[TChris]

Ah, but in Texas, burglary becomes robbery when someone else (say, the householder) is present and the other party does not flee.

Really? I sure didn't see that in the Texas statutes.

I'd like to see some documentation.

Also, the author of the article called it a burglary.

[Spktyr]

Just check out various Texas newspapers - it’s a common ‘upcharge’ for DAs to use here.

Also, in this case, he was shot before it could become clear. :P Not that it actually matters.