[BobR]

DALLAS —

Jeffrey Carter Albrecht, a keyboard player for the band Edie Brickell & New Bohemians, was shot to death early Monday while trying to kick in the door of his girlfriend's neighbor, police said.

The neighbor, who was not immediately identified, was asleep in bed when he woke up around 4 a.m. to his wife screaming that someone was breaking into the house, according to a police report. The neighbor yelled through the door for Albrecht to leave and then fired his handgun through the door.

Albrecht was shot in the head and died at the scene, police said.

The neighbor believed a burglar was trying to break in and fired a shot through the door around 4 a.m., Dallas police spokesman Sgt. Gil Cerda said. The case is under investigation and no arrests have been made.

News reports cited police saying Albrecht beat up his girlfriend and then tried to kick down the neighbor's door in a drunken rage. The couple had no history of domestic violence, but the girlfriend had bruises on her face, police said. She did not suffer serious injury.

Albrecht apparently struck his girlfriend in the face several times and hit her in the back once she fell. She later managed to lock him out of the house, according to the reports.

"He was at his girlfriend's house last night," said Danny Balis, Albrecht's roommate. "He left the house and went next door and — for whatever reason, which we don't know — he knocked on the neighbor's door. And from what I understand, he was persistent. I don't know if there was a verbal exchange, but the person panicked and fired a shot through the door."

The death of Albrecht, who also played keyboard and guitar and sang in the Dallas rock band Sorta with Balis, stunned friends and those who knew him in the North Texas music community.

"He is not a violent person," said Carrie Garcia, Sorta's manager. "He is cool as a cucumber, shy, always wanted to make a joke in a situation that may be a little tense."

Albrecht, who went by his middle name, had been with the New Bohemians since 1999, according to the band's Web site. Albrecht played several times with Brickell's husband, Paul Simon, Garcia said. He also played with Texas musician Charlie Sexton, a renowned guitarist.

Albrecht was working on a solo album that Balis called "the best thing he has ever done."

"He was the best musician I've ever played with — no question," Balis said. "He could play anything. It's a shame not enough people outside of Dallas heard him."

A little bit of difference in the two accounts...see the bold.

Then there is the Texas Penal Code and the use of deadly force. The bold is mine.

§ 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person
is justified in using deadly force against another:
(1) if he would be justified in using force against the
other under Section 9.31;
(2) if a reasonable person in the actor's situation
would not have retreated; and
(3) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to protect himself against the other's use or
attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of
aggravated kidnapping, murder, sexual assault, aggravated sexual
assault, robbery, or aggravated robbery.
(b) The requirement imposed by Subsection (a)(2) does not
apply to an actor who uses force against a person who is at the time
of the use of force committing an offense of unlawful entry in the
habitation of the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1983, 68th Leg., p. 5316, ch. 977, § 5, eff.
Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994; Acts 1995, 74th Leg., ch. 235, § 1, eff. Sept. 1, 1995.

Shooting through a door is never a good idea, but this was in Texas, and their laws for use of deadly force (especially at night) are a little more liberal than most states.

I guess it depends on the DA and the shooters lawyer as to what happens now.

bob