TexasCHLforum.com

jbarn wrote:

RoyGBiv wrote:

Tic Tac wrote:A threat is a threat even if they're moving. However, Texas does not generally authorize deadly force to stop a criminal who is fleeing after their crime, even for heinous crimes.

How do I know they're fleeing and not just taking cover before they turn and fire?

ETA:
Am I expected to be a mind reader?

BTW, if something was stolen PC 9.42 gives explicit justification.

(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;

The code uses the phrase "immediately necessary". What he "might" do is not a justification. There is no justification to shoot a fleeing person who does not have stolen property.

Also, in your quote you left out the parts where you must reasonably believe the deadly force was immediately necessary, AND you must reasonably believe there is no other way to protect or recover the property, or that using force less than deadly force would expose you or another to a sunstantial risk of death or serious bodily injury.