TexasCHLforum.com

Police said 23-year-old Delon Johnson called 911 and admitted he fired at two men and their trucks as they ran off with beer.

Doesn’t sound like they were surrendering.

Flightmare wrote: ↑Thu Aug 05, 2021 5:23 pm

Tex1961 wrote: ↑Thu Aug 05, 2021 4:56 pm This is one point in my classes that I ask the students if they really think a case of beer is worth it... There's the law, but are you willing to go to court where the prosecutor will attempt to prove your guilt...

That's how it is SUPPOSED to be. Sadly, your original text is probably closer to reality.

I like your edit better

Section 9.42 DEADLY FORCE TO PROTECT PROPERTY.

(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 weather or serious bodily injury.

By the text of 9.42 one would assume that he was within his legal right to shoot the thieves... BUT only to the extent that they were not surrendering or giving up the property..

This is one point in my classes that I ask the students if they really think a case of beer is worth it... There's the law, but are you willing to go to court to prove your innocence...

E10 wrote: ↑Thu Aug 05, 2021 3:40 pm Not a residence. Theft (maybe even only a misdemeanor), not burglary or robbery. No fear of serious injury or death. Deadly force not justified.

Bad move by clerk.

Edited...

I personally don't feel that deadly force was justified either. But per my post a few down the text does say that it is... All depends on what the bad guys were doing as far as giving up the goods or surrendering...