Unlucky Thugs Target Texas Man With Heightened Sense of Awareness?and a Concealed Carry Permit | TheBlaze.com OK, this guy is returning a DVD to Redbox and gets car jacked. Thrown from his car and pushed down. He fires his CCW, kills one and wounded the other who ran away. The article says "A grand jury will “consider whether deadly force was necessary to avoid his own death or harm,” KTRK-TV notes. However, the station’s legal analyst says it appears to be a clear-cut case of justifiable homicide.: If this happens after dark, fear of death or serious bodily harm isn't the only justification for deadly force. Section 9.42 mentions "theft during the night time" or does 9.42 only cover you when you are on your own property? why would the story lead us to believe that the GJ will only consider the fear of death or serious bodily harm?