permafrost wrote:
I did wonder about that, would think the girl would have run like heck.. However, I would have agreed with the jury on the verdict.
Why? Or, are you one of those that think only the police have the right to shoot criminals when they catch them in the commission of a crime. IF they ever catch them in the first place.
The man had a right, IMO, to protect his person and his property by any means. I doubt there would have been any question about that in Texas. You probably would have been in the minority. Texans believe in the right to protect their private property by any means necessary.
Texas Penal Code SS9.42
§ 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.