Jack House
Regular Member
I thought the argument was that he wasn't justified because he instigated the confrontation with the intent to shoot someone.
You're certainly entitled to your opinion, but your opinion is at odds with Texas law. I posted the law above (post #14 in this thread), then followed up in #15.Based on what this vid shows, the shooter was being nice and polite during the whole vid and what happened is one of the rednecks (probably drunk) slipped up behind him and jumped him which, in my opinion, gives him the right to use deadly force to defend himself given the situation being there were many of them and it was at night.
I thought the argument was that he wasn't justified because he instigated the confrontation with the intent to shoot someone.
If he had abandoned the encounter and the other party re-engaged, then yes he could claim self defense. That was not the case here, though.
He was "standing his ground" (the video seemed to show him in the street, not the other party's driveway), which he could have done, except he wasn't carrying legally. Even though he had a CHL, the moment he showed the others he was carrying a gun without being legally justified to use force, he was not legally carrying (PC 46.035(a), "Unlawful carrying of handgun by a license holder" by intentionally failing to conceal). By illegally carrying, he lost the claim of self defense.
I had read that somewhere as well. Apparently there is video of him at the house telling party goers to come to the street and talk about it. Jury felt that was baiting them.
Would be nice to see court records as well as the whole video, since the video I watched only showed him in the street apparently standing his ground when they tried to jump him or something.
911 would have definately been the better choice in this situation, midnight, loud music & alcohol do not add up to a good ending no matter what. LEO's are the "professionals" that should be dealing with anything like this issue b4 it gets out of control...