Quote:
Originally Posted by OMG!WTF!
Wouldn't pointing a gun at somene's head in this situation have to be lawful? That's kind of what a reasonable, normal person would do in a self defense situation. It comes down to believing or not the malfunction of the gun. Do you believe he pulled the trigger several times and took the clip out or not?
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Again, it’s a moot question because Mr. Stanley never testified that he points the gun at Mr. Boushie’s head in order to protect himself or someone else. It is Mr. Stanley’s evidence that he isn’t paying attention to where his gun is pointed when it goes off.
But hypothetically, if that was his evidence, I think it would have been a difficult argument. There was little reason for him to believe that anyone’s life was in serious jeopardy at the time of the fatal gunshot. The vehicle isn’t moving. There are no signs that anyone is trapped under the vehicle. Mr. Stanley is very close to it. The only basis for a belief that someone is seriously in danger at this point is that apparently Mr. Stanley’s wife is no longer on the lawnmower that she previously was. To me, that is very thin.