He’s also just plain wrong.
Texas Penal Code:
Sec. 9.42
Deadly Force to Protect Property
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1)if he would be justified in using force against the other under Section 9.41 (Protection of One’s Own Property); and
(2)when and to the degree he reasonably believes the deadly force is immediately necessary:
(A)to prevent the other’s imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B)to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
With no video, the defendant has a possible way out using 9.42. He says they guy tried to escape or threatened him. To convict, you need “beyond a reasonable doubt” that Section 9.42 does not apply.
Clearly doesn’t apply here.