Keith B wrote:
I do see this incident and the NY one a little differently. In this case the guy was not in danger of his life, he was just trying to stop the guy from taking something he had been trying to get rid of anyway (sell it.) The shooter in this case was not in fear for his life or of serious bodily injury.
In the NY incident, the LEO's were shooting at a perceived threat and were in fear for their life or serious bodily injury. They fired, but missed and hit bystanders. The guy who was the threat was charged with their injury. Had the guy been running away and they just started flinging lead at him, then the tables may have turned on the officers.
I agree they are different, but aren't both "causes" - fear of bodily injury and stopping robbery justified causes for the use of deadly force in Texas?
As I read the law, during the day, deadly force can be used to prevent robbery. I'm not sure if fleeing with the phone is preventing the robbery or post-robbery.
Just to be clear, I'm not OK with the choice to shoot at Walmart over a phone, but I'd like to discuss it anyway.