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I think I'm letting them go if their back is to me and they are fleeing whether or not I can "legally" shoot them. I think you can legally shoot them in this instance to stop them from stealing from you assuming they have something of yours in their hands and I think this was the determination made in the Joe Horn shooting in Pasadena, tx. in which Joe Horn was no billed. But this could have cost him everything if it had gone to trial whether or not he was ever found guilty of any thing.

"An unidentified plain clothes police detective responding to the 911 call arrived at the scene before the shooting, and witnessed the escalation and shootings while remaining in his car.[3] His report on the incident indicated that the men who were killed "received gunfire from the rear".[1] Police Capt. A.H. "Bud" Corbett, a spokesman for the Pasadena Police Department, stated that the two men ignored Mr. Horn's order to freeze and that one of the suspects ran towards Joe Horn before angling away from Horn toward the street when the suspect was shot in the back. The medical examiner's report could not specify whether they were shot in the back due to the ballistics of the shotgun wound.[7] Pasadena police confirmed that the two men were shot after they ventured into Horn's front yard. The plain clothes detective did not arrest Horn."