Sep 30, 2013 6:17 PM
CORPUS CHRISTI - A store owner facing a murder charge for shooting a man taking beer from his shop Saturday night remains in the Nueces County Jail. Rodney Duve's bond is set at $35,000.
Police say he shot the suspected thief as he tried to get out of Duve's Quick Stop. The Medical Examiner has not released the dead man's name because they still need to notify his next of kin. We're told he's a 39-year-old known gang member.
Investigators are not releasing more information on what lead up to the shooting.
The shooting has many asking whether Duve was legally allowed to open fire on someone he thought was stealing from his business.
Here's District Attorney Mark Skurka's response: "Generally speaking you can use deadly force in self-defense of yourself or another person, if someone is using force against you." "The law changes a little bit when we talk about deadly force, in defense of property. You can use deadly force in defense of property in certain conditions. First off, it's got to be reasonable. It's got to be immediately necessary. Generally, other people have to be using force against you. Or it has to be while you're in the course of someone committing robbery, aggravated robbery, burglary, rape, kidnapping, things like that. There's a laundry list of things that you can use it from."
Skurka said it's hard to tell what was justified in this case without seeing all the evidence. Either way, it will be up to a grand jury to decide of Duve should stand trial.
In the meantime, Mr. Duve's children are asking for donations to help pay for his legal fees. They've set up an account on gofundme.com.
They've left a message on the site saying they are deeply saddened by what has occurred and appreciate any help the public can provide.