I’ve been carrying concealed for about 15 years and no way I would shoot out someone’s tire like that. Not a smart move at all in my opinion. I wouldn’t shoot a shoplifter anyway, that is a bit absurd. If someone robbed a store and I came upon the scene and had a weapon pointed at me then you can bet you are going down, but just stumbling across a simple robbery is not a reason to take a life. As a general rule a concealed permit allows for use of a firearm if your life is in danger. I don’t see witnessing shoplifters as grave danger and there is no mention of the robbers having a gun. Then the guy follows them? For what reason? He escaped the supposed dangerous situation then chases them down? Doesn’t sound too mentally stable to me. If some d-bag shoots and kills your dog- then by all means chase them down and do what ya gotta do...but shoplifters?
If your life is in danger by a vehicle would you even have time to draw and fire as well as jump out of the way all at the same time? It would be far more important to get out of the way (get off the X) than it would be to fire a shot.
A concealed permit is for your own safety, not a permit to play junior cop.
I’m amazed he didn’t get in trouble.
A clarification: in Texas, theft is unlawful appropriation with intent to deprive the owner of property. Burglary is unlawful entry into real property, either committing a theft or intending to do so.
Robbery is committing a theft either with threat of, or actual bodily injury. It's upgraded to aggravated robbery if deadly force is used (or threatened).
In Texas, deadly force is force that is known or intended to cause death or serious bodily injury. Case law has established that blows about the head, neck, and spine meet this criteria.
This shoplifting case was simple theft, until the perpetrators allegedly tried to run over the CHL holder with a vehicle. That's what escalated it to (probably aggravated) robbery, which is a first degree felony.
Having said all this, I agree with you: I wouldn't have pursued the perpetrators over shoplifting. And I wouldn't get involved in a simple robbery, either. If the perpetrator got what he wanted and departed quickly, I'd watch carefully from behind cover and be a good witness, but do nothing else.
However, If the perpetrator started shooting or doing something that I thought would escalate into shooting, all bets would be off.