Can a pellet gun be a deadly weapon? Sure. In my mind its entirely possible.Heartland Patriot wrote:Just making sure I have this correct...in Texas, a pellet gun would be considered a deadly weapon?
If it "is capable of causing serious bodily injury"; then I would think it would be a deadly weapon.
Reports of serious injuries and deaths caused by the criminal or negligent use of pellet guns are not uncommon.
As we know, any item may become a deadly weapon depending on how it's used.
A pillow might seem non-threatening, but if used to smother another person, it becomes a deadly weapon (capable of causing serious bodily injury).
The use of force and deadly force statues concentrate on the actions being committed (murder, aggravated sexual assault, aggravated robbery, etc).
That's the important key as to what response is considered lawful.
To the OP: Why this guy decided not to shoot is his own to ponder over.
I'm not going to second guess him; I wasn't there and I'm not him.
He has to determine if it was right for him. Next time, he might not be so lucky.
LabRat
BTW: I ain't no lawyer - never was, am not and never will be.