Man Breaks Into Home And Calls 911 On Himself
Timothy James Chapek, a 24 year-man, called 911 after he broke into a home. Around 7 p.m. Chapek broke into the home and soon after the break-in, the homeowners returned home. Chapek then went into the bathroom, locked the door, and called 911. Once a 911 operator was on the phone, he told the operator that he had broke into the house and the owners came home. He was concerned because he thought they had guns.
The 911 operator then asks him his name, but he becomes quiet because he thought the homeowners could hear him. Shortly thereafter, the homeowner confronts him, but Chapek was taking a shower, at the time. The homeowner then called 911.
Interestingly, the State will have a difficult time proving that the man intended to steal anything. It appears, from the facts reported, that the man intended to take a shower, only. A requisite to be charged with
Burglary of a Habitation is that a person "breaks and enters" with the intent to commit a felony, theft, or an
assault. Under Texas law, Burglary of a Habitation can either be a first- or second-degree felony (depending on the intent of the person).