Gotta Love Texas: Deadly Force to Protect Property

A place for sharing news stories related to armed citizens, law enforcement & 2A/CCW topics.

Please note that when linking to an article you must cite the source URL and provide no more than a brief preview of the article to ensure fair-use standards are met.

NO DOCUMENT DUMPING.

Posts in violation of these rules are subject to immediate deletion without warning.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

Post Reply
User avatar
BobK
Posts: 15602
Joined: Sun Jan 14, 2007 10:26 pm
Location: Houston TX (formerly Franklin County)

Gotta Love Texas: Deadly Force to Protect Property

Post by BobK »

This happened early today (nothing good happens after midnight!).

PD: Clerk, 19, shoots, kills beer thief
HOUSTON - A southeast Houston convenience store clerk shot and killed a man for stealing a 12-pack of beer, police said.

Houston police said Troy Colby, 52, went into the store at 3033 Elgin on Friday at 12:05 a.m., grabbed the beer and walked out. The 19-year-old clerk then pulled a gun and shot the thief during a confrontation outside the store, police said. . . . .

"If a person comes into your house and steals something and continues doing it, you have to do something," Bennie Earsle said.

Nearby residents said they did not have a problem

The case was referred to the District Attorney's Office to see if the clerk will face charges. The clerk was not arrested.
First of all, let's note it was a 19 year old possessing a handgun.

Second, the clerk was not arrested because he is clearly justified under Texas Law.

Third, note, "Nearby residents said they did not have a problem".
Texas Penal Code Sec. 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.
This clerk would be likely be facing multiple charges under Ohio law.
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
GatorNavy
Posts: 2238
Joined: Fri Mar 14, 2008 9:37 pm
Location: Mighty Tusc County

Re: Gotta Love Texas: Deadly Force to Protect Property

Post by GatorNavy »

Attaaaa Babyyyyyyyyyyy
Come and get'em
Post Reply