I would say yes. The guy was following him around and the shooter was looking to avoid a conflict. the warning shots didn’t stop the victim and when the victim went to pick up his gun he shot him first.
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Is this shooting self-defense? (WARNING)
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That ain't self defense, shorts put his gun down and was squaring up, jeans only shot him when shorts wasn't a gun threat. Jeans probably gonna do, double digit term in jail.
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Id argue self defense, and pretty concretely at that as the victim clearly pointed his weapon at the shooter and followed him. That is a very stressful position to be in, and if you're on the other end you protect yourself at all times, you have no idea if the victim would've drawn his firearm again and shot it seconds or minutes later.
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It may not be clear whether or not the original gunman was no longer a threat, even though he turned to walk away. That doesn't mean he couldn't turn around and open fire. The guy who had the gun pointed at him was obviously triggered (literally and figuratively) and responded in the heat of the moment. It's probably better it ended this way. Eventually one of them would have gone after the other in a drive by and maybe innocent people get shot in the crossfire.
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At the moment of death, the victim was unarmed. Self defense is going to be tough to show. The defense should try for mitigating circumstances or mental duress caused by the initiation of the weapon.
This should be a lesson. Never unholster your weapon until you are prepared to discharge it.
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Great loss to society.. too bad he didn't get some shots off and kill the other kid as well.
The world doesn't need these people walking around with the rest of us
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I studied a similar case in criminal law last semester. It was a domestic situation, and the attacking male went to the bathroom in the midst of assaulting the female. She retrieved a firearm, shot and killed the man. If I remember correctly, the court held because he ceased the attack to go pee, the element of imminent fear didn't exist.
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