“It’s an interesting case because it’s very similar to the taqueria shooting, we had about a year ago.”
Imminent public danger.
A bit different as everyone was seated with the guy waving the gun.
Here the suspect is leaving the scene.
Had this been a white dude that did the shooting... 80/20 he’d be charged with a lib D.A. The old, “He was running away from the scene — you can’t shoot him if he’s doing that” b.s.
“Imminent public danger.”
Problem is that the robber was running away and was no longer a threat to anyone unless he turns and you can’t assume he will. You also can’t assume he will repeat the actions he just took somewhere else. So the shooter may be in a litle trouble for what he did. And this is not me, it’s the law.
“...the bystander could have believed the threat was still real...”
“Could have” is not going to free up the shooter. In Texas you can stand your ground under the law. You’re also legally permitted to use proportionate force in self-defense. If the robber was fleeing, it is not self defence. And the robber was not indicating he was going on the offence at the time of the shooter firing. Can’t assume. Unfortunate choice. I hope they are easy on him.
wy69