If BG runs or makes and effort to leave you had better stand down and let them go. If they are leaving you are no longer in danger and will be arrested.
That make that very clear here.
No, I think you have merely made-up you mind that you can shoot...until you feel the issues of the death of a human being at your hands, you might not be so calloused. Police officers have made up their minds to shoot if necessary, and you would call them what if they have psychological issues for havingkilled someone ?? Many officers resign after shooting due to the psychological after math and the legal ramifications of such. Nope, they just don't go back to work very easily.
It is called PSTD in military circles....and, it can be real, very real.
I think the bottom line for me is that I will not shoot someone if I do not feel I'm in imminent danger, whether or not the law says I can.
Unless the guy/girl is equipped with a rear gun turret, and is firing at you as he makes his/her egress, don'thca think letting them go is the prudent thing to do?
Most tvs are cheap and insurance is somewhat cheap. Compared to your life and the aftermath of shooting someone. if they are running they are no longer a threat. Just my thoughts.
If the guy had a knife or tire iron or gun or a screwdriver shank...etc...a potentially lethal tool....part 3b applies. Legal shoot. This event happening at night, legal shoot. Since he didnt, that part is moot. The prosecutor can go after a Texan for 3A since this happened during the day. At night, different story.
If the guy bolts and you shoot him, that is unjustified homicide. He broke off. Dont drop the soap where your headed...
If the guy continues to carry your TV/item away with both hands busy holding your item, his face, head, and neck are vulnerable to non-lethal means of force. But you get close to him with your weapon, especially a long gun, you raise your risk of him getting inside the length of your barrel and fighting for your gun.
I have not studied the lawfulness of shooting out his tires if he loaded it and was going to drive away. That is certainly a very nice tactical non-lethal use of a lethal tool. Maybe Farronwolf can comment on this.
...you lose the protection of the law in the above scenario when he drops the TV...you're not protecting property anymore, and 9:42(2)B) quoted here applies only to keep him from escaping with the property so(3) (A) and (B) never come into play...(see the "and" in (2) (B)...)
I'm not taking a life over a TV...and risking my freedom over the chance of getting a pass from some good old boys on a grand jury...no shoot...
Case in point: I remember a burglary back in the '80s on the eastside of Houston during the daytime. Burglar broke into a man's house. The homeowner worked night at the time in one of the many petro/chemical plants in the east Houston/Pasadena/Deer Park area. Burglar awakened the homeowner, who grabbed his shotgun. Homeowner met burglar in the livingroom where homeowner unloaded a round at the burglar but did not injure him enough to stop him for "John Wayneing" it through the front window of the livingroom. The homeowner ran to the broken-out window and fired another round, which happen to be a deer slug. The slug hit the running burglar on the back shoulder.
The grand jury decided the shooting was legal and no-billed the homeowner.
Now, would I shoot a burglar after he decided to leave property behind...probably not.
I met one of the doctor's who was a surgeon trying to repair this man's wound. The doctor said the shoulder was pulverized. Further, this Oriental doctor with a East Texas accent continued and told me what he would have done if this man had burglarized his house.
...I've seen dozens who did shoot and got cleared by the system...but I'm older...and greyer...and I've also seen the system break it off in a good ole boy who was just tryin' to do the right thing that needed doin'...all it takes is one DA who wants to make a name...
...my freedom at stake...it's not gonna happen over a dropped TV...when my hope for freedom afterwards is clearly worded against me...I like my ice cream and TV at night with my feet up too much...guess I'm mellowed a bit...
In this case, it wasn't even his TV. Texas law gives the guy with the shotgun no legal standing to protect it. He also can't be sure who the rightful owner of the TV is, and if it turns out the guy walking with it just bought it or otherwise had permission to move it, you'll be charged with armed robbery along with a bunch of other crimes. Never do what was shown in this video.