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My 18 year-old, a high school senior, waits tables at a local restaurant. This past Friday night, a heavily tattooed person sat the bar, ordered food and paid his bill. Just after he paid his bill, with a credit card (stolen), he reached behind the bar and grabbed a money bag that has all of the evening's tip money, roughly $1,000. My son gave chase, but he jumped into a waiting car.

As I understand Section 9.42(2)(A), a person can use force, including a firearm to stop the robbery because the crime took place at night time. However, if this incident had occurred during the day, a person cannot use deadly force.

Am I understanding this correctly??

I believe time of day is irrelevant in a robbery.

apostate wrote:I believe time of day is irrelevant in a robbery.

I believe it was theft not robbery. None of the conditions below were met.

Sec. 29.02. ROBBERY. (a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:

(1) intentionally, knowingly, or recklessly causes bodily injury to another; or

(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

(b) An offense under this section is a felony of the second degree.

G26ster wrote:

apostate wrote:I believe time of day is irrelevant in a robbery.

I believe it was theft not robbery. None of the conditions below were met.

Sec. 29.02. ROBBERY. (a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:

(1) intentionally, knowingly, or recklessly causes bodily injury to another; or

(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

(b) An offense under this section is a felony of the second degree.

Based on the info given in the OP,

Need to know the definition of robbery before one starts shooting.

I posted the PC definition of robbery a few posts ago.

Best shot in this case would be with a camera and let police take care for the rest. An immediate threat was basically not present to my best understanding and therefore it could be questioned if lethal force is justified.
Following and chasing the individual (robbery or theft) imposes a risk for eventual bystanders and the person chasing the suspect.
Just my thought.

Two observations:
1. Don't store money within arms reach of a customer.
2. I'm not chasing anyone over my employer's $1k.

jmra wrote:Two observations:
1. Don't store money within arms reach of a customer.
2. I'm not chasing anyone over my employer's $1k.

Said it was tip money.....hopefully the employer replaced it.

I would have emptied that jar. No way I'd leave 1K in plain sight, within reach. Not even $ 100.00. But thats just me.

WTR wrote:

jmra wrote:Two observations:
1. Don't store money within arms reach of a customer.
2. I'm not chasing anyone over my employer's $1k.

Said it was tip money.....hopefully the employer replaced it.

100% sure the employer did not replace the money. I have seen this before.... sad..

WTR wrote:

jmra wrote:Two observations:
1. Don't store money within arms reach of a customer.
2. I'm not chasing anyone over my employer's $1k.

Said it was tip money.....hopefully the employer replaced it.

Don't know exactly how that works (I doubt his son was hauling in $1k in tips), but I was basing my comments on the title of the thread, "My son's employer was robbed". That's different than "My son was robbed" or "The employees where my son works were robbed".

jmra wrote:

WTR wrote:

jmra wrote:Two observations:
1. Don't store money within arms reach of a customer.
2. I'm not chasing anyone over my employer's $1k.

Said it was tip money.....hopefully the employer replaced it.

Don't know exactly how that works (I doubt his son was hauling in $1k in tips), but I was basing my comments on the title of the thread, "My son's employer was robbed". That's different than "My son was robbed" or "The employees where my son works were robbed".

I'm sure the tip bag was full of tips given to everyone during the night and was to be slplit equally among the staff. The posting clearly states it was tip money.

WTR wrote:

jmra wrote:

WTR wrote:

jmra wrote:Two observations:
1. Don't store money within arms reach of a customer.
2. I'm not chasing anyone over my employer's $1k.

Said it was tip money.....hopefully the employer replaced it.

Don't know exactly how that works (I doubt his son was hauling in $1k in tips), but I was basing my comments on the title of the thread, "My son's employer was robbed". That's different than "My son was robbed" or "The employees where my son works were robbed".

I'm sure the tip bag was full of tips given to everyone during the night and was to be slplit equally among the staff. The posting clearly states it was tip money.

In that case it is legally earned income and must be reported as such which means the employer is obliged to replace it. Again that makes it the employers money (edited to add) until it is distributed to each employee.