Local guy protecting his property

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  • rotor

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    I am surprised the good guy was not charged for use of deadly force. A truck is replaceable. On the other hand I wish his aim was better.
     

    rotor

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    Where is the charge "Use of Deadly Force" found in the books?[/Q
    Where is the charge "Use of Deadly Force" found in the books?
    Texas penal code 9.42. I do not believe that use of deadly force meets the criteria of this code. What charges a DA might pursue I don't know but if you have a LTC and don't know when it is legal to shoot you may be looking at a legal challenge. Had he actually hit the bad guy the homeowner might have been in significant trouble. I would leave the rest to those with more legal knowledge than I have.
     

    sidebite252

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    Correct me if I’m wrong but it’s my understanding (in Texas) you are within your rights to protect yourself, family, & property. I may have been misinformed but a retired LEO explained to us if someone is stealing your television and is running from your house with that television you are within your rights to shoot him to stop the theft within reason. He said if you shot him from your yard as he’s running away with your property you’re probably all good but if you shot him 3 blocks away that might not work out so well for ya. He did express he didn’t think he personally would do that but it’s within the law in the state of Texas. He went on to explain several things to think about with regard to our responsibilities & liabilities when a firearm is used protecting your property. Don’t flame me, this is what I was told.

    I’m sure not versed well enough to critique this guy on what he did right or wrong. I’m sure the mind is racing. I’d bet the thief thinks twice before breaking into the next vehicle.
     

    rotor

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    Regarding theft of property "at night", in Texas, it is legal to shoot at someone running away with your property.


    I'm not saying that it's the right thing to do, though....
    Only if 3 below is met is it legal. I don't think that 3A would be a defense to prosecution. It's a truck. Homeowner probably has insurance. I don't like that the bad guy can get away free on this as I would be very tempted to shoot too but I don't need a big legal fight. I am glad that they didn't arrest him.

    3) he reasonably believes that:

    (A) the land or property cannot be protected or recovered by any other means;  or

    (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
     

    mongoose

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    Only if 3 below is met is it legal. I don't think that 3A would be a defense to prosecution. It's a truck. Homeowner probably has insurance. I don't like that the bad guy can get away free on this as I would be very tempted to shoot too but I don't need a big legal fight. I am glad that they didn't arrest him.

    3) he reasonably believes that:

    (A) the land or property cannot be protected or recovered by any other means;  or

    (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
    While I would have not have shot, I don’t think be made whole by your insurance company is the same as protect and recover.
     

    oldag

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    Only if 3 below is met is it legal. I don't think that 3A would be a defense to prosecution. It's a truck. Homeowner probably has insurance. I don't like that the bad guy can get away free on this as I would be very tempted to shoot too but I don't need a big legal fight. I am glad that they didn't arrest him.

    3) he reasonably believes that:

    (A) the land or property cannot be protected or recovered by any other means;  or

    (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
    B will always apply.
     

    ZX9RCAM

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    Only if 3 below is met is it legal. I don't think that 3A would be a defense to prosecution. It's a truck. Homeowner probably has insurance. I don't like that the bad guy can get away free on this as I would be very tempted to shoot too but I don't need a big legal fight. I am glad that they didn't arrest him.

    3) he reasonably believes that:

    (A) the land or property cannot be protected or recovered by any other means;  or

    (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

    He didn't take the truck.
    However, he did take his wallet, and $200 cash.

    ETA: As I stated, I didn't think it was smart.
     

    rotor

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    I think these laws are confusing, theft at night for example, you might have to look up when "night" exists (30 minutes after sunset and 30 minutes before sunrise). Someone steals my truck and it may not be recoverable by any other means. The problem is that these issues can end up with a jury deciding them as nothing is straight forward. I am still surprised that the homeowner in this case did not face any legal action. Just depends on local DA or police. I personally would have no regrets if he would have killed the bad guy but that's me.
     

    oldag

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    I think these laws are confusing, theft at night for example, you might have to look up when "night" exists (30 minutes after sunset and 30 minutes before sunrise). Someone steals my truck and it may not be recoverable by any other means. The problem is that these issues can end up with a jury deciding them as nothing is straight forward. I am still surprised that the homeowner in this case did not face any legal action. Just depends on local DA or police. I personally would have no regrets if he would have killed the bad guy but that's me.
    And exactly why would he face legal action?
     

    FireInTheWire

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    He didn't take the truck.
    However, he did take his wallet, and $200 cash.

    ETA: As I stated, I didn't think it was smart.
    Wallet should have been inside the home. This is the second time he's been broken into, first time they stole his gun. Gun should have been in the home.

    1. He reasonably believes using the force is immediately necessary to prevent arson, burglary, or robbery; and
    2. He reasonably believes that the land or property cannot be protected or recovered by any other means.
    Doesn't that AND carry a lot of weight in the above statement?
     
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