Hardcore Greg said:
Zachary Klement said:
From last week. Seems like a standup guy.
He's awful, no one is defending his behavior. Commenting on the altercation and it's legal ramifications is a completely separate issue to most of us.
It's you guys who are allowing "karms" to creep into a legal discussion.
In Texas, provoking the issue can preclude a self defense defense. As stated in
Smith v. State in 1998:
Quote:
A charge on provocation is required when there is sufficient evidence (1) that the defendant did some act or used some words which provoked the attack on him, (2) that such act or words were reasonably calculated to provoke the attack, and (3) that the act was done or the words were used for the purpose and with the intent that the defendant would have a pretext for inflicting harm upon the other. . . .
An instruction on provocation should only be given when there is evidence from which a rational jury could find every element of provocation beyond a reasonable doubt.
This did not happen in Texas, but it would not surprise me if there are similar laws in place elsewhere.
You could make a strong argument that all three are met.
(1) He used words which provoked the attack on him
(2) More difficult to prove, but he is very clearly trying to instigate conflict in his videos and given his previous statements about the likelihood he would shoot someone someday and there being multiple videos of him provoking people, drawing a reaction, and then pepper spraying them, there is definitely a case to be made his words were reasonably calculated to provoke the attack
(3) There is a case to be made for the third element too and his prior statements and him pepper spraying people on video online make it seem like he is doing these things with the intent that the other party would do something to allow him to use greater force on him
In life, you generally don't get to play the bully, get slapped for being a bully, and then claim to be the victim.
Also, curious whether deadly force would be justified or not if none of that were in play. Was he just punched one time? That is not a proportionate response. Was he jumped like the last tweet said? Then, yes, it is justified.