9.42 (3) (B) was not met.
***The standard is a “reasonable person” standard. That would be what passes for a reasonable person in Texas, so there are no charges even filed, not even for misdemeanor stuff like reckless endangerment.
Having thought about this, a reasonable person who had already fired a warning shot which was ignored might think the guy’s gonna go for your gun and succeed. All the defending attorney has to do is bring that up, he’ll be found not guilty.
From the video I find it absurd to conclude there was a "substantial risk of death or serious bodily injury" to the small guy with the gun. All the risk was on the big guys side. Granted the big guy was being an idiot to take that risk.
At no point did the big guy try to hurt the little guy. And he sure as heck could have. He could have tackled him and bashed his head down into the porch. He did not even come close to that. His hands were down and he was trying to shame the guy into putting down the gun. When the gun was discharged inches from his feet he tried to disarm the small guy but made no effort to harm him.
The one and only instance of somebody trying to physically harm anyone was the small guy shooting the big guy.
So there was only "substantial risk of death or serious bodily harm" to the guy shot. He was a fool to let his temper put himself in that position, but at least he did not shoot nor even harm anyone.