TexasCHLforum.com

rp_photo wrote:

NavAir wrote:Does a third party have the right to draw weapon and defend guy #1?

Being significantly older than the attacker is a useful disparity of force "card" if the need arises.

http://texaschlforum.com/viewtopic.php? ... 5#p1164010

The perp in this video clearly (in my OPINION) crossed the threshholds for "Theft" and "Robbery", and I could argue for "Aggravated Robbery" given the severity of the beating (fists, feet, defenselessness of victim, disparity of age and size, etc) and the fact that the perp wasn't stopping.

Of course none of us wants to live with the aftermath or heavy conscience that follows a shooting. However, assuming one has made the decision that deadly force is justified, it seems that getting verbal with the perp and giving him both reason and opportunity to turn his attack towards you would immediately and substantially increase the risk to your personal safety.

Options:
1. Move to cover and get verbal, hoping that would end the attack and the perp would flee or lay down.
2. Shoot him
3. Exit the area and do nothing to help
4. ?

Does the added risk of going verbal balance favorably vs. the remorse/consequences one might experience by shooting shooting this perp "right now"?

I am not a lawyer. This is my OPINION, not legal advice.
Emphasis is mine.

PC §9.32. DEADLY FORCE IN DEFENSE OF PERSON.
(a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other’s use or attempted use of unlawful deadly force; or
(B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(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; or
(C) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

ETA:

Sec. 29.02. ROBBERY. (a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second degree.

Sec. 29.03. AGGRAVATED ROBBERY. (a) A person commits an offense if he commits robbery as defined in Section 29.02, and he:
(1) causes serious bodily injury to another;
(2) uses or exhibits a deadly weapon; or
(3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
(A) 65 years of age or older; or
(B) a disabled person.
(b) An offense under this section is a felony of the first degree.
(c) In this section, "disabled person" means an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.