Ft worth shooting

[suthdj]

http://dfw.cbslocal.com/2016/06/30/purs ... ts-robber/

[RPBrown]

The bad thing about this is they will probably prosecute the Good Samaritan because he shot at the BG while he was fleeing per the news article.

[Life]

The bad thing about this is they will probably prosecute the Good Samaritan because he shot at the BG while he was fleeing per the news article.

Sounds like an immediate response as long as he didnt give chase I think he is off the hook. Hope they find the bad guy in pain!

[lildave40]

The article doesn't add up. It says The thief was still on the run, but nothing about the witness shooting him.

[suthdj]

The article doesn't add up. It says The thief was still on the run, but nothing about the witness shooting him.

"A witness shot the suspect as he was fleeing the scene."

Not sure if the reporter means shot at or shot.

[mr1337]

The bad thing about this is they will probably prosecute the Good Samaritan because he shot at the BG while he was fleeing per the news article.

Not necessarily. (emphasis mine.)

Sec. 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.

As long as he can reasonably articulate 3(A) or 3(B), the Good Samaritan is in the clear. I think 3(B) should be easy to prove since the suspect was armed.