TexasCHLforum.com

OneGun wrote: ↑Tue Feb 21, 2023 12:10 pm My concern is optics. Once he starts fleeing, am I still in danger? More importantly, how will a jury of my peers view my actions? While robbing you, you can blast away. However, its the turning and fleeing part.

I agree with this 100%

Rafe wrote: ↑Tue Feb 21, 2023 9:18 am For the scenario, to me, PC §9.42 is fairly clear the requirement is that one reasonably believes the use of deadly force is immediately necessary "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 [the actor] reasonably believes that the land or property cannot be protected or recovered by any other means."

I'm not saying that I would shoot someone over material possessions. But in regard to the law, it doesn't say "replaced". It says "protected or recovered". What other means would I reasonably expect to use to recover the wallet itself (could be worth $100+) and whatever amount of cash I had in it?

Sure I could work, earn more money and buy another wallet, but I don't think that meets the definition of "recover" in this context. If that's the meaning then this whole section of the law is pretty irrelevant.

Then again, IANAL.

First I lament my poor decision(s) that led to my loss of SA. Then I drop the wallet instead of handing it to him. If he's after your money he'll grab the wallet off the ground. If he's intent on harming you in addition to getting your money, then your in bad shape no matter what you do. Dropping the wallet at least gives you a fighting chance.