Doug.38PR wrote:Doug.38PR wrote:
Quote:
No, deadly force in response to a theft is retricted to the nighttime. DF to stop a BURGLARY is not so restricted.
Exactly. So Doesn't that alone give the DA legal grounds to go after him?
txinvestigator wrote:
Uhh, I am pretty sure he was stopping a burglary, no?
Well....
§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(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; and
Doug, you're parsing that wrong. Here's how 2.A and 2.B read:
A)...commission of:
- arson;
- burglary; or,
- criminal mischief
during the nighttime; or
B)...prevent...immediately after committing:
- burglary;
- robbery;
- aggravated robbery; or,
- theft
during the nighttime ;
from escaping with the property
"During the nighttime" only applies to theft and criminal mischief, not to arson, burglary, robbery, or aggravated robbery.
