In Texas, you have the right to kill a thief attempting to steal your property. At least one older case enabled this when a defendant shot and killed a thief from an apartment window, the thief trying to steal his property (e.g., car, contents, etc.). In view of such a law, the maimed or fatality due to collateral damage might also be viewed lightly.
Under cover of darkness
Which I always thought was an odd distinction.
You can only defend your property with deadly force at night.
I guess those that wrote that law figured during daylight you should be able to identify the culprit to the police.
Or stealing at night it more deserving of death.