The Annoyed Man wrote:
I would have shouted the loud "STOP RIGHT THERE. DO NOT COME ANY CLOSER!!!" with my off hand out in a warding off gesture, while my strong hand would be going for the gun grip. If that were not enough to deter, then draw the weapon. If that is not enough to deter, then shoot.
Sec. 9.31. SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force. The actor's belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the force was used:
(A) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor's occupied habitation, vehicle, or place of business or employment;
(B) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor's habitation, vehicle, or place of business or employment; OR
(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);
(3) if the actor consented to the exact force used or attempted by the other;
(4) if the actor provoked the other's use or attempted use of unlawful force, unless:
(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and
(B) the other nevertheless continues or attempts to use unlawful force against the actor; or
(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:
(A) carrying a weapon in violation of Section 46.02; or
(B) possessing or transporting a weapon in violation of Section 46.05.
It seems to me that the use of deadly force was justified only after the BG grabbed the Sons arm (assault) and or demanded the phone (robbery).
OP: "a man appeared from out of the rows of cars"
It doesn't sound like there was time for "STOP RIGHT THERE. DO NOT COME ANY CLOSER!!!" But if the BG was coming from a distance I don't think asking for directions even in a rude manner would justify the threat of lethal force. I don't see attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery at that point however once he grabbed my arm and demanded my phone then yes, I would draw and shoot. I know some here think that's letting it go to far but for me taking another mans life (even a scum bag) is a big deal and being legally justified is not the only part of my decision process. I want to live the rest of my life knowing I had no other choice.