A different news service reported that he fired at the burglar, who ran off. Then he fired "into the night" without knowing what he was shooting at. Perhaps that turned self defense into reckless conduct?


https://www.usatoday.com/story/news...r-killed-burglar-back-to-bed/3813927002/

Will the Honorable Judge Dan be presiding over this case?

Will the Honorable Judge Dan be presiding over this case?

Hey Dad. Can you pick up some green Solo cups, hot glue sticks and some chartreuse finger paint? I have a science project due next Thursday.

In stock. I keep all those in my bugout bags.

Cool. I'm going to need you to be at school next Thursday so shave the dome. We need to finger paint your head chartreuse and hot glue the Solo cups to it.

You're going to be a virus and the cups are the receptors. Mom volunteered to be the vaccine and she bought a blue aluminum bat already so we're good there.

SUBCHAPTER D. PROTECTION OF PROPERTY

Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and:

(1) the actor reasonably believes the other had no claim of right when he dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud against the actor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.


Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.