texas (KXAN) - A Hill Country man who shot and killed a suspected burglar at his neighbor's house was indicted on a new charge this week. A Llano County grand jury has added a deadly conduct charge against Tom Oakes, 64, who was indicted in February for criminally negligent homicide.

Sam Oatman, the district attorney set the record straight in this controversial case warrant two separate charges. The criminally negligent homicide indictment concerns the death of Casey Row while the new deadly conduct indictment covers Oakes' decision to fire his gun.

Back on July 30, 2008, investigators said Oakes stepped out of his home on River Oakes Drive in Kingsland and confronted a car full of three men who he thought were stealing items from his neighbors home. Investigators said Oakes fired several shots toward their car as they were pulling away. One of the the bullets struck Casey Rowe, 25, and he later died at a rehab facility. The additional charge does not change anything for Oakes as he still said he fired out of fear for his life.

Tommy just said look, until those guys are out of sight, they're still a danger," said Jim Wheat, Oakes defense attorney. "They were a danger before hand, they were a danger during the time they were driving, and until they got away from him."

The DA said the two charges will be tried separately, and it will be up to a judge to decide which one will be presented first.

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