In Texas he might be acquitted by the "necessity" defense if the perp has a long enough record.
I love Texas. Great story: When I had been here only a few weeks they led the news with the acquittal of a guy who had chased a perp (who had burgled his girl's van) down the street and shot him in the back 3 times, killing him. Back in my birth state of PA he would have gone to prison. He was tried in the most liberal of all Texas cities - Austin. The District Attorney who lost the case was asked by the news reporter why the jury acquitted him. In his Texas drawl he replied "well, you have to understand: this guy had a record as long as your arm and the jury just decided he NEEDED KILLING". He didn't even seem upset that he had lost! At our CCW class we have to learn the Texas deadly force laws. The Texas gun laws still have a section titled NECESSITY. Basically, it was looked upon as doing society a favor. It didn't seem to matter that the shooter didn't know anything about the guy's record.