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I am quite familiar with the statute in Texas. Below you can also read it. "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." As mentioned I personally would never use deadly force unless I was in fear for my life. The statute is very clear and precise. I welcome your comments. Stealing a man's possessions in Texas is a dangerous line of work. The reason about the difference in the law relative to day and night is it assumed that in the day time you can determine if the thief is armed and dangerous. At night it is assumed he is armed and dangerous as you can not see if he has a weapon. The fact this robbery was in the daytime and the man had an axe in his hand made him armed and dangerous by Texas law. Under Texas law this was a legal shoot. I myself would not have taken the shot. It was a very bad decision by this man.