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srothstein wrote:

C-dub wrote:

srothstein wrote:

heliguy972 wrote:Under TX CHL statues, he could have shot her while she was in his truck, and walked away clear...

I don't think so. It occurred at 10:30 a.m., and was just a theft. Your only justification woul dhave been that she was in possession of property and it could not reasonable be recovered any other way. Since she took off running when she saw the gun, the "recovery" occurred without deadly force, so it was not justified that way.

I'm a bit confused about this statement. Are you saying that if he had shot while she was running away from his truck he was not justified? I understand and agree with this. Or, are you saying that he was not justified in shooting when they were coming at him in their own truck because his truck was not in jeopardy any longer?

Sorry for the confusion. i was pointing out that since the incident was daytime, shooting a theif in general is not justified. Since the woman took of running, shooting to recover property is not justifiable.

When the truck is coming at him, then it is shooting to protect his life and is justified. This is where it went from defense of property to defense of person. As an aside, i still think shooting a moving vehicle is poor tactics. Dodging the truck is a better option. The truck cannot swerve as fast as the person on foot, and if you hit the driver, you have a 3000 lb uncontrolled missile (like the burglary suspect in San Antonio who got in the car after being shot, died nearly wiping out a house).

srothstein wrote:

heliguy972 wrote:Under TX CHL statues, he could have shot her while she was in his truck, and walked away clear...

I don't think so. It occurred at 10:30 a.m., and was just a theft. Your only justification woul dhave been that she was in possession of property and it could not reasonable be recovered any other way. Since she took off running when she saw the gun, the "recovery" occurred without deadly force, so it was not justified that way.