CCW in action

[timsatx]

oshua McCann, a 22-year-old truck driver was in San Antonio to pick up a motorcycle for a customer in another state. When he pulled into the shopping center, he was confronted by a man who said he was a police officer.

The ‘police officer’ told McCann to get out of his truck. McCann did, and then asked to see the man’s badge to prove he was actually a police officer. When the man couldn’t produce a badge, he informed McCann that he was going to steal his truck.

That’s when the man’s day turned bad.

McCann sprung into action and drew his concealed carry firearm and shot the man three times in the abdomen.

    Responding officers found the suspect sprawled out on the pavement when they arrived. He was taken to University Hospital were he was later pronounced dead.

    By that time, McCann had placed his gun on the seat of his truck. Police spoke with him and later confirmed his story with employees from the cycle shop. Several witnesses and the truck driver were taken in to make statements.

An important thing to point out is that McCann had placed his firearm on the seat of his truck before police arrived. This was a good move, either placing the firearm somewhere safe and in your view, or back into your holster. The last thing you want to be doing is holding your firearm when police arrive. Until they sort out the situation, they have no idea who you are or what your intentions are. It’s in everyone’s best interest to secure the firearm in a location other than your hands.

http://concealednation.org/2014/09/ccw-in-action-man-tries-to-carjack-concealed-carrier-and-loses-in-more-ways-than-one/

[VirginiaJim]

This will be interesting to see how it plays out.  Did the perp have a weapon?

[fred-houston]

Looking at the picture in the link, it appears this incident occurred at night in Texas. 

TEX PE. CODE ANN. § 9.42 : Texas Statutes - Section 9.42: DEADLY FORCE TO PROTECT PROPERTY - See more at: http://codes.lp.findlaw.com/txstatutes/PE/2/9/D/9.42#sthash.YCG3mDpU.dpuf

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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
- See more at: http://codes.lp.findlaw.com/txstatutes/PE/2/9/D/9.42#sthash.YCG3mDpU.dpuf

If this did occur at night, then the use of deadly force should not be much of an issue.  The case will still go before a Grand Jury, so time will tell.

[VirginiaJim]

In just thinking out loud and what's been brought up before nationwide with these incidents is that if the perp had no weapon and was shot several times this may not be cut and dried. 

[timsatx]

This happened here in San Antonio. Based on what I have seen happen previously here I am thinking this person will not go thru a criminal trial.

[Steve in Sunny Fla]

This was to stop a robbery, and I think the night time component won't even play into it. In most civilized states, commission of a forcible felony can be met with deadly force. In other words, he didn't ask for the truck and was granted permission, he would have to apply some level of force, or threat of force. If the vehicle owner was so much as touched during the incident, it becomes a forcible felony. I'm not sure how that would work by impersonating an officer to stop the truck in the beginning, but that will surely be another charge, and a person capable of doing that would surely be considered to present an imminent danger. Perhaps the impersonation of an officer is considered force in this instance. JMO - steve

[rocknrod]

The driver isnt going to face any charges for this in Texas!
I like this one:
Three armed men entered Duece’s Smoke Shop in Pharr, Texas and attempted to rob the store. An owner responded to the threat by retrieving a gun and firing at the criminals, striking and killing one, and causing the others to flee. Police captured one of the suspects shortly after the shooting and have charged him with murder in the death of his accomplice. (The Monitor, McAllen, Texas 05/02/14).

[AlbertaDoug]

The driver isnt going to face any charges for this in Texas!
I like this one:
Three armed men entered Duece’s Smoke Shop in Pharr, Texas and attempted to rob the store. An owner responded to the threat by retrieving a gun and firing at the criminals, striking and killing one, and causing the others to flee. Police captured one of the suspects shortly after the shooting and have charged him with murder in the death of his accomplice. (The Monitor, McAllen, Texas 05/02/14).

Yup the saying rings true again, " DONT MESS WITH TEXAS"   
Similar incident up here in Calgary. http://news.google.com/newspapers?nid=1946&dat=19861119&id=dJE0AAAAIBAJ&sjid=RKgFAAAAIBAJ&pg=2475,6310494

http://www.thehighroad.org/archive/index.php/t-14587.html