[Highwayman]

This is from the second link in TK’s post. The analysis that is posted there (and I’m NOT assuming by a lawyer) suggests that Horn would be fine if what he did was after dark but not in the daytime. If so, its really nuts.

§ 9.43. Protection of Third Person's Property

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person's land or property; or

(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.


*


§ 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.

Poplicks.com: JOE HORN: NEIGHBOR OF THE YEAR?