LambChop
Former Member
- Joined
- Dec 19, 2008
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Not if he was still facing him and engaged in the fight. Now, if the evidence shows that TM was shot in the back, then ITA that TM was not a threat and that won't look good for a self-defense claim. (Although I am reminded of the Florida SYG case where the killer chased his victim for more than a block and then stabbed him to death; the attack was caught on surveillance video.)
If TM was standing and they were still fighting how could that be TM's fault. In order for GZ to get up TM had to stand and back off giving GZ the perfect opportunity to tell him who he was and LE was on the way while he was getting up himself. I don't think GZ ever told TM anything. I think GZ was more focused on trying to keep TM from getting away. I personally don't think TM was able to fully stand before he was shot. jmo