Bad shoot.
Stupid victim, to be sure. But bringing the gun outside — bad shoot. He was several feet away pointing at an unarmed man — bad shoot.
I would suggest manslaughter, 3 months in jail, probation.
He left the scene to get the weapon, escalating the situation… fired the gun at the ground near the man who he later shot then shot him…
If this piece of dung isn’t charged with murder for this then it is official, there is no law in Texas but the gun.
The trespasser was armed with his fists and a 40 lb weight advantage. I do not fault the homeowner for arming himself against an obvious threat and I certainly won’t second guess him for shooting when the trespasser made contact and then grabbed for the gun.
Some other posters hint that the ex husband was goaded into confrontation by the ex wife. The Ironic thing is if, instead of rushing toward the armed property owner, he had simply walked to the street and pulled out his phone he would have some pretty damning video for use in family court.