Harris County grand jury declines to indict Dushawn Caples in March 9 death of suspected car thief on Golden Eagle Drive

HOUSTON, Texas (KTRK) — A Harris County filing from last month shows a grand jury declined to indict a man in the death of a suspected car thief.

On March 9, Dushawn Caples was at home when he allegedly heard someone steal his vehicle. That's when he allegedly grabbed his gun, got into his wife's car and followed the driver.

The driver and a passenger refused to stop and that's when authorities say Caples shot at his stolen car.

Then, around 4 a.m., police responded to an accident on Golden Eagle Drive. A 17-year-old, later identified as Danell Cotton, died from gunshot wounds, and another man was seen running out of the car with a backpack, according to investigators.

ORIGINAL REPORT: HCSO Deputies Find Man Shot, Killed in Car Crash After Alleged Road Rage Incident in NE Harris Co.

At first, deputies thought it may have been a possible case of road rage. Caples' wife called 911 to report the vehicle stolen and deputies pieced together what happened, according to the Harris County Sheriff's Office.

Caples was charged with murder and booked into the Harris County Jail. The case was taken to a grand jury, with his attorney arguing that Caples acted in self-defense.

Sandra Guerra Thompson, a professor at the University of Houston Law Center, spoke with ABC13 in March, explaining what a person's rights are when it comes to protecting property.

“This is the only state in the country that allows the use of deadly force to protect property,” Thompson said.

In this case, Thompson says there are other facts that likely contributed to the charge. Deputies told ABC13 that Caples destroyed the evidence and did not call 911 about the shooting.

READ MORE: Man accused of chasing, shooting suspected car thief in northeast Harris Co., deputies say

Although Thompson said the right to protect one's property is not a license to kill, she admitted the law comes close. Texans are protected by law if a person reasonably believes there is no other way to get their property back.

“In the case of a stolen vehicle, it may have been judged that there were other things that could be done to recover that vehicle,” Thompson said.

ABC13 has previously reported on similar cases. In February, authorities said a man was shot and killed after stealing a barbecue grill.

The barbecue owner allegedly got in his car and followed the suspect after the robbery. However, he was not immediately charged and the case was also referred to a grand jury.

READ MORE: Man Shot By Owner After Confrontation Over Alleged Stolen Grill In Northeast Harris Co.: HCSO

The filing does not provide further details about Caples' case, and his attorney did not provide a statement on the grand jury's decision.