TexasCHLforum.com

Ok, please excuse my ignorance if I am wrong. I am still fully learning all the stipulations of the laws and their interpretations. But in regard to the question I started looking through my trusty CHL booklet and found this.

Page 60 Section 9.42 subsection 2A

Deadly force to protect property

“to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;”

Being that this took place during the night time wouldn’t this scenario be covered by this section? Even if it was not technically theft, wouldn’t criminal mischief still technically include trespassing? Once again excuse me if I am wrong, but wouldn’t he have technically been justified had he have actually shot the trespasser?

And on a side note I do know that given the situation of the trespasser running after confronted that may present an issue on whether or not deadly force was justified. But had it of gone any other way and the trespasser did not immediately run wouldn't it be different?