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<blockquote data-quote="Jacob Robinson" data-source="post: 1552444" data-attributes="member: 18849">To sum up the article the Lubbock DA recused himself on November 10, so it went to the state.&nbsp; To claim self-defense is a unique legal action.&nbsp; Normally, the state has the burden of proof in a criminal case and the defense need not prove anything. But to claim self-defense the defense has the burden of proof.&nbsp; The instructions to the jury will then be, if they find the claim to self-defense to probably be true, then they must acquit.&nbsp; In a prior post it was mentioned what the various requirements are to claim self defense.&nbsp; There are several requirements that must be met, one of them is that a reasonable and prudent person in that situation would beleive they were in immediate grave danger when they used deadly force.&nbsp; &nbsp; The point the prosecutor will hammer on is that when the shots were fired the shooter was a good distance from the victim and the victim was not advancing.&nbsp; When the shots were fired the shooter was not endangered by the victim. Yes, the victim had demonstrated that he was angry and more powerful (yet had injured only the pride of the shooter), but at that moment and at that distance he could not do grave harm, or any harm. The big had tried to disarm the shooter?&nbsp; After the shooter had fired a shot towards him (the warning shot) to disarm him could be claimed as self defense by the victim.&nbsp; Otherwise, so what?&nbsp; Did the big have have arms twenty feet long to disarm him and use the gun against him at that distance. As well, it could be argued that the shooter provoked the victim, and thus loses the claim for &quot;stand your ground&quot; and therefore had a duty to retreat. He did not retreat when he could clearly do so safely, and thus another requirement for legal self defense is not met.Small guy gets pushed around, go gets a gun, then shoots the other guy out of anger after being pushed around again.&nbsp; That is called Murder in the Second Degree.&nbsp; Up to 20 years in the state penitentiary if convicted.&nbsp; Capital murder if any of it was planned.</blockquote>

[QUOTE="Jacob Robinson, post: 1552444, member: 18849"] To sum up the article the Lubbock DA recused himself on November 10, so it went to the state. To claim self-defense is a unique legal action. Normally, the state has the burden of proof in a criminal case and the defense need not prove anything. But to claim self-defense the defense has the burden of proof. The instructions to the jury will then be, if they find the claim to self-defense to probably be true, then they must acquit. In a prior post it was mentioned what the various requirements are to claim self defense. There are several requirements that must be met, one of them is that a reasonable and prudent person in that situation would beleive they were in immediate grave danger when they used deadly force. The point the prosecutor will hammer on is that when the shots were fired the shooter was a good distance from the victim and the victim was not advancing. When the shots were fired the shooter was not endangered by the victim. Yes, the victim had demonstrated that he was angry and more powerful (yet had injured only the pride of the shooter), but at that moment and at that distance he could not do grave harm, or any harm. The big had tried to disarm the shooter? After the shooter had fired a shot towards him (the warning shot) to disarm him could be claimed as self defense by the victim. Otherwise, so what? Did the big have have arms twenty feet long to disarm him and use the gun against him at that distance. As well, it could be argued that the shooter provoked the victim, and thus loses the claim for "stand your ground" and therefore had a duty to retreat. He did not retreat when he could clearly do so safely, and thus another requirement for legal self defense is not met. Small guy gets pushed around, go gets a gun, then shoots the other guy out of anger after being pushed around again. That is called Murder in the Second Degree. Up to 20 years in the state penitentiary if convicted. Capital murder if any of it was planned. [/QUOTE]

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