[weaponeer]

But in the final analysis, I think the old rules apply: good shots are on your property, if the bad guy is advancing on you or menacing you; bad shots are off your property, when the bad guy is running away, solely with intent to escape.

But, those rules don't apply in Texas. See Chapter 9 of the Texas Penal Code. You can shoot perps tp prevent their escape. Happens often in Texas and the homeowners get off with a handshake from the Grand Jury.

[muawiyah]

At the same time the dead guy is dead AND since he was obviously on his way home to his sister's house nearby there's a darned good question about any criminal intent he might have had.

Sure, he was in the wrong house BUT was he there to commit any sort of crime.

I think the prosecutor is trying to send a message to some in the community that you can't just kill a guy for wandering around drunk ~ you have to have a reason beyond that.

My goodness, even the cops can't get away with that one all the time so why should a civilian think he can.

[yefragetuwrabrumuy]

http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.9.htm

I assume you are referring to:

SUBCHAPTER D. PROTECTION OF PROPERTY
Sec. 9.41
(b)
or;
Sec. 9.42
(2)(B)

However, these both assume that the thief is escaping with your property, not just escaping. Do you mean otherwise?