Actually here is what saved him...printed in black and white
§ 9.42. DEADLY FORCE TO PROTECT PROPERTY.
A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to
prevent the other's imminent commission of
arson,
burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(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; and
(3) he reasonably believes that:
(A)
the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY.
A person
is justified in using force or deadly force against another to
protect land or tangible, movable property of a third person if,
under the circumstances as he reasonably believes them to be, the
actor would be justified under Section 9.41 or 9.42 in using force
or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful
interference constitutes attempted or consummated theft of or
criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A)
the third person has requested his protection
of the land or property;
(B) he has a legal duty to protect the third
person's land or property; or
(C) the third person whose land or property he
uses force or deadly force to protect is the actor's spouse, parent,
or child, resides with the actor, or is under the actor's care.
http://tlo2.tlc.state.tx.us/statutes/do ... 009.00.htm
Once the bad guys have met the criteria to use deadly force it doesn't matter if you shoot them front to back or put 50 in their back (one the threat is stopped you stop..if you walk up and put one in the head of a badguy laying down you go to prison for murder)...you must realize the occupational hazard of being a scumbag thief/rapist/badguy is death, if they are lucky the guys in blue will showup and give them some nice bracelets and save them from the good guy that is sick and tired of being the victim and turning said badguy into a leaky walking gazebo
