Def admits to shooting at cars at two different locations because he was mad at the owners. There were people inside buildings at both locations, it was late at night so most people were asleep. Shotgun was used and made contact with windshields, a washing machine, and a corner of the house.

What type of "recklessness" are we required to show in that he was reckless as to whether the vehicles were occupied? Just that he didn't look in the cars first? I don't think I can prove that...no eye witnesses to the actual shots fired.

If you are concerned with proof of being reckless as to whether the car was occupied try an alternate charge of criminal mischief. Sec. 28.03 which is a state jail felony if the damage is to a habitation, is under $1,500, and caused by a firearm. This does not require any mental state as to occupancy.

That might be the easier route, I was thinking that, too. It seems like it is always reckless to shoot at anything that could contain people without first knocking or looking in window to see if anyone is in there. But recklessness is only "presumed" if the gun is pointed at a person. And that would seem more like agg assault than deadly conduct, anyway, so it seems to be a difficult statute to meet the elements for and unnecessarily difficult to prove. I think you are right and I will probably just take the easy route!