Would You have been justified in "Drawing" on them... I could argue a strong case for it under the circumstances give..
Would I have "Drawn" on them, pulled my pistol, yes, pointed it at them.. I dunno...
If you wait until the threat perceived is real to draw, you are already dead, the fastest draw I have ever seen is to already have it in your hand.. more on the legality of that in a minute.
Lighting, the bag, type, weight.. dress, demeanor... all would become part of MY equation. Was it a hidden away side window, or was it in front near a sidewalk.. How far was the house set back off the street? All of these are questions that may later come op post incident by armchair legal experts looking to hang you... Either Civil or Criminal..
TxHogHUnter, you and I have the great fortune of residing in the Great State of Texas, where property owners and residents still have some rights and flexibility under Texas Law.
Would you be LEGALLY Justified in pulling a weapon... First lets look at when force is justified... in your case the BIG Gamechanger is NIGHTTIME...
§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. 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.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
Please note that the 1994 Legislature saw fit to remove, criminal trespass during the nighttime from the list of justifiable defenses. However, why else you someone carrying a bag be looking through your window at 11:30 at night if not to commit a burglary or a theft.. Please note that there is no aggregate dollar amount attached to the theft.. I could legally be for any item of value.. Morally, that is a question for you to place a dollar figure on... if it it too little, surely a Civil Jury will do it for you long after the fact.
As far as "Drawing" a weapon... here is the Texas Law on that...
9.22. NECESSITY. Conduct is justified if:
(1) the actor reasonably believes the conduct is
immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm
clearly outweigh, according to ordinary standards of
reasonableness, the harm sought to be prevented by the law
proscribing the conduct; and
(3) a legislative purpose to exclude the justification
claimed for the conduct does not otherwise plainly appear.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
One would argue Necessity, by, It was 11:30 at night, they were at MY HOME with out reason, cause or connection to the home.. they were carrying a bag, a burglars bag?,a bag with a weapon?... they looked like a burglars,, burglars have to have some sort of tools to break in, any tool can be used as a weapon (manner of intended use).[sec 9.01 tx Penel (3) "Deadly force" means force that is intended or
known by the actor to cause, or in the manner of its use or intended
use is capable of causing, death or serious bodily injury.
Translation: If they have a weapon in that bag on on them, then to keep them from using it, I showed them mine...
And Lastly..
§ 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of
force is justified when the use of force is justified by this
chapter. For purposes of this section, a threat to cause death or
serious bodily injury by the production of a weapon or otherwise, as
long as the actor's purpose is limited to creating an apprehension
that he will use deadly force if necessary, does not constitute the
use of deadly force.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
This simply means that a show of force is not the use of force, by merely having a gun in your hand is not the use of force.. So if I am conducting a one sided conversation with a burglary suspect in my front yard at 11:30 at night, and I have a gun... Ahh, It's ok.. Your a Texian.. We can do that..
Oh Yeah... now for the SPOILER.... Just because you CAN, doesn't mean you SHOULD... Just because you didn't get arrested, doesn't mean that you won't get sued....
§ 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct
is justified under this chapter does not abolish or impair any
remedy for the conduct that is available in a civil suit.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.
And that is what really SUX about it all.... or in the words of Tony Soprano: "There ain't nothing in the Constitution about being Fair"... BUt Personally, I like one of JOHN WAYNE's Quotes even better.."Life it tough, it's even Tougher when your stupid." Ah your visitors were Stupid..
