EddieDaGreat,
I've almost been in the situation you requested feedback on, and the statutes / legal advice that's been proffered in this thread seems to be clear.
I stopped a burglar in Texas a few years back who was breaking into a house, not a car. I was armed and about 10 feet away when I startled him and announced myself. He ultimately complied and got on the ground, but not until "racking the gun in his face" seemed to convince him of the seriousness of the issue and his ultimate compliance. I could see having pulled the trigger if he advanced or did something stupid, which he luckily did not.
I've been on a jury in Texas, and would have a difficult time finding someone justified in shooting as you described in your scenario, from an apartment window.
Good luck.
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Cave illos in guns et backhoes
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