Armed Defense and the Use of Force in Texas

I comment on the use of force. Some of my readers and listeners know more about an incident than I do. I’m lucky that they contacted me and made me smarter. Here is what they said.

Samuel left this comment-

I listen to the Polite Society Podcast every time it comes on and I get a lot out of it. I do have one important thing to please see that you correct.

There was the story recounted of the man who tracked down his stolen car by use of an airpod, and wound up shooting the thief he found in the car. Y’all said he was not yet being charged because Texas allows the use of deadly force in defense of property. That wasn’t the reason. The man confronted the thief and in the course of that confrontation, he shot the thief because he thought the thief was going for a gun. This was self defense, not property defense.

The Texas statute would not have protected him in any case, because the fracas happened during the day. The Texas statute, cited below, specifically applies at night with certain other limitations. I enjoy the show. Keep up the good work.

News source for the story- https://www.mysanantonio.com/news/local/article/san-antonio-airtag-shooting-17871230.php

Legal reference on use of force in Texas to protect property- https://lawofselfdefense.com/statute/texas-sec-9-42-deadly-force-to-protect-property/  

Greg is a firearms instructor in Texas, and he sent in a comment also-

My comments are based on public information solely. Any changes to the relevant fact patterns might alter my conclusions.

Texas Penal Code 9.42 offers a bit more wiggle room. An actor ( the victim) may use Deadly Force to recover stolen , robbed or burgled property IF, IF the actor cannot recover the property by other means without exposing themselves to Death or Serious Bodily Injury AND , I say AND , the Grand Jury concludes that the action was reasonable under the circumstances.

The bank manager can use Deadly Force and shoot at the fleeing bank robbers and the Grand Jury Will generally consider that action reasonable.

I tell my students DO NOT shoot a thief, even if they are stealing your new Maserati. Let them go. Call the Sheriff, Constable or city cops. Then call your insurance company.

The “get out of jail free” card in the cited incident was the fact that the car THIEF was reasonable believed to be armed. He was thus not legally a thief but instead had graduated to the status of a “Robber.” If the Robber has a weapon, the offense, in Texas, is called “Aggravated Robbery”. He (the attacker) reasonably and articulably ALSO, in addition to his status as “Aggravated Robber”, poses a reasonable deadly threat to the victim.

Texas Penal Code 9.32 (B) explicitly states that a Defender is JUSTIFIED in using Deadly Force to defend against a Robber/ Aggravated Robber. TPC 9.32 (A) says the Defender May use Deadly Force to Defend against unlawful Deadly Force.

An Aggravated Robber generally falls into both categories. (lethal attacker, and aggravated robber)

As for a thief? Call the cops.