He was not shot for trespassing. He threatened to take the homeowner's gun away and use it on him. He moved toward the homeowner and began to push the homeowner with his chest. He reached for the gun he had just threatened to take away from the homeowner and use it on him. Then he ignored the warning shot and grabbed the gun he had just threatened to take away from the homeowner and use it on him. He swung the homeowner around in an attempt to take the gun away. That's all known from watching the video. The homeowner's lawyer says the ex then started to move toward the homeowner and the homeowner fired. Neither video captures the ex either moving or not moving toward the homeowner after the second attempted disarming. But the video from inside the house shows the ex lift his leg as one would do when they start walking.Here's the actual laws from Texas:
Standard self-defense laws essentially say you have a right to protect yourself.
You don’t need to stand there and let someone attack you. As stated above, this doesn’t mean you have the right to use excessive force.
For example, if someone attempts to punch you, you can defend yourself with equal force, but you can’t necessarily engage with a weapon.
Note here: you have to be in danger, and you have to respond with proportional force.
Moving on:
Texas law states that you have no duty to retreat when there is a reasonable belief you are in danger and it extends to your home, vehicle, or job.
You can justify the use of deadly force if you believe it was absolutely necessary to prevent a violent crime like sexual assault, kidnapping, murder, or robbery.
Let me repeat: "prevent a VIOLENT CRIME like SEXUAL ASSAULT or MURDER".
Can anyone please look through this and see where exactly it applies to people trespassing? Let me give you a hint. It doesnt.
What Is Stand Your Ground Law in Texas? | Simer & Tetens
What Is Stand Your Ground Law in Texas? - Texas is one of a number of states that enforces a stand your ground law. This law essentially allows someone to defend themselves if they feel their lifesimerlaw.com
Imagine you legally have a weapon in a place you are legally allowed to be, perhaps on your porch. Now if someone who is very agitated threatens to take it away and shoot you with it then gets in your face and reaches for it twice, grabbing it the second time and trying to swing it from your grip, what would think his intentions were if he then moved toward you again? How many disarming attempts must you endure before you're allowed to reasonably say he seems to be trying to make good on his threat to take your gun away and shoot you with it? Would being shot with your own weapon, or any weapon for that matter, fall under "a VIOLENT CRIME like SEXUAL ASSAULT or MURDER?"
