facts: hood argument over some hood rats ensues, the defendant, a 22 yr old black male, has a girlfriend at this apartment complex where the argument is at, and his hood rat girl friend is at the center of the melee. He tells the opposing hood rats to "go get a n___a I can fight."
One of the hood rats, who never should have stuck her nose into the other hood rats' business, says, "I'll bring a n___a for you to fight."
Several days pass, when suddenly the defendant (who lives in the unit across a street/main drag that runs right through the middle of the hood apt complex), sees the nosy hood rat sitting in the court yard of the building that the defendant's girlfriend lives at, on the phone, saying "he just got here, get over here quick!" into her phone.
now, the defendant, who knows that this nosy hood rat is the step daughter of a bad ass gangbanger (one of the "59 Bloods"), and who's heard that said Blood had already come looking for him at his girl friend's apartment, decides to haul ass and go get "back up", meaning a .38 revolver..... he leaves, gets the gun, and returns.
He leaves the gun in his car, then seeks out the Blood, who is 31 with "OG" status in the complex, who many of the neighbors both respect and fear. OG just happens to be leaving his unit to go shake down his step daughter's baby mama for five bucks for some pampers for his step grandchild along with his old lady. An argument ensues, with the defendant telling the OG to come out into the street and fight him (he could have just started fighting right there and then, but he didn't, because he wanted to get his gun out of the car.
the OG says let's do it, but doesn't fallow him out immediately, but rather does so after about 20 seconds pass (the defense lawyer claims OG returned to his unit to get a gun himself). OG returns to the scene and comes into the street and heads toward the defendant, with his old lady trying to hold him back. Young G, the defendant, sees OG rapidly approaching as was tying his shoes for the fight, but rather than fight, he sees the OG reaching under his shirt for something, so he raises up and unloads four shots at OG.
One shot, unknown to all there at the immediate time, strikes OG through the arm and enters his chest, going through both lungs and his heart. he takes two steps back, and falls into his womans arms as he's going to the ground. at this point, Young G approaches him, moves the woman out of the way, and puts the gun to OG's face and shoots him in the head, in a downward fashion, severing the spinal cord of OG. The Defendant runs away. The cops show up. The cops hear rumors that a weapon and drugs were removed from OG before they arrrive, but no hard evidence of that removal is introduced to the jury.
the defense admits he shot and killed OG, but claims it was in self defense and so not a murder.
texas definition of self defense is given to the jury, and provides generally that one may use deadly force if he reasonably believes it is necessary to fend off the use of deadly force against himself. Texas law also explicitly states that one need not retreat, and that one may fire his weapon until empty SO LONG as the shooter defending himself REASONABLY believes IN HIS MIND that the danger he is defending himself from still exists at the time he is shooting (a subjective, from his point of view standard).....
Poll question: Is he guilty of murder or was it self defense?
One of the hood rats, who never should have stuck her nose into the other hood rats' business, says, "I'll bring a n___a for you to fight."
Several days pass, when suddenly the defendant (who lives in the unit across a street/main drag that runs right through the middle of the hood apt complex), sees the nosy hood rat sitting in the court yard of the building that the defendant's girlfriend lives at, on the phone, saying "he just got here, get over here quick!" into her phone.
now, the defendant, who knows that this nosy hood rat is the step daughter of a bad ass gangbanger (one of the "59 Bloods"), and who's heard that said Blood had already come looking for him at his girl friend's apartment, decides to haul ass and go get "back up", meaning a .38 revolver..... he leaves, gets the gun, and returns.
He leaves the gun in his car, then seeks out the Blood, who is 31 with "OG" status in the complex, who many of the neighbors both respect and fear. OG just happens to be leaving his unit to go shake down his step daughter's baby mama for five bucks for some pampers for his step grandchild along with his old lady. An argument ensues, with the defendant telling the OG to come out into the street and fight him (he could have just started fighting right there and then, but he didn't, because he wanted to get his gun out of the car.
the OG says let's do it, but doesn't fallow him out immediately, but rather does so after about 20 seconds pass (the defense lawyer claims OG returned to his unit to get a gun himself). OG returns to the scene and comes into the street and heads toward the defendant, with his old lady trying to hold him back. Young G, the defendant, sees OG rapidly approaching as was tying his shoes for the fight, but rather than fight, he sees the OG reaching under his shirt for something, so he raises up and unloads four shots at OG.
One shot, unknown to all there at the immediate time, strikes OG through the arm and enters his chest, going through both lungs and his heart. he takes two steps back, and falls into his womans arms as he's going to the ground. at this point, Young G approaches him, moves the woman out of the way, and puts the gun to OG's face and shoots him in the head, in a downward fashion, severing the spinal cord of OG. The Defendant runs away. The cops show up. The cops hear rumors that a weapon and drugs were removed from OG before they arrrive, but no hard evidence of that removal is introduced to the jury.
the defense admits he shot and killed OG, but claims it was in self defense and so not a murder.
texas definition of self defense is given to the jury, and provides generally that one may use deadly force if he reasonably believes it is necessary to fend off the use of deadly force against himself. Texas law also explicitly states that one need not retreat, and that one may fire his weapon until empty SO LONG as the shooter defending himself REASONABLY believes IN HIS MIND that the danger he is defending himself from still exists at the time he is shooting (a subjective, from his point of view standard).....
Poll question: Is he guilty of murder or was it self defense?
