philip964 wrote:A homeowner shot a man trying to break into his house after the man's car was towed for blocking the driveway. Occured at 3am. No mention of homewowner being charged (I would suspect not since it was at night).
The man was trying to break into the house. Night has no bearing on that. Night only applies for someone using deadly force against a burglar that is running away with stolen property.
PC §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.........
He was justified based on self-defense
PC §9.31. SELF-DEFENSE. (a) Except as provided in Subsection
(b), a person is justified in using force against another when and to the
degree the actor reasonably believes the force is immediately necessary
to protect the actor against the other's use or attempted use of
unlawful force. The actor's belief that the force was immediately
necessary as described by this subsection is presumed to be reasonable
if the actor:
(1) knew or had reason to believe that the person against whom
the force was used:
(A) unlawfully and with force entered, or was attempting to
enter unlawfully and with force, the actor's occupied habitation, vehicle,
or place of business or employment;
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