Man who kicked in door is fatally shot By DAN X. McGRAW STAR-TELEGRAM STAFF WRITER A 22-year-old Fort Worth man died early Saturday in Tyler after he kicked in a door and was shot multiple times by the homeowner, police said. Justin A. Herrera, 22, a University of Texas at Tyler student, died at the East Texas Medical Center from gunshot wounds to the chest, Tyler police said. Robert Delk, 63, told police that he and his wife were awakened about 4:30 a.m. by banging on their door, said Don Martin, a Tyler police spokesman. As a precaution, Delk grabbed his .44-caliber Magnum, and as Delk approached the door, Herrera kicked it in. "He was shot more than once as he came into the house," Martin said. He said he did not know how far into the house Herrera had gotten. After being shot, Herrera left the house and collapsed in the driveway, Martin said. Herrera, who public records show is from southeast Fort Worth, had no connections with Delk, who owns a photography company in Tyler. Police are still attempting to determine why Herrera kicked in the door. "We don't know if he was mistaken about whose house he was at or what," Martin said. "The circumstances are still unclear." Police are trying to determine why Herrera was in the neighborhood and why he was wearing only jeans, Martin said. "That's the one clue that is strange," Martin said. "It's not the type of clothing that you would be wandering around in on a cold night." According to public records, Herrera has been involved in criminal activity before and has served time in prison. His most recent sentence was three months on a criminal mischief charge. He had also been in prison for aggravated assault with a deadly weapon, burglary of a vehicle and two misdemeanor charges of driving while intoxicated. Police have not located a vehicle at the scene that has ties to Herrera, and they do not know how Herrera got to Delk's house, which is more than three miles from Herrera's apartment, Martin said. Investigators will present the case to a grand jury, but Martin said it was too early to tell whether charges would be brought against Delk. "This isn't something we normally see," Martin said. Damn took a couple rounds of .44 and still made it out to the drive way, cocaines a helluva drug.