I am an instructor. While I would never advise to shoot over property, especially over some beer, I believe in Texas, it would eventually be found a legal shoot.RoyGBiv wrote: ↑Thu Jul 19, 2018 3:20 pm Theft in the nighttime?(Texas law question)
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
(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.
It was theft, during the night time. He is attempting to keep said person from escaping with the property, and I believe that the risk of being hurt or killed by stopping the guy, who is in a 4,000 lb vehicle, presents the risk of serious body injury or death.
Any other instructors or legal experts want to chime in on the legality of this shoot in Texas? I have been debating folks on the KHOU houston facebook post for this video for a while today.
And does anyone understand what "the... property cannot be...recovered by any other means" actually means? The fact that it says "or" is usually why I can justify the legality of shooting over property is legal (but definitely not a good idea).