The righteous infallible landowner could have removed the lowly worm eating meathead scum without deadly force and without undeadly force. Without any force at all. By walking to the sidewalk himself. Thus none of it applies. No force was ever necessary. The meathead did not care about trespassing, he cared about the conversation being resolved in his favor. The land owner could have walked to the sidewalk. Did not have to carry the big man. Did not have to risk his life. Just had to walk down from his porch to the sidewalk to get the meathead out of his sacred ground. But he was u willing to endure the meatheads company. So he stayed on his property and decided to opt for deadly force when a peaceful solution was available.
Ah, so you’re one of those people who advises peace at any price, and that the homeowner should have fled from his property and let the meathead dispossess him of his home.
Would it surprise you to know that Texas law *still* would allow the dispossessed homeowner to use deadly force to return to his property? And it allows the homeowner to exert that force from the sidewalk? Or the street?
Sorry, the only way this ends well is if meathead leaves the property when told to. Texas has Castle Doctrine, no duty to retreat, and very good private property protection laws.
For the record:
Sec. 9.41. PROTECTION OF ONE’S OWN 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.
So even if meathead had run the homeowner off his own property, it doesn’t matter. Meathead was using threat and had no claim of right at the time. 9.42 still applies, the homeowner can use deadly force because he reasonably believes any less force would probably result in his serious bodily injury or death.
Do. Not. Trespass. In. Texas. If the landowner tells you to leave, LEAVE IMMEDIATELY.