[FreedomCalls]

Vicarious self defense does not extend to property

It does in Texas where this took place.

From the Texas Penal Code concerning the use of deadly force to protect property:

§ 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; 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

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property

[bobby.223]

thanks for putting that up. I hope he is not prosecuted.

[Wally_Kalbacken]

Wow. That’s Texas!

[Bubba Ho-Tep]

Interesting. Under that law, it looks like you could go to the mall and shoot shoplifters.

[HANG THE EXPENSE]

Sounds to me that the guy is within his rights.what do you think?

[mvpel]

Your cite of the Texas Penal Code includes the term “at nighttime.” According to the reports I’m seeing, this took place at 2:00 in the afternoon.

[cbkaty]

You are correct SIR......Texas Statutes dating back to the days of cattle rustling, which are now occurring again, allow a "defense to prosecution" for the use of deadly force in private property cases.

Bailiff....whackem on the pee pee... (A Firesign Theatre routine, had to have been there I guess)

[piytar]

Wow, going to the actual law? What a concept! Clear that the reporter and possibly cops commenting didn’t. Grand jury will, and from my lay reading, looks like the shooter was well within the law. We’ll see.

[Cvengr]

IMHO, that segment of the Texas Penal Code should be law in every state in the union.

[Squantos]

There ya go cut and dried.......BTW I am of the understanding that the Castle Doctrine is more or less protection against a “civil” lawsuit in addition to no requirement to try and retreat or evade the threat before application of deadly threat.......

Where’s my little sawed off red neck lawyer at ?

Eaker !! Front and center, need a subject matter expert. You shoot people all the time . What say you ?

Stay safe Ya’ll .....!!!!