Texas has this thing, it's called "defense to prosecution" and it covers everything that is not covered as an offense in the Texas Penal Code.
Quote:
Sec. 2.03. DEFENSE. (a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.
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The thing the thieves did wrong, besides being thieves, was to come onto the man's property
during the hours of darkness to commit a crime. It is considered a defense to prosecution to use deadly force during the hours of darkness against any crime happening on your property.
He was not judge, jury & executioner and this is not an open and shut case. It will be submitted to the District Attorney who will then decide to pursue criminal charges or not. If charges are filed then it goes through the regular legal proceedings that happen leading up to a trial by jury. Will it actually go that far? Who knows? Maybe, maybe not. We dont know all of the details and it's not up to us to decide anything that may or may not happen next.
Just because an act is covered under defense to prosecution, does not mean it's the wild wild west and shoot to kill then get away with it. This is different and more complicated than if he shot two guys breaking into his home.
So relax, people. Some of you with you "That's Texas" remarks are making yourself look dumber than you guys try to make Texans look.
If the guys werent being thieves, none of this would have happened in the first place. So ban thieves.
And as always.... have a nice day.