Probably No Charges For That Homeowner

WFAA’s story says that:

While investigators said the homeonwer (sic) was within his legal rights to fire on intruders, he may be subject to charges because he left his property to pursue the robbery suspects in his vehicle.

But while I hate Internet lawyering, the Texas code on using deadly force against a fleeing criminal is pretty explicit.

§ 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

So if circumstances are as they were presented in the story, I have my doubts. The new district attorney doesn’t seem one to go all Harris County on victims of crimes. (If you’re wondering why I’m so geeky current on my codes, I had to be.)

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