again burglary is stealing from a dwelling house, as opposed to breaking and entering or stealing
however, if it was nighttime, meaning no daylight maybe the Texas statute is broad enough, nonetheless, if you shoot someone, there will be investigation, lawyers and life will be complicated, although not as complicated as if you got injured or killed
In this particular case, the theft was under Florida law, and “burglary” means:
“1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter . . .”
Here “conveyance” is defined under Florida Law as “any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car”
If the thieves entered one of the cars they intended to steal, that would qualify as burglary under the applicable statute; the old common law definition that restricted “burglary” to a dwelling is long gone. In any case the possession of the stolen car keys would qualify as theft at nighttime, which also justifies deadly force in TX law. The TX law would have protected the shooter, if TX had jurisdiction (Johnny’s point).
In the actual event, Florida law on deadly force applies:
http://www.flsenate.gov/Laws/Statutes/2011/Chapter776/All
I suspect the shooter is in big trouble. The fact that he shot a criminal doesn’t mother me much. The fact that he did so unlawfully worries me a lot more because law-abiding gun owners are already under threat, and even the most understandable gun crimes increase that threat.
Some might say: He was insured, so why worry? If the insurance eventually replaces his cost for the stolen cars, that won’t help him to support himself and his family in the weeks or months that he is waiting for the payment, for new inventory, and to finally sell those cars. These young criminals were putting the business owner’s livelihood at extreme risk. I can’t work up any sympathy at all for the thieves.