San Antonio: Young Man Shoots and Kills Would-Be Robber

[Charles L. Cotton]

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.

[Jacob Staff]

Hours after the shooting, shards of glass from the front-door windows still were heaped at the entrance to the house.

I wonder if they had a door with a window or a solid door with a glass door in front of it.

Also, shooting from the top of the stairs lowers the chance of hitting a bystander because of the downward angle.

[1TallTXn]

Can you imagine what the news story would be if the "badguys" were actually US Marshalls, SWAT or any other law enforcement agency with the wrong address?

I See your point, but don't the SWAT/Police/whatever have to ID themselves before entry? (I don't know, could be very wrong with this)

Also, the resident heard the door shut and went to investigate. I would think that had he seen LE vehicles, his response would have been different. I think I would have assumed they were going somewhere else and perhaps stuck around to watch it go down.

Also, if he saw a a bunch of LE vehicles then heard a knock on his door, they aren't busting his door down.

As far as him firing through the door, not the best move IMO. Glad it turned out ok for him

[Paladin]

Hours after the shooting, shards of glass from the front-door windows still were heaped at the entrance to the house.

I wonder if they had a door with a window or a solid door with a glass door in front of it.

Also, shooting from the top of the stairs lowers the chance of hitting a bystander because of the downward angle.

Good point. The news articles weren't clear, but he might have had a good view of the BG.

[KevinK]

I live in the neighborhood where this occurred. "Most" (probably not "all") of the front doors are leaded glass of some type. Chances are it was a glass front.

[Corona]

I live about a mile from the subdivision where it occured. Our front door is one of those leaded glass ones as well. All the subdivisions in that area are the same - they were all built by one of 4 or 5 builders anyway.