TexasCHLforum.com

The news report claims the police dispatcher asked the homeowner to leave his gun in the house when police arrived and he refused. If true, this information would likely have been given to the responding officer and it certainly wouldn't have helped the situation. There may/should be audio, but I'd be surprised if the dash camera caught it, but hopefully I'm wrong.

This is a tragedy for everyone involved.

(BTW, see below.)

Chas.

TPC §9.31(b)(2) wrote:(b) The use of force against another is not justified:

• (2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);
  
  . . .
  
  (c) The use of force to resist an arrest or search is justified:
  • (1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
    
    (2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.