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.
Where is the charge "Use of Deadly Force" found in the books?[/Q
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.Where is the charge "Use of Deadly Force" found in the books?
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.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....
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.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.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.
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.
And exactly why would he face legal action?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.
Because he was not legal in using lethal force. Texas 22.05And exactly why would he face legal action?
Read the rest of the code.Because he was not legal in using lethal force. Texas 22.05
Forgive me if I don't get it but what part of 22.05 do I need to read? Explain what's on your mind. I don't pretend to be a legal scholar.Read the rest of the code.
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.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.
Just getting around to post #24And why are you asking me?
Just getting around to post #24