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Corona wrote:Thought I recalled that you can shoot to stop someone commiting something as petty as criminal mischief. Also, I thought I remembered that the law was much more lenient at night.

Yes at night, but there are additional requirements. See below. While legal, in my opinion, it's not advisable.

Chas.

TPC §9.42

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. 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.

Shooting through a door is not per se unlawful, but you'd better have a good explanation why you reasonably believed deadly force was immediately necessary to prevent . . . A good example is looking through a peep hole or window in the door and seeing a suspect pointing a gun at the door.

I'm glad the fellow isn't going to be charged and he probably had an explanation that satisfied the investigating officer and/or the ADA. As some have mentioned, the other factors such as multiple assailants moving to different locations around the house may have been considered significant; i.e. the chance multiple attackers would gain entrance at or about the same time, thus making defense much more difficult.

All this said, I've heard a number of news reports about homeowners in the Houston area shooting through doors over the years, but I can't recall any being prosecuted. Still, it's a risky move.

Chas.