I have sat in the jury room on three trials.
The rationale that juries can come up with after listening to testimony from the witness stand, is at times amazing.
I donāt care how good of a case I could make in defense and how much the evidence was on my side, I would never want my fate in front of a jury.
Ā
The law on self defense in Texas says that the use of deadly force is justified if the person using the force reasonably believes that it is the force is necessary.
Of course a jury will look at it and determine if the person had a āreasonableā fear. In my opinion, by law it is to be viewed from the perspective of the person using the force at that moment. That is why it says that āheā reasonably believes. Then under Texas law, a person isnāt required to prove self defense. The state is required to prove that it wasnāt and beyond a reasonable doubt.
So there was no reasonable doubt of fear when your car is surrounded by a mob and a guy is walking toward you with an AK47?
I think that his comments is what he was convicted on. Had they not had that, he probably wouldnāt have been convicted.
Ā That is one reason that I do not talk about what I would do. If you make an off the cuff comment like, āIf that happened to me, they wouldnāt need an ambulance, they would need a hearseāā¦. then later you are in a maybe different situation but resort to deadly force, donāt be so sure they someone wonāt find that comment and use it against you. āHe has obviously been waiting for the opportunity to kill someoneā or worseā¦. the opportunity to kill one of those people. (whoever āthoseā may be)
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