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Old 01-13-2013, 23:50   #26
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Join Date: Jun 2007
Location: Baytown, Texas
Posts: 143
This specific case may very well fall under "Protection of Property"... and not "Defense of a Person" If the media report is to be believed, the victim was robbed at gunpoint, and gave up personal property (wallet, phone, bracelet).


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.
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