Grand jury indicts
Kingsland shooter

KINGSLAND, Texas (KXAN) - A Hill Country man was indicted for criminally negligent homicide Wednesday for shooting a suspected burglar at his neighbor's house. Tom Oakes, 64, fired at least five shots with his .45-caliber pistol toward a car full of men on River Oaks Drive in Kingsland July 30. The group was leaving the home two doors down.

One of the bullets struck Casey Rowe, 25, in the back of the neck. Rowe died at a rehab facility in Lubbock two months later. Oakes was charged with aggravated assault with a deadly weapon. Wednesday morning, a Llano County grand jury met for the second time, to look over ballistics and Rowe's autopsy report. The evidence was not available at their first meeting Oct. 15.

"With the facts and the circumstances I was not surprised with their decision," said Llano County District Attorney Sam Oatman. "I would have been somewhat concerned if they had not held [Oakes] accountable for some act."

Oatman said the case is sure to test Texas law that pertains to protecting a neighbor's property. The first factor Oatman will consider when building his case is if Oakes had permission from his neighbor to protect his property.

Since the day of the shooting, Oakes has said he feared for his life when he fired his gun. He told the dispatcher when he called 911 that he thought the suspected burglars were reaching for a gun in the floor board of the car.

"The law in Texas is clear," said Oakes' attorney Jim Wheat. "If they go to burglarize a house then they give up their right of complaint if they get shot at."

Wheat said he will build his case by comparing his client's clean record to the suspected burglars' criminal backgrounds. They consist of theft and drug convictions. However, Oatman said the case is not about the men in the car. It is only about Oakes' decision to pull the trigger.