SuperMan
Member
...very lucky guy.
The last shots where the perp was on the floor not moving are problematic, as is the fact that the shooter left the scene. Killing to prevent the robbery would be legal under TX law; killing to prevent escape or pinishment not so much. Remember, 'turn it on' to meet the threat, 'turn it off' when there is no threat.
Here is the Texas Criminal Pattern Jury instruction that applies:
To decide the issue of prevention of a felony, you must determine whether the state has proved, beyond a reasonable doubt, two elements. The elements are that—
1. the defendant's use of force was not immediately necessary to protect the defendant against [name]'s use [or attempted use] of unlawful deadly force; and
2. the defendant's use of force was not immediately necessary to prevent [лате]? imminent commission of [aggravated kidnapping/murder/sexual assault/aggravated sexual assault/robbery/aggravated robbery].
You must all agree that the state has proved, beyond a reasonable doubt, both elements 1 and 2 listed above.
If you find that the state has failed to prove, beyond a reasonable doubt, both elements 1 and 2 listed above, you must find the defendant "not guilty."
If you all agree the state has proved, beyond a reasonable doubt, each of the elements of the offense of [insert specific offense], and you all agree the state has proved, beyond a reasonable doubt, both elements 1 and 2 listed above, you must find the defendant "guilty."
Reasonable Belief
"Reasonable belief" means a belief that an ordinary and prudent person would have held in the same circumstances as the defendant. CPJC 35, found at Full text of "Texas Criminal Pattern Jury Charges—Criminal Defenses 2018, edition"
I'm gonna go get a taco.
...very lucky guy.