Interesting case. In most states the law doesn’t allow you to use lethal force to prevent the mere theft of property. The courts take the position that since there is no death penalty for theft, then citizens don’t get to shoot thieves. The courts feel that material objects, things that are probably insured anyway, aren’t worth someone’s life. In my state one may use force to prevent a theft, it just cannot be lethal force, unless of course the thief threatens you with lethal force. So if a suspect were to attempt to steal a lawnmower from your yard you could tackle him, hit him in a non-lethal area with a stick, spray him with pepper spray or mace or use a Taser or electric stun gun (if you have a CCW permit) to prevent his escape with your property. If the thief were to place you in fear for your life by threatening you with lethal force (gun, knife, club to the head, trying to strangle you, etc.) , then you would be justified in using lethal force to prevent the possibility of being killed yourself, but not before. Texas is a notable exception to this general rule. There the law allows you to shoot to prevent theft of property. It happens quite often there. No doubt a legacy of frontier days. So I suspect the citizens sitting on the grand jury will probably return “no true bill” (a finding that no crime was committed) on this case.

-Jeremy Bentham

Store clerk shoots and kills man who tried to steal cigarettes

HOUSTON - According to police, a Sunny's Food Mart store clerk shot a man who came into the store and tried to steal cigarettes from behind the counter after a dispute.