RockinU wrote:I really hope that it comes out that the LTC holder had a legit reason to fear for his, or other's safety. Irresponsible decisions are something the other side would love to be able to lob at us...and absent an obvious and legitimate threat, this can be nothing but a bad choice.
RE: "
a legit reason to fear for his, or other's safety". That is not the legal standard for defense of property.
The person was clearly was justified in using force, per
TPC Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. However, simple shoplifting during daylight hours would not, in my opinion justify
deadly force.
But if the perpetrators pushed or touched anyone during the incident, or targeted any person in the parking lot while fleeing in the car, or even said "Get out of my way" (with the implicit "
or else"), then a theft can become robbery pretty darn quickly. Deadly force
is authorized if the actor believes the person is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property and it cannot be protected or recovered by any other means in TPC Sec. 9.42.