Employee shoots shoplifter - facing aggravated assault?

[newlife12176]

I think a lot of guys are unaware that it is illegal to shoot a fleeing robber during the daytime

The above statment needs clarification. You cannot legally shoot a fleeing "thief" during the daytime (which based on the info of this article, the subject is) however, you can shoot a fleeing "robber" anytime of the day or night...

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. 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

[newlife12176]

Sorry, wrong section of PC posted....

Here....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

[KRM45]

Sorry, wrong section of PC posted....

Here....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

Unfortunately this is where the phase "you may beat the rap, but you won't beat the ride" comes from. This person will need to prove that it was a robbery and not a theft, then they will have to demonstrate that at the time they beilieved that it was immediately necesarry to use deadly force.

I would not want to be in that position over my employers bottle of booze...