Police report the man’s vehicle was stolen from his Northside home on Wednesday, March 29. The victim was able to use an Apple AirTag and track down his truck to a shopping center on Southeast Military Drive. This was approximately 20 miles from where it was stolen.
Officials said the alleged thief was unaware that the inexpensive Apple device was being used to locate him.
On his way there, the theft victim reported his successful tracking to the police but arrived on the scene before law enforcement. It was about 4 p.m., according to SAPD spokesperson Nick Soliz, when the man attempted to confront the suspected thief over his truck.
The owner told authorities that the two men argued, and he believed the suspected thief drew a weapon. This, he said, started a “firefight.” San Antonio police have not released whether the suspected thief had a firearm but said the truck owner was the only person who fired a shot.
Soliz confirmed the suspect, now identified as 44-year-old Andrew John Herrera, was shot in the head and pronounced dead. Officials found several bullet casings and two vehicles with their windows shot out when they arrived.
The man who fired the shots remained at the scene until police arrived and cooperated with authorities. Soliz said he was taken into custody for questioning and confirmed that he is not expected to face charges, though the investigation is ongoing.
The spokesperson added, “I know it’s frustrating, but please do not take matters into your own hands. It’s never safe, as you can see in this incident.”
A spokesperson for Apple said that the company works with law enforcement so that its product may be used to locate AirTags for criminal purposes.
“AirTag was designed to help people locate their personal belongings, not to track people or another person’s property, and we condemn in the strongest possible terms any malicious use of our products.”
The spokesperson added that unwanted tracking is a longtime problem and a concern seriously considered when developing AirTag. They added that the company has a “first ever proactive system” to alert someone of unwanted tracking.
The facts of the case and its possible outcomes are admittedly fuzzier than most straightforward self-defense incidents. It is important to note that the truck owner’s actions are not generally advisable for retrieving stolen property, even something as valuable and personal as a truck.
Insurance exists for a reason, and losses are usually recoverable if the proper coverage is provided. And with the truck located, the police were on their way and could have presumably properly handled the situation.
Texas law established that a person may use force to stop “unlawful interference” with their property. This is a looser standard than is applied in most states and may come to the aid of the theft victim if local prosecutors decide to press charges.
Still, an armed confrontation with an allegedly armed car thief is not the best idea, particularly when it is away from home. No one would bat an eye if the incident occurred in a driveway or garage, as his actions would also fall into the category of defending himself along with his property.
But the police had been called, and there was no immediate threat to the theft victim. The stakes are very high when there is an armed confrontation, and any steps to avoid that scenario are probably wisely taken.
