A little info on SB 378 (Texas Castle Doctrine) passed several years ago. While our state repealed the duty to retreat in most cases, Texans may legally use deadly force only if they meet three important caveats. 1) you must be legally present at the location you used deadly force (which in this case was the woman’s home); 2) the person did not provoke the person they used deadly force against (the individual on her property reportedly trying to get into her home without invitation); and 3) the person using deadly force was not engaging in any illegal conduct at the time. So unless the DA has some proof of number two or three -- Tex. Penal code §9.32(c) protects this homeowners actions.
Posted on: Tue, 18 Mar 2014 13:37:40 +0000