Man kills 2 People While 911 Is Telling Him Not To

[bobman0330]

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This is an interesting requirement, sucks for the guy that the incident took place in "broad daylight"

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I think this is an incorrect interpretation of the statute. The phrase "during the nighttime" should be taken to modify theft only, not that entire clause. Compare:

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(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


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The sentence structures are parallel; why would they use the same modifier twice if the latter one modifies the whole sentence? It's possible that Texas courts interpret it that way, but it's a pretty strained interpretation. Of course, if I were a Texas judge I might resort to some pretty strained interpretation to lock up people like the guy in this case...