Posted by 2wheelsGood: We're deciding this guy's guilt based on the account of the brother of the thug who showed a gun in the first place?
No, the jury will decide whether he is guilty, based upon the totality of the evidence presented and admitted.
And yes, if you brandish a firearm because your car is being towed FOR WHATEVER REASON, you're a thug.
Well, one cannot shoot someone else because he is a thug.
It does not matter now, but there remains the possibility that the victim was justified in reaching for his gun, and elected not to draw after a change in the dynamics of the situation.
Just sayin', at this point the driver is innocent until proven otherwise.
That is correct.
The defendant has already admitted shooting the victim on purpose. It is now incumbent upon him to provide evidence supporting his claims on the following:
He had reasonable grounds to believe he or she was in imminent danger of death or serious bodily harm, AND
he actually believed that he was in such imminent danger, AND
the danger was such that the could only save himself by the use of deadly force, AND
he used no more force than was necessary.
Failing that, or if the state provides sufficient evidence to the contrary on
any of these points, he will most likely be convicted.
Based upon what has been reported to date, the state does not believe that credible evidence on these factors exists, and/or does believe that evidence exists to counter any such evidence that the defendant may provide.
Regardless of whether the tow truck operator believed that the showing of the gun put him in danger, it will likely come down to whether he had no alternative but to shoot, and that will most likely hinge on whether he did in fact go and get his gun and come back, and to whether he used excessive force.
Continued debate based upon what has been brought forth to date is unlikely to be helpful. Should any other information that may shed light on the case come up, let's share it here.