Looks like many of you seem to think Carruth had a duty to retreat. Texas law would appear to say he did not have that duty.
According to Texas Penal Code §9.31(e), you are not required to retreat before using force if ALL three of the following are true. You have a right to be present at the location where the force is used. I'm told it was his home. You have not provoked the person against whom the force is used. I haven't watched it exhaustively but I feel like the dead guy was the provocative person. You are not engaged in a criminal activity, other than a Class C misdemeanor that is a violation of a traffic law or ordinance, at the time the force is used. I am unaware of what crime he might have committed. I didn't see one.
To put it simply, under Texas law (all states differ) if you have a right to be there and you are not the “bad guy,” you have a right to defend yourself without having to retreat.
"Miss Jean Louise, stand up. Your father's passin.'"
