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Notes -
It does not not make him look good, but the evidence still suggests his life was in danger and he acted in self defense. It's the same thing as the Rittenhouse case or George Zimmerman. Putting oneself into danger or risk taking behavior does not invalidate the self defense argument.
This isn't the same as the Rittenhouse case, at all. It amazes me that the misinformation still floats around...
part of the problem is that had I argued the opposite, then I'd have people tell me it is like the Rittenhouse case. TBH I don't care that much anyway, given I strongly dislike BLM I hope he is pardoned, the contravening details or facts are otherwise irrelevant to me
So it's OK to use a bad example (pulling from misinformation) because other people would of?
Am I understanding you correctly?
(sorry for the late response)
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It’s both correct? One key difference is Rittenhouse clearly retreated. And then after the first shot you had mutual combat where honestly depending who died both sides could claim plausible self defense.
But the same in that it’s late at night. Armed people on both sides who don’t trust each other. Both cases had behavior I guess I would describe as wilding behavior so it’s tough to tell what’s a threat. Kenosha I would describe a lot of the action terroristic/violent (burning buildings). Both took place where normal people had legitimate interest in the area. The Uber driver apparently had dropped off a passenger. Kenosha residents had their public square and often businesses being attacked.
I think one big difference is in Kenosha the guy who initiated with Rittenhouse was not a good guy and was attacking him. This incident I think the victim was more of a larper walking around with a rifle acting tough.
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https://statutes.capitol.texas.gov/Docs/PE/htm/PE.9.htm#C
9.31.2
Did not provoke the person whom the force was used
So I think the case comes down to did he knowingly try to provoke the encounter. Did he speed into the crowd too fast. And where his prior texts of talking about triggering an encounter gives a lot of information on his state of mind.
It's hard to say, which is why this is so hotly contested still.
He drove his car into the crowd at 10mph, but slowed down, stopping and then was approached by Garrett Foster, who may have raised his gun at him just 18 inches from the driver side window. Being an Uber driver, his motive could have been he was in a hurry.
as someone on twitter notes:
I looked into it more. I think before provoking you have to asks whether the victim ever actually crossed into threatening. There’s no video evidence. A bad picture with gun not entirely parallel. Basically a he said/she said. And I’m not sure on the legal definition he needs for proving self defense. It’s a different standard I believe than reasonable doubt.
With him sitting their 6 seconds I’m not seeing the provocation before the issue now.
I agree on the not loaded. He wouldn’t know that and if some points a gun at me I am going to assume it’s loaded.
I’m not a gun guy. But I think you are correct. Which I’m guessing meaning he could have quickly done something to pull a round into chamber.
Either isn’t important for the other persons view of risks.
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