But in nearly all states, you can’t generally use deadly force merely to defend your property. (Texas appears to be an exception, allowing use of deadly force when there’s no other way to protect or recapture property even in situations involving simple theft or criminal mischief, though only at night, Tex. Penal Code § 9.42; see, e.g., McFadden v. State (Tex. Ct. App. 2018).) That’s where we get the conventional formulation that you can’t use deadly force just to defend property.
“But in nearly all states, you can’t generally use deadly force merely to defend your property. (Texas appears to be an exception,”
This incident took place in Arizona. And, according to the article deadly force is allowed to protect property in Arizona. If this is in fact the case then, the judge must be aware of this and incarcerated the old man with a ridiculous bail amount knowing that his action was lawful in the state.
Once the old man is released and acquitted in accordance with state law he should sue for unlawful imprisonment, pain, anguish, etc...