Deadly Force here?

[Bithabus]

These other guy's on here are very professional about the use of force laws. One thing I can honestly say is if the crime happened during the day, you cant shoot them after the flee the scene. Yes you could have shot them dure the attack but not while they were hauling ass.
If this happened at night, you could have shot the SOB as he took off down the road on the bike. At night you have the right to " recover" your property if you feel like you wont get it back.

This is wrong. The property in the example was removed by robbery, not theft, and you may use deadly force to recover property that been taken during the day by robbery if the criteria in 9.42 are met.

In other words, the "during the nighttime" qualifier only applies to theft in this sentence:

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;

 

[txinvestigator]

3B would apply.

My hesitation would be that reasonableness is not presumed when defending property, and an ordinary and prudent person might disagree with my views on the subject.

One correction; 3B "MIGHT" apply. That is why I don't take that chance.

 

[Bithabus]

One correction; 3B "MIGHT" apply. That is why I don't take that chance.

No prudent person will believe it is perfectly safe to attempt to recover property from armed robbers without employing deadly force yourself.

I agree this is probably not worth taking the chance, but for a slightly different reason.

 

[Driller]

You have to consider that the whole thing was setup also. The guy did not call the police for 30 minutes. Maybe he wanted the insurance money and the criminals were in on it.

 

[Texas1911]

You have to consider that the whole thing was setup also. The guy did not call the police for 30 minutes. Maybe he wanted the insurance money and the criminals were in on it.

Possible, but equally possible that he just didn't have a phone at the time.