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East Texas attorney explains Castle Doctrine after Smith County homeowner reportedly shoots, kills home invasion suspect

This case is still under investigation but if the case is sent to the district attorney, it will most likely go to a grand jury.

TYLER, Texas — Editor's Note: As new information becomes available, we'll update this article. 

Officials are investigating an attempted home invasion that left one person dead in Smith County.

50-year-old Mark Anthony Correro was shot and killed in a neighborhood near Bullard. Correro was a lawyer out of the Houston area.

Correro was shot in the chest after police said he force his way into a home and threatened the people who live there. 

Officials said the homeowner who fired that fatal shot has not been charged. 

A local criminal defense lawyer Bobby Mims explained what could be next for the homeowner regarding this case.

"In Texas we have what's called a Castle Doctrine it's basically as part of the Penal Code as far as justification to use deadly force, no duty to retreat," Mims said.

Under the Castle Doctrine, the homeowner had the right to use a firearm if it's reasonable under the circumstance. 

"what's reasonable to a police officer might not be reasonable to a juror, our prosecutor. So, you know, it's, that's part of the fact finding, someone else makes those decisions," Mims said.

Law enforcement is still investigating but if the case is sent to the district attorney, Mims said it will most likely go to a grand jury.

Mims said this case is still under investigation. 

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