As I understand Texas law, a judge or jury would likely find that use of force was justifiable in this instance. I am not a lawyer. Here is what one lawyer has to say about the use of force in Texas:MJR wrote:In the above story what could be done if you were to carry?
Not sure if pulling a weapon is or is not justified?
I am betting it is not.
Need help on this by someone who understands much better than I.
https://www.uslawshield.com/portal/texas-gun-law/
"A person may use force against another to the degree the person believes that it is reasonably necessary to protect themselves or a third person from another’s unlawful use of force."
This is what Texas says: http://www.statutes.legis.state.tx.us/S ... m/PE.9.htm
My main take away from this story is not whether or not force in the form of a handgun was or was not justified. Rather, it is that, according to the news report, the OP did not guess he was going to be attacked as he was taking a Sunday morning walk with his daughter.
I don't know what the OP was thinking as I cannot read minds (just ask my ex-wives). I do know that I am a bad guesser. That is why the OP and I always carry: we are bad guessers. I cannot guess when the threat will present. I can be prepared, as the OP was prepared, to respond with violent force. However, the fact that I carry a handgun does not mean that I must respond with a handgun. In this case, although he was prepared to respond with force, the OP did not.
In my opinion, the teaching point here is that the violent threat will present and we must be prepared to respond. I cannot guess when the appropriate response will be deadly force. So I always carry.