"In Texas, that applies to commission of criminal mischief at night. A little extreme for toilet papering a house, wouldn't you say?" Do you think it's a little extreme for the property owner to shoot somebody toilet-papering their house?
If a criminal is going to commit an act in which the victim is fully empowered to kill them, then it's the criminal who has placed the value of his/her life below that of the fruits of their crime.
Oh, I'm all in favor of protecting your property at night using deadly force. I just don't think that the criminal committing the act, if convicted, should face the death penalty as a possible result. I think that's what you implied in your first post.
(Now, throw in a lengthy criminal record, and yes, it should be on the table.)