[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.

[happinesswithoutpeace]

Correct sir, in the tape the caller states “broad daylight”

[FreedomCalls]

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.

The "at nighttime" provision applies to theft or criminal mischief -- which must occur at night in order to allow use of deadly force. Burglary has no such "at nighttime" qualifier.

... to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime