> Vandalism is not a capital offense.........
Spot on!
I think it is cases like this that give Armed Homeowners a hard rap for Credibility. Nobody ought to die for vandalism, and it can’t be seriously argued that they should.
Vandalism should be punished by hard labor. Lots of it. A few years on a chain gang cleaning up graffiti and vandalism should do the trick nicely.
In this case the right move would have been for the homeowner’s friend to hold the perp at gunpoint for the cops and, if local laws permit, perform a citizen’s arrest. Then, if the perp counter-attacked, that’s a different matter — self-defense comes into play. If counter-attacked with a weapon, all bets are off, fill him full of lead.
I expect the jury to bring in a Guilty Verdict for murder, and for the Judge to impose a fairly lengthy sentence of imprisonment.
Which is how it should be.
murder == aggravated battery with a firearm or attempted murder. The scroat didn’t die.
In Texas, trespass after dark is legal justification for the use of deadly force. Damage to property only increases the justification. IOW, “Good shoot”.