With the current events taking place nationwide, the topic of local monuments have been a hot topic on social media forums. Granbury Police Department recently released a statement on their facebook page in response to some of these conversations regarding any citizens using deadly force against anyone thought to be vandalizing statues in town. It is to be taken very seriously. Please read below:

With all of the current talk and controversy involving the statue of General Granbury, there has been a significant escalation in talk that we feel we must address. There is a person claiming to be a police officer and instructor (unknown if he is or is not) who is posting inaccurate information on social media sites. The posts in question are interpreting chapter 9 of the Texas Penal Code to allow a person to use deadly force against another for simply vandalizing a statue. This is absolutely not true.
The specific section being argued starts with TX Penal Code Section 9.42, which states a person can use deadly force to stop another person from committing Criminal Mischief at night. That section covers a person protecting their own property and is part of a prerequisite for protecting a third party’s property, which is covered under Section 9.43. Unfortunately, there is a very important part of 9.42 that is being missed. That is a requirement that, in addition to seeing a person commit Criminal Mischief at night, the person using the force must reasonably believe the following:
(A)The land or property cannot be protected or recovered by any other means, or
(B) The use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
When the entire statute is read, it becomes obvious this issue is not nearly as simple as some would have you believe. It is not legal to shoot someone for simply vandalizing a statue, regardless of what some are claiming. There must be other factors involved to justify deadly force. Additionally, you must ask yourself if it is worth it to take a life over a piece of property which doesn’t even belong to you, even if the action may be legally justified.
The Granbury Police Department does not recommend confronting anyone under these circumstances. We ask that you call 911 and be the best witness you can be. If you can continue to watch the suspect(s) safely, please do so until officers arrive.
As with any other issues, please feel free to call the police department with any questions at 817-573-2648.