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sawdust wrote:Wellll, since this has been re-opened, I re-read all of the earlier posts and came across this:

gigag04 wrote:Did you call a lawyer before talking to the cops?

I have to ask: Should you call a cop before you talk to a lawyer?


well, i thought it was funny

Read this: What to say after a shooting - from Massad Ayoob

The Annoyed Man wrote:Edited to add: Certainly the more frequent and realistic your training regimen, the less likely you are to experience that dump so dramatically when the real deal happens. You'll just default to your level of training........which for old farts with not much money like me is kind of scary, because we don't have either the ducats or the physical capacity to train like that.

Yeah, but we make up for it with grumpiness and itchy trigger fingers.

While Keith's point is well taken, I want to point out that Texas law is pretty clear in this area. I have highlighted the sections that I believe are apropos in the OP's situation.

SUBCHAPTER D. PROTECTION OF PROPERTY

Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

Sec. 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.

The OP was justified in using force and he was in fresh pursuit. If he reasonably believed that there would be no other way to recover the property or the use of force other than deadly force would expose him or his son, he was justified in using deadly force. I personally do not believe that if this situation was questionable the police would have acted as they did simply because he missed rather than hit the suspect. Deadly force is deadly force whether it results in injury or not.

As Keith points out, it can depend on the district attorney as to whether or not charges are brought, but the OP has, in my opinion, a very winnable case, if he were to be charged. So, while he could be exposed to the expense of defending himself, I doubt seriously he would be found guilty of anything, if tried, and I would be surprised if the DA really wanted to pursue the case.

gemini wrote:Here’s what I have learned from this experience. Maybe it can help someone else:
1. Wearing a tuckable holster or a smart carry holster would have been completely
useless in this situation. (I am forced on occasion to use a tuckable).

Would you please elaborate on this? I'm not sure why you are saying this. I wear a tuckable holster and have no option but to keep it tucked, so I'm interested in your thought process.