From another siteExcaliber wrote:That would depend on whether the cars being rammed were occupied or not, and whether ramming happened before or after being shot at.rotor wrote:What would you call ramming into cars by the fleeing vehicle which was reported?Jumping Frog wrote:RE: "a legit reason to fear for his, or other's safety". That is not the legal standard for defense of property.RockinU wrote:I really hope that it comes out that the LTC holder had a legit reason to fear for his, or other's safety. Irresponsible decisions are something the other side would love to be able to lob at us...and absent an obvious and legitimate threat, this can be nothing but a bad choice.
The person was clearly was justified in using force, per TPC Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. However, simple shoplifting during daylight hours would not, in my opinion justify deadly force.
But if the perpetrators pushed or touched anyone during the incident, or targeted any person in the parking lot while fleeing in the car, or even said "Get out of my way" (with the implicit "or else"), then a theft can become robbery pretty darn quickly. Deadly force is authorized if the actor believes the person is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property and it cannot be protected or recovered by any other means in TPC Sec. 9.42.
"The suspects entered a gold Ford mini-van (LP# DMH0999), which had been reported stolen from Harris County," the release said. "While attempting to flee, the suspects crashed into numerous vehicles and struck a tree in the parking lot. The armed citizen discharged a single round into the rear tire of the suspect’s vehicle in an attempt to stop the suspects and prevent further damage or injury to pedestrians. The suspect were able to evade and drove away at a high rate of speed and is still at large."
Who knows the exact sequence. The theft itself doesn't seem to me to be an issue as much as the crashing into cars and a tree in a wild attempt to flee. A mini-van is a powerful weapon.