Texas is probably more likely to excuse the use of force than Washington.
"John Walden was a 23-year-old hay bailer, admittedly strong from his arduous physical labor, who had a history of minor confrontations with the teenagers who were involved in this case. Fisticuffs had taken place between Walden and the teenagers previously, but no deadly force had been involved. Walden, after drinking several beers, became involved in this altercation with the teens. The teenagers were, in fact, unarmed.... Walden was in no imminent danger of great bodily harm and he was not a frail or slight person or a victim of prior repeated abuse. Rather, he was a strong young man who was alcohol-affected and was reported to be the aggressor in the altercation. Walden never explicitly testified that he feared imminent death or great personal injury which would produce severe pain and suffering for him. Therefore, [the trial court determined] Walden was not entitled to use of deadly force."
Walden did get a re-trial, though, because of a mis-stated jury instruction.