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In reply to the discussion: Stand Your Ground? Texas man kills teacher over noise complaint [View all]sarisataka
(22,778 posts)Premeditated murder? Hardly, the confrontation did not start until he had been there 15-20 minutes. It is not like he walked up and opened fire.
Now in favor of manslaughter/murder-
-He did not make much attempt to de-escalate the situation and remains confrontational
-(apparently) drawing his gun while the men were walking up to him. They were drunk but did not seem very threatening. Prior conflicts may have influenced the actions.
-He might have been on the deceased's property. If so when told to leave, he would be trespassing by refusing to leave, therefore on the property illegally.
In favor of self defense-
-He did warn them he was armed.
-He was outnumbered (disparity of force)
-the end of the video is not clear, is the sudden action due to one of the men initiating physical action- that would definitely bolster the SD case.
Recording the situation is a two edged sword. It does not indicate he planned to initiate a confrontation. It does indicate he wanted a record of what was happening. He is following the civilian version of a police dash cam.
It can show that you were attempting to avoid trouble or it can show you escalated the situation.