Man killed by driver wasn't stealing tow truck, victim's dad says

The father of a man shot and killed by a tow truck driver says no matter what the tow driver say, he doesn't think his son was trying to steal the truck.

Lance Lemons died at an Oak Cliff apartment complex the morning of Feb. 5, when the tow truck driver spotted him behind the wheel of his rig and started shooting.

"It's been like a quiet storm," said Lance's father, Lee Lemons. "I don't let too many things rattle me, but inside it's been a storm raging."

The tow truck driver was not at his parked, idling truck at the time, Lee believes that the driver may have been parked in a way that prevented Lance from backing out of a parking spot.

"He's ready to go; no one there," said Lee. "He gets in to move the tow truck and as he's moving the tow truck, this guy runs up on him and fires through the windshield."

"But then the other side of the coin is, well, what did the tow truck driver believe?" said former prosecutor Toby Shook. "And is it a reasonable belief…was there a conversation, an argument between the two? Did he ask them to stop?"

Shook says that's important to know because of self-defense laws in Texas.

"In Texas, you can protect not only your life, but your property at nighttime," said Shook.

That protection can be deadly force if it meets what's called the reasonable person standard.

"Was it a reasonable belief that deadly force was immediately necessary to recover their property?" said Shook.

Lee now wears his son's championship ring from his football days at the University of Arkansas Pine Bluff.

While he has a lot of questions about what happened to Lance, who worked as juvenile detention officer, he also has a faith he and his family are leaning on right now.

"Knowing, you know, that you have a hope, you have Jesus, it makes a difference, big difference," said Lee.  

Police have said that the tow truck driver, whose name still has not been released, may have a defense to prosecution based on his statements to police and evidence, but they've not disclosed any of that to FOX 4.


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