TexasCHLforum.com

Crossfire,

You are correct that the suspect must be fleeing with property for the CHL to be legally able to shoot him. This is most fleeing felons in my opinion. It does not include someone fleeing from a homicide or aggravated assault, but they are relatively rare compared to the burglar and robbers that exist out there.

I should have been more clear, but a police officer can not shoot even those felons. He must prove the felon is more dangerous to society than the violation of civil rights would have been.

I just wanted to point out to you all one benefit to being a CHL. The officer in this case may not have been justified in shooting even though a CHL would have been. Officers are restricted by the Fourth Amendment and the way the courts have interpreted it. For example, the Fourth Amendment, via SCOTUS in the Garner decision, says a police officer cannot shoot a fleeing felon unless he can prove extreme danger to society if the felon gets away. In Texas, you as a CHL can shoot most of the fleeing felons under the law and this would not bother you.

Of course, in this case you have the on-going attack against the police officer. What will make a difference for the officer is the relative sizes, whether the BG tried to get away or just attacked, what else the officer tried, and even the officer's physical condition (there is case law syaing you cannot shoot someone just because you cannot handle him if ti is due to your poor physical condition).

I hope everything turns out well for the officer.