The video is hard to watch: a man steps in front of a car full of burglars to stop them, and the car does not stop. Brian Foley breaks down the legal consequences for everyone involved in this video.
For the driver
Aggravated assault with a deadly weapon. A vehicle driven at a person is a deadly weapon under Penal Code § 1.07. Striking someone with it while fleeing is aggravated assault — a second-degree felony, 2–20 years, 3G.
Felony murder if he dies. Penal Code § 19.02(b)(3) — the felony-murder rule — makes it murder to commit or attempt a felony (other than manslaughter) and, in the course of and in furtherance of it or in immediate flight from it, commit an act clearly dangerous to human life that causes a death. No intent to kill is required. Driving through a person to escape a burglary is the textbook example. First-degree felony: 5 to 99 years or life.
Everyone in the car. Under the law of parties (§ 7.02), passengers who participated in the burglary can be liable for the driver's conduct if it was in furtherance of the common plan and should have been anticipated.
For the person who stepped in front
Texas allows force to protect property under §§ 9.41 and 9.42, and even deadly force in narrow circumstances involving burglary and theft at night. But those statutes are justifications for the property owner's use of force — they do not make it wise, or legally protected, to place your body in the path of a moving vehicle. Nothing in a car is worth what happened in that video.
The practical advice
If you witness a burglary or theft in progress: get to safety, get the plate, get the video, and call 911. Let the police and the district attorney handle the rest. A defendant who flees is caught far more often than people think — and when they are, the charges are severe. See our burglary of a motor vehicle page or call or text (713) 703-1718.