Quote:
(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.
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I don't think either A or B are viable here, although again, a lie is all that's required to get him off. He knew the police were on the way so A is not valid. B requires some sort of threat to himself that would suggest that deadly force is necessary. If he saw the burglars carrying a gun for example.
ETA: Also, I don't think this happened at
night. That's a BIG issue here. Reports said about 2 in the afternoon I think? I'm trying to find that.
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