Active persuit. He saw them steal and leave with his property and he chased after them.That is the key word, active persuit. Had he lost sight of them and then spotted them lets say an hour later he can not then use deadly force to recover.. This has happened many simmilar times in Texas and as far as I know the store owner was within his rights to recover stolen property. No different than if when waking up from a nap in the middle of the day you see some one stealing your tool box from your backyard. If you see them leave with it you can persue and recover and yes even use deadly force IF any other action would result in your bodily harm. You have the right to confront a thief caught in the act. But, you have to catch them in the act and the property in their possesion. If while chasing the thieves with your tool box and they throw it out the window, you have recovered and can no longer persue them with the threat of deadly force.
Fresh pursuit, is what it is called.
Cooper unreasonably used deadly force.
Thank you for your detailed explanation. But I sure hope you do not rely upon it to chase down the bad guys, especially those committing misdemeanors, at best.
Apparently, you have a copy of the statute. Make yourself a checklist and check it off against the circumstances reported in the story. I don't see how you can come to the judgment Cooper was entitled to use deadly force in these circumstances. And, if he were in Texas, he sure as heck best pray passenger Skelly is convicted of theft. Otherwise, Cooper absolutely had no right to use deadly force.
Thanks for the conversation. Enjoyed it.