Sherbie
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- Feb 26, 2005
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But you weren't grappling with your target at the time. If TM was on top of GZ (or vice versa) with a foot or so between them, there wouldn't be enough room for GZ to straighten his arm to support the gun when it fired.
I think it's highly possible that firing in such close quarters, the gun's kickback knocked it into GZ's nose and broke it.
I certainly thinks that's more likely than TM punching GZ in the nose, breaking it and leaving a straight-line abrasion across the bridge without breaking the skin of TM's fist.
I think that's a plausible theory if the state wants to claim the injury wasn't from a punch, but I doubt they could actually prove it since it doesn't necessarily have to be either/or. Regardless the truth, the defense could always claim that both things occurred - punch to the nose and kick-back from gun or some other scuffle-related action.