[dalmations202]

Texas Penal Code 9.42 - 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.





From what I have read, he might have been able to convince a jury of the bolded above.