Joe Horn, who last year shot two burglars that had broken into his neighbor’s home in Pasadena, TX has been cleared by a grand jury. It would seem that “because he needed shooting” is still an affirmative defense in the great state of Texas.
UPDATE: A time honored tradition, apparently. The lesson here would appear to be: don’t break into houses in Texas.
UPDATE: A commenter adds:
… The law is not that you can just go and protect your neighbor’s house if you feel like it, the law is that you can protect your neighbor’s house if they have asked you to look after it for them. Also, the grand jury failed to indict not because of this particular law but because he shot the suspects in his own yard, proving to the grand jury that the suspects were then a danger to him, NOT simply a threat to his neighbor’s property…
That’s pretty much my understanding of the case here as well. His argument was that the burglars came onto his property and threatened him.