Prospects of selling a house next door to a "reformed" spree killer?

[HeyBub]

No. Shooting someone in the back because he stole from another may be frowned upon in Delaware, but not here.

The Texas Penal Code goes on in Section 9.43 PROTECTION OF THIRD PERSON'S PROPERTY with the same requirements and options for protection as for one's own property. Specifically, deadly force is not disallowed to prevent the commission of a burglary, arson, robbery, theft during the nighttime or criminal mischief during the nighttime or to prevent the escape of someone who has just committed such an act.

What's a "warning shot"?

[Rod Speed]

Not in texas he didnt.

Not in texas it isnt.

No legal requirement for that in texas.

[richard]

So far I have not seen either of laws state, "in broad daylight". Each one has clearly used the words "during the night time". Joe Horn has therefor violated the law in his act being performed in the daylight hours.

Joe Horn will never be prosecuted because the news media portrayed him as a vigilante hero. Then finding 12 honest people who would convict him is not gonna happen.

[Larry]

Why do you need to find 12 honest people to convict someone who isn't being prosecuted?

[HeyBub]

I see how you can get there, but that's not the way laws in general - and this one in particular - are interpreted.

To review the law(s) state: "(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..."

The above (and similar renditions elsewhere) is decoded to mean one may use deadly force to prevent: arson [anytime], burglary [anytime], robbery [anytime], aggravated robbery (Texas-talk for 'armed' robbery) [anytime], theft during the nighttime [nights only], or criminal mischief during the nighttime [nights only].

Specific examples: (1) You may NOT use deadly force against a couple of kids tagging your garage during the DAY. To be allowed the use of deadly force to suppress criminal mischief, the mischief must be at night. (2) You can't garrote a horse thief if the offense takes place during the day - you can if at night.