Texan robbed then thrown in jail....

So, recently in Texas a jewelery store was robbed and the owner shot at the fleeing robber. The police then came and arrested the owner after he reported the robbery. They arrested him for "Deadly Conduct".

Full (albeit short) story:
Mesquite jewelry store robbed; owner arrested | Dallas County | WFAA.com

Deadly conduct is defined in Texas statues as:
Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

Now, statues regarding Deadly force state:
PC 99.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or tangible,
movable property:
(1) if he would be justified in using force against the other under
Section 9.41 ; and
(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
(B) to prevent the other who is fleeing immediately after committing
burglary, robbery, aggravated robbery, or theft during the nighttime
from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by
any other means; or
(B) the use of force other than deadly force to protect or recover
the land or property would expose the actor or another to a substantial
risk of death or serious bodily injury

If he had "hit" what he was aiming at would this jewelery store owner be staying at the grey bar hotel.. you can see in the video the guy took a shot at say 40 or so feet if he was using a snubby that would have been a stretch in my book for some guy in a heat of the moment situation..

http://www.wfaa.com/sharedcontent/dws/wfaa/county-dallas/stories/wfaa091031_wz_jewelthief.26f4321f5.html
my link didnt work

Watching this video I think that he is lucky that he didn't get in more trouble than he did. This POS was not a danger to him and had he hit and killed him I believe that he would be facing some very serious charges. You can't just shoot someone in the back and expect good things to come from it. Would I feel bad for the crook had he been hit and died? Hell no! I would feel bad for the store owner.
I had a neighbor years ago who caught someone stealing stuff from his garage. It was a detached garage and he ran back into his house to get his deer rifle. The guy was running down the middle of the street and Billy ran to the street and took aim, pulled the trigger and "Click". Misfire! Perfect hit on the primer but it didn't fire. Billy said that was the absolute luckiest day of his life. I guess that dealing with the adrenalin rush is something that is hard to practice for.

im pretty sure the store owner could have ran him down.. the guy looks to be in the 250+ lb range and I bet it wouldnt take much more running for him to be winded.. I think thats what I would have done. Bla I cant say that. If someone just stole 10k from me I think I would have taken a shot('s). There is a jewelry store in jackson that I have seen a 100+k necklace at... If someone stole that from me you can bet your sweet A$$ some shots getting fired

so from the vid I take it he shot at the robber while inside a mall? I'm no lover of "the Man", but I think that was an appropriate charge against the owner. Inside a mall is not the place to be shooting at moving targets at 40 yards with a handgun. Its just too dangerous to bystanders.

Now if he had chased the guy out into the parking lot outside the building then took a shot he probably would not have been charged like he was. But then, he'd probably face not only losing his property, but paying to fix a hole or two in someone's ride.