How would you respond to this case ?

Issue 1:

In this case, Joe witnessed a stranger unlawfully driving his car. Under Section 9.41, Joe had the right to use force to prevent the theft of his car. However, this statute does not justify the use of deadly force to simply recover property unless it meets the more stringent requirements found in Section 9.42. The District Attorney may have grounds to charge Joe with murder. Although Joe had the right to protect his property, Texas law limits the use of deadly force, especially in cases of daytime theft where non-deadly means could potentially prevent the theft or recover the property. Since Joe shot the thief during the day and without evidence that deadly force was the only option, the District Attorney could argue that Joe's actions were not legally justified.

issue 2:

In my personal opinion, Joe should likely not be charged with murder. While Texas law places limitations on the use of deadly force in property crimes, the situation also involves a rapidly unfolding event where Joe reasonably believed his property was being stolen. Given the history of the thiefwho had prior criminal convictions for violent crimes like Assault and Attempted Murderit is possible that Joe feared for his safety as well. When Joe shouted for the man to stop, the brief hesitation followed by the car continuing to back out may have heightened Joe's sense of danger, potentially leading him to act in a way he felt was necessary at the moment. Moreover, the law should consider whether a reasonable person in Joe's position might believe the situation called for such a drastic response. Joe may have feared that allowing the thief to escape could lead to more harm, whether to him or others. Thus, from a moral standpoint, it seems harsh to prosecute Joe for murder, especially if he was attempting to protect his property and may have been acting under the belief that more violence or danger could follow.