But, those rules don't apply in Texas. See Chapter 9 of the Texas Penal Code. You can shoot perps tp prevent their escape. Happens often in Texas and the homeowners get off with a handshake from the Grand Jury.
Sure, he was in the wrong house BUT was he there to commit any sort of crime.
I think the prosecutor is trying to send a message to some in the community that you can't just kill a guy for wandering around drunk ~ you have to have a reason beyond that.
My goodness, even the cops can't get away with that one all the time so why should a civilian think he can.
I assume you are referring to:
SUBCHAPTER D. PROTECTION OF PROPERTY
However, these both assume that the thief is escaping with your property, not just escaping. Do you mean otherwise?