Former Member
Banned
From the Texas Penal Code:
9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another: (1) if he would be justified in using force against the other under Section 9.31; (2) if a reasonable person in the actor's situation would not have retreated; and (3) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to protect himself against the other's use or attempted use of unlawful deadly force; or (B) to prevent the other's imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
Prooving deadly force being immediately necessary might be a sticking point.
We would have to know more about the situation to know if deadly force was immediately necessary. My gut reaction is that deadly force wasn't necessary. I'd imagined that the father just lost control of his reasons and emotions.
Good Find, though.