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Jumping Frog wrote:I remember my CHL Instructor saying (half tongue-in-cheek, half serious) that Texas Law Enforcement will often use the "does he need arrestin'" litmus test. If the perpetrator needs arrestin', then bring him in and let the DA sort it out.

The person who got shot apparently was exerting force on the door of the car. Whether that was to push the other guy into the vehicle or whether it was push him out of the way and take control of the door prior to entry would be a matter of interpretation I would expect. I'll tell you, if I am trying to open my car door and someone else grabs my door, I would believe that they were taking control of my door to be able to enter my car.

Anyway, TPC 9.32 says in part:

(b) The actor's belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment;

So Bettan gets mad, throws his soft drink and hits the other car, follows him into the parking lot, gets out of his car and grabs the other person's car door.

Then Gambles shoots Bettan.

Go ahead and put me on the jury. I see which direction I would lean. . .