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Brandon, I think you had better check those Texas laws again. You have no duty to retreat in your own home at any time, period. In fact you don't even have to be in the home during the night. Criminal mischief in the nightime is justification for the use of lethal force. ie. The case of an elderly gentleman in Harris county (Houston) who was robed an beaten two months in a row on the day his SS check came. The next month when the three low lifes came to visit he was sitting on his roof with a rifle and shot all three dead. They were on his property and official sun down was ~20 min prior to the shooting. No charges were filed.
Andy, Don't throw down a weapon. It doesn't matter if the shooting was justified or not. That weapon will be tested and if you are found to have placed the weapon you will be fried in court. Just tell the jury why you felt in fear of your life. If you have a good lawyer he will demonstrate how perceptions change during a life threatening situation. Tunnel vision, Lighting, that a person can cover 20 feet in less than 2 seconds etc, etc.
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Allen
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