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Well, I guess I am officially not nerdy enough any more. I could write it in FORTRAN, COBOL, Pascal, or BASIC if you like line numbers, but I don't use that new fangled stuff like PHP or APL.

But, I think the homeowner may be in bigger trouble than we would like. I will point out that the crime occurred at 7:30 AM. This is not nighttime in most places I can think of in Texas. The use of force is justified but not deadly force for this crime (burglary of a motor vehicle). There is some debate about whether the term burglary in 9.42 includes all burglaries or just the single section titled Burglary (30.02). I tend to think it does not since it includes both robbery and aggravated robbery.

But, if he tried to tell the guy to lie down and the guy fought or ran, he is trying to make a legal arrest for a felony charge. He can use force for that, though I doubt he could justify the deadly force under 9.51 either. I would use a defense of he might hit someone while running from the scene in his car, thus making it legal under 9.51(d)(2), but it is a real stretch.

I am not saying I think the homeowner did anything wrong. I certainly think he was right in his actions and hope the grand jury agrees.

Oh yeah, this case may bring up a point I have made before. When you catch a criminal int he act and tell him to freeze or stop, you are making an arrest. What are you going to do with him when he does obey, or if he does not?

BTin, I have to disagree with your proposed tactics in one area. NEVER EVER go fight with a stranger if you can avoid it. You can get killed or injured quite easily that way. One of the problems I have had in teaching young rookie officers is making sure they understand that in every fight, there is a good chance that someone is going to get hurt. Since there is always someone who is stronger, tougher, better trained, or just better motivated than you, there is just a good a chance of you being hurt as the bad guy. If you do not want to shoot him over property (and there is a lot of merit to that moral position), do not go out there at all. Call the police while he is in the act or the insurance company afterwards, but do not go out there with that attitude.