Texas is a little different.
In 2007 a guy in Pasadena TX shot and killed two guys who were burglarizing his neighbor’s home. He told police if they didn’t get there quickly enough, he was going kill them.
They didn’t, and he did.
He was cleared in Jan 08.
http://abcnews.go.com/GMA/story?id=5283784
2007 a guy in Pasadena TX shot and killed two guys who were burglarizing his neighbor’s home.