This is a civil suit, not criminal. Don't they have dumb ass civil suit lawyers in Texas too?
In Texas, we have long had laws allowing home owners to use deadly force for self defense in their homes and around their homes at night. Recently the TX legislature passed a "stand your ground" law that gives even more legal protection to those using lethal force to defend their lives and property. This law gives immunity to civil law suits in cases where a person legitimately uses lethal force in self defense.