After reading the everyone's well thought out responses thus far, I hope am going to make insightful comments, both directly and indirectly.
I was told, when I was interested Judo and BJJ, based on my concerns that choke holds will not kill, and no one has ever died or seriously injured from being choked out. This idea was pretty prevalent to be true among people in both arts, including those who watch pro wrestling. I found it very difficult surfing the web to find a case where that chokes clearly caused death. With that in mind, it is a good assumption the victim was told the same thing as I, in some way or another. It is not unreasonable to believing he use a choke hold as a means of a safe way to restrain someone, to "put them to sleep." I think that would be strong stance in his defense. Also, it has to be proven that the choke hold was the actual cause of death. The suspected burglar could have died from something else, not directly related to the choke. Such as, a brain later hemorrhage, or due to a previous health condition or injury. Doctors and the law are very picky about stuff like that, such as what is the exact cause are of illness or death. The idea chokes are a way of restraining and controlling someone without the result of death is very, very common.
It is my understanding the suspect did not die immediately at the scene. That the victim's choke hold didn't kill the suspect immediately; break his neck collapse the trachea etc. Now the suspect's trachea my have been damaged, but not to the point of death. Otherwise death would have been instantaneously. If the trachea collapsed the suspect would have died at the scene. I will than assume it was a choke that cut off the blood supply to the brain. Which I was told in theory that it takes sometime time holding that choke to kill someone on the spot. Most people I have witnessed in the dojo and once in the street, as well as myself, applying a blood choke instinctively release the hold from the person upon collapsing and is passed out.
Btw, I was told by an ENT, who is a martial artist, that it takes a mere seven pounds of direct force. i.e. a punch upon the trachea to collapse it resulting in death. Am not sure if any submission/choke hold techniques like a rear naked choke/sleeper hold applies that much force as you are instead compressing the trachea. There is no force coming down on the trachea to collapse it.
Is suspicion of stealing someone's property an automatic death sentence? I too live in Texas, and stealing is a death sentence, such as in the Horn case. So too is aggressively approaching someone where the other person feels threatened. There are many examples of this through out Texas, especially with road rage, and bar fights. 99.9% of the time a gun is involved. Most people here understand you just do go off on someone where they feel threatened, burglarizing property or robbing someone there is a high risk of being justifiably shot to death. Putting a choke hold on someone, is far less lethal than shooting someone for suspension of burglary. It is my understanding the suspect ran away empty handed. And the victim chased him to stop him from getting away. In most states, generally, a person has to use the same force legally in terms of self defense. You can't shoot someone for slapping you. You can only slap them back in consideration there is a threat. But, the suspect was running away and wasn't a threat. That is the rub for many people, because it seems so irrational, uncivil, and immoral for someone to die who is suspected of burglary who was running away to end up dead by the alleged victim.
And it disturbs people and is irrational that the idea they could be killed on suspicion of theft. Let's say you walk by a car in a parking lot going to your car and the alarm goes off, the owner also walking to his car thinks you've attempted to brake in to his car do to your proximity and reacts thereby strangling you, or shoots you. All without a trial. You are instantly assumed guilty and sentenced to death.
Bottom line for me is choke holds are dangerous, though you never see the danger in it on the UFC or other venues like that. Or in professional wrestling where chokes are a staple. Never in the dojo, where chokes put on someone are monitored in is a safe and control environment. All of which points to choke holds are a safe way and effective way to restrain someone. As this case proves that all is a myth. If the facts where presented that choke holds are dangerous, maybe the victim wouldn't be in the situation he is in now.
