A person is justified using deadly force against another to protect land or tangible, movable property:
1) if he would be justified in using force against the other under Section 9.41; and
2) when and to the degree he reasonably believes the deadly force is immediately necessary:
A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
3) he reasonably believes that:
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 of property would expose the actor or another to a substantial risk of death or serious bodily injury.