Is there a VIN tag on the tailgate?

While I agree with both of these quotes from the Castle Doctrine explanation from that law firm's website, it conflicts with what the state website says in 9.42. I'm not a lawyer and don't know the intricacies of TX law. I will say though, some areas of the state (Austin?) may just have a DA that is just a little less willing to give you a pass. While you may be able to argue your case successfully, it may cost you (hundreds of) thousands of dollars to do so. That's a damned tricky situation. Personally, I wouldn't think the risk of prosecution would be worth it...not for a tailgate.

 

You really need to pay attention to the rest of the penal code that was quoted. There’s a big, gigantic IF:

“if the person reasonably believes the land or property cannot be protected or recovered by any other means; or that a use of force other than deadly force to recover the property would expose them to a substantial risk of death or serious bodily injury.”

This law most certainly does not generally allow a person in Texas to shoot someone for stealing a tailgate. Or a pair of pants. A very special set of circumstances is required. And even then…

You may want to read up on what legal experts in Texas have said about use of this law in defense of use of deadly force to protect property / prevent theft and what they predict juries will do if presented with these circumstances in a trial.

 

The link he posted was a law firm website that is optimized for SEO. It may not be accurate but it was what HE posted to try to prove his point.

I agree a tailgate is not worth the risk.

 

My bad. It was a bad link. I shouldn’t have been responding after having a few glasses of bourbon.

But the fact remains that it is legal to use deadly force in Texas to prevent theft. I was trying to find case law to prove it but honestly there isn’t much to find because even in gregarious cases, grand juries rarely send people to trial for it.

Here’s an example of that. There are many others:
https://abc13.com/post/harris-county-grand-jury-declines-indict-dushawn-caples/14907312/

 

You might use deadly force against someone stealing in TX and never be charged.

You might also be charged and later acquitted. You *probably* won’t be convicted, but it’s possible depending on the circumstances and on the jury.

An acquittal might be somewhat hollow after spending 2-4 years of your life living a nightmare, including confinement if you couldn’t post bond, tens if not hundreds of thousands of dollars of attorney’s fees, mental anguish not knowing what a jury will do, and probably loss of your job and perhaps reputation. Even after that, there could potentially be a civil suit to deal with.

I know if it were me, I sure as hell would only take a life if the alternative was likely me or another innocent person losing their life or being seriously injured. A penal code doesn’t guarantee what a DA will do and it doesn’t guarantee what a jury will do. Merely being charged can destroy your life.

 

True. But what is advisable to do and what the law allows are entirely two different things.

 

Now that Friday is over I'd like to point out that all the arguing about Texas gun law has nothing to do with the OP's situation.
At best, in Texas (he is not) you can prevent theft, under the right circumstances, with deadly force, if I believe everything I have seen quoted/posted. I have seen this before. But his situation is the property (tailgate) is GONE. He is thinking of investigating and RETIEVING it. In no state would a gun be allowed to come into play. Menacing at best.

 

Not sure why there’s a need to point this out, it’s been clear to all of us since post #20 that the OP isn’t in TX.

There’s no argument going on, just a side conversation about the general topic. I mean, it’s not like the OP asked for input and it matters if the thread stays precisely on topic.

It’s ok for people to talk about related stuff.