Yes, it is legal here in Texas, as you say, to use deadly force to protect your property, if you catch the perps actually committing the crime.(can’t go find ‘em later, shoot ‘em and get stuff back) and I don’t know about shooting them in the back. Seems like I read it has to be at night before you can do that?
The article doesn’t say, but if he was not fleeing with property, this would not have been a legal shoot in Texas either (see 2B below). 3A also leaves a lot to be interpreted for a shooter if it goes to a jury.
Every gun owner should study all of the use of force/deadly force statutes in their state. It amazed me in my CHL class how many people had no idea what the laws in Texas said about the use of force. Several people made the old comment about shooting someone and dragging them inside your home etc, etc.....
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.